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HomeMy WebLinkAbout2006-07-11 rt,a ~ ~:~ i ~s,, t Q ,~' CITY OF ~~'~ ~ ~ ~~ ~~~Y'L eYlG~1G~"17 _ _ ~~~ L~~~ ~~ IDAHO 5 /~ ~C~~ER an TaE:nsuwe V n+~'~ iee~ • Revised 7-1®-06 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 11, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: -~~ Shaun Wardle ~ Joe Borton Charlie Rountree ~ Keith Bird _~ Mayor Tammy de Weerd ~~ 2. Pledge of Allegiance: ~ (~~ /Ce/`~'h I3~hd, 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: p'r,2s.Q,w~(-c.oC. 4. Adoption of the Agenda: ~r~ ~- 5. Consent Agenda: A. Approve Minutes of June 22, 2006 City Council Regular Meeting: ~~~ B. Approve Minutes of June 27, 2006 City Council Regular Meeting: Q~~.o~- C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: lL~jy~w D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Gr~Qrrov~- Meridian City Council Meeting Agenda -July 11, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-1®-06 E. Findings of Fact and Conclusions of Law for Approval: VAR 06-008 Request for a Variance to maximum cul-de-sac length requirement for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Gt~~wv~c- F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 002 Request for a Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3~d Street: G~~vK. G. Findings of Fact and Conclusions of Law for Approval: PP 06- 020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C-G zone for Centretoointe Subdivision by Winston H. Moore -northwest comer of Ustick Road and Eagle Road: ~~~ ~~- H. Findings of Fact and Conclusions of Law for Approval: VAR 06-013 Request for Variance to UDC 11-3B-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone for Centreuointe Subdivision by Winston H. Moore -northwest comer of Ustick Road and Eagle Road: ~~~''°~- I. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-018 Request for Annexation and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density Residential) for Incline Village Subdivision by Incline Village, LLC -north side of Cherry Lane west of Black Cat Road: ~~~ J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-016 Request for Preliminary Plat approval of 64 single-family residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision by Incline Village, LLC -north side of Cheny Lane west of Black Cat Road: ~/~~- K. Water Main Easement Agreement for Sunbelt Rental Building by Franklin / Stratford Investments: a~//yd~c- L. Contract for Installation of Linder Road PRV with Star Construction: ~~r,o ~.v M. SHP 06-005 Request for Short Plat Approval of Silverstone Square Condominiums Consisting of 22 Condominium Units on 2 Parcels of Ground on 2.32 acres in a C-G zone by Chris Anderson of Sundance Investments Limited Partnership: c~~rro~ Meridian City Council Meeting Agenda -July 11, 2006 Page 2 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-1®-06 N. Agreement for Professional Services for a Proarammina Company to Set Up Online Services for Department with Matraex Application Proarammina: ~~rraf~- 6. Department Reports: A. City Council President -Shaun Wardle 1. Discussion and Clarification of Downtown Streetscape Plan: G~j~G~fled, B. Planning Department 1. Discussion of Autumn Faire (Tricia's Crossing) Subdivision Pedestrian Pathway: j~.,~y~,9 ha,~l~ ~Qdi~~~ 7. Items Moved from Consent Agenda: ~ ~~`'~'~`"'"~°'~ 7 2S ®~ 8. Request by Larry and Judv Kellen to Waive Fees for a Conditional Use Permit - 403 E. 2" Street: a~j~o~c ,,.,~ Z~r~ ~ w~i~e ~s 9. Tabled from June 27, 2006: FP 06-027 Final Plat approval for 74 residential building lots and 5 common lots on 16.47 acres in an R-8 zone for Ambercreek Subdivision No. 2 by Dyver Development, LLC -south of McMillan Road and west of Meridian Road: ~~ ~--~~~~. ~~`~06 10. FP 06-028 Request for Final Plat approval for 27 single-family residential building lots and 2 common /open lots on 7.92 acres in an R-8 zone for Settlement Bridge Subdivision No. 6 by Capital Development - 2205 E. McMillan Road and 2251 E. McMillan Road: ~fi~u`c~ 11. FP 06-030 Request for Final Plat approval for 88 single-family residential building lots and 9 common lots on 29.7 acres in an R-4 zone for Madelvnn Estates (f.k.a. Basin Creek) by Pacific Landmark Development - 5603 N. Locust Grove Road: ~i~/.e ~ ?~ZS D6 12. FP 06-029 Request for Final Plat approval for 62 single-family residential building lots and 3 common lots on 13.1 acres in an R-8 zone for Irvine Subdivision No. 1 by Dyver Development, LLC -SEC of Ten Mile Road and Chinden Boulevard: ~~?~mvc..~ 13. Continued Public Hearing from May 2, 2006: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: evy,,77r,,~,,~~ ~ /h, ~o ?-ZS-o6 Meridian City Council Meeting Agenda -July 11, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 7-10-06 14. Public Hearing: AZ 06-008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C-C and L-O zones for South Eagle and Victory Road Propertv Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance -east side of South Eagle Road on both the north and south sides of Victory Road: C ya,~-j„~~ ~~ ~ 7,06 15. Public Hearing: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: l~.y,,~y~~, ~,/h ~ ~~, g~ Zov~ 16. Public Hearing: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: C~~ hvrc p/h fo /~~. 8 ~, 2O® 6 17. Public Hearing: AZ 06-013 Request for Annexation and oning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: ~~.v~.G .~`-~,~ ale ~.Y ~~~,~~, 18. Public Hearing: PP 06-011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: ~,~~~, ~l~ ~ ~~~ ~ ~~,,~,,.,,.~`~,~' 19. Public Hearing: CUP 06-006 Request for a Conditional Use Permit to construct a multi-family development consisting of 200 multi-family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: ~~,a-~ ~~~ ~ ~(,,e ~ a?,,~•,,~.~ ~..~,e, 20. Ordinance No. First Reading of Impact Fee Ordinance: 'Request to Be Removed ~,-,~.w~c~C o~-~. ~~-~C~, 21. Ordinance No. 05-1186 A Amendment to Ordinance No. 05-1188: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: ~ Meridian City Council Meeting Agenda -July 11, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-10-06 22. Executive Session per Idaho State Code 67-2345 (1)(a) (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) (c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and (f) (to consider and advise its legal representatives in pending litigation): 3 . ~~~ e"--. p-rat,` -fir /~i-o ~e fJ^. vr,. a~ Je ~-~~ ~:e .r J~~ ~ i~u ~,~.e SPiA~v7'~e. t ~ {ma'r' !e%~ h1.Pn iG~i a w ~i~ ~~vGC Grp/~ L C ~- y~Y'~r~eGff ~~ ~~od`~ Meridian City Council Meeting Agenda -July 11, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i ~ -~ Please ~~s~ ~ ~~~v ~~~° r~ S: ;~.M :-.~ CITY OF `~ } 4 ~~ erl~t~-n ~ ~- «n~o {~, A'Y J' ~c e ~R ~ Tn~,uune vim'` CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 11, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 22, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: _~ Meridian City Council Meeting Agenda -July 11, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acxommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888~F433 at least 48 hours prior to the public meeting. • E. Findings of Fact and Conclusions of Law for Approval: VAR 06-008 Request for a Variance to maximum cul-de-sac length requirement for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 002 Request for a Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3`~ Street: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C-G zone for Centrepointe Subdivision by Winston H. Moore -northwest comer of Ustick Road and Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: VAR 06-013 Request for Variance to UDC 11-3B-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone for Centrepointe Subdivision by Winston H. Moore -northwest comer of Ustick Road and Eagle Road: I. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-018 Request for Annexation and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density Residential) for Incline Village Subdivision by Incline Village, LLC -north side of Cherry Lane west of Black Cat Road: J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-016 Request for Preliminary Plat approval of 64 single-family residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Villaae Subdivision by Incline Village, LLC -north side of Cherry Lane west of Black Cat Road: K. Water Main Easement Agreement for Sunbelt Rental Building by Franklin / Stratford Investments: L. Contract for Installation of Linder Road PRV with Star Construction: M. SHP 06-005 Request for Short Plat Approval of Silverstone Sauare Condominiums Consisting of 22 Condominium Units on 2 Parcels of Ground on 2.32 acres in a C-G zone by Chris Anderson of Sundance Investments Limited Partnership: Meridian City Council Meeting Agenda -July 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. N. Agreement for Professional Services for a Proarammina Company to Set Up Online Services for Department with Matraex Application Proarammina: 6. Department Reports: A. City Council President -Shaun Wardle 1. Discussion and Clarification of Downtown Streetscape Plan: B. Planning Department 1. Discussion of Autumn Faire (Tricia's Crossing) Subdivision Pedestrian Pathway: 7. Items Moved from Consent Agenda: 8. Request by Larry and Judv Kellen to Waive Fees for a Conditional Use Permit - 403 E. 2"O Street: 9. Tabled from June 27, 2006: FP 06-027 Final Plat approval for 74 residential building lots and 5 common lots on 16.47 acres in an R-8 zone for Ambercreek Subdivision No. 2 by Dyver Development, LLC -south of McMillan Road and west of Meridian Road: 10. FP 06-028 Request for Final Plat approval for 27 single-family residential building lots and 2 common /open lots on 7.92 acres in an R-8 zone for Settlement Bridge Subdivision No. 6 by Capital Development - 2205 E. McMillan Road and 2251 E. McMillan Road: 11. FP 06-030 Request for Final Plat approval for 88 single-family residential building lots and 9 common lots on 29.7 acres in an R-4 zone for Madelvnn Estates (f.k.a. Basin Creek) by Pacific Landmark Development - 5603 N. Locust Grove Road: 12. FP 06-029 Request for Final Plat approval for 62 single-family residential building lots and 3 common lots on 13.1 acres in an R-8 zone for Irvine Subdivision No. 1 by Dyver Development, LLC -SEC of Ten Mile Road and Chinden Boulevard: 13. Continued Public Hearing from May 2, 2006: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: Meridian City Council Meeting Agenda -July 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. _~ i 14. Public Hearing: AZ 06-008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C-C and L-O zones for South Eagle and Victory Road Property Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance -east side of South Eagle Road on both the north and south sides of Victory Road: 15. Public Hearing: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: 16. Public Hearing: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: 17. Public Hearing: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: 18. Public Hearing: PP 06-011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: 19. Public Hearing: CUP 06-006 Request for a Conditional Use Permit to construct a multi-family development consisting of 200 multi-family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbu Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: 20. Ordinance No. Ordinance: Request to Be Removed First Reading of Impact Fee 21. Ordinance No. 05-1186 A Amendment to Ordinance No. 05-1186: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for IMestborough Square Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: Meridian City Council Meeting Agenda -July 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. ~ I c~wSe Ids -~ ~u ~ L ~ ~ ~. ~- 11rt~c~ f _~ ~. .~,a F ~~ ~ .,~ CITY OP ~~ ~ ~ ~ ~ QQ ~~ ~~~ IDAHO /~~ ~' ~y P FC F~ R '~ ~ TREASURE V ~ SItlLE 1993 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 11, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 22, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 016 Request for Annexation and Zoning of 5.0~ acres from RUT to R-4 (Medium-Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Meridian City Council Meeting Agenda -July 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 888-44433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: VAR 06-008 Request for a Variance to maximum cul-de-sac length requirement for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 002 Request for a Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3~d Street: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C-G zone for Centrenointe Subdivision by Winston H. Moore -northwest comer of Ustick Road and Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: VAR 06-013 Request for Variance to UDC 11-3B-7C2 to count 15 feet of existing right-of--way for Eagle Road towards the landscape street buffer in the C-G zone for Centrepointe Subdivision by Winston H. Moore -northwest comer of Ustick Road and Eagle Road: I. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-018 Request for Annexation and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density Residential) for Incline Village Subdivision by Incline Village, LLC -north side of Cherry Lane west of Black Cat Road: J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-016 Request for Preliminary Plat approval of 64 single-family residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision by Incline Village, LLC -north side of Cheny Lane west of Black Cat Road: K. Water Main Easement Agreement for Sunbelt Rental Building by Franklin / Stratford Investments: L. Contract for Installation of Linder Road PRV with Star Construction: M. SHP 06-005 Request for Short Plat Approval of Silverstone Sauare Condominiums Consisting of 22 Condominium Units on Z Parcels of Ground on 2.32 acres in a C-G zone by Chris Anderson of Sundance Investments Limited Partnership: Meridian City Council Meeting Agenda -July 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 C+ifice at 888-4433 at least 48 hours prior to the public meeting. N. Agreement for Professional Services for a Proarammina Company to Set Up Online Services for Department with Matraex Application Proarammina: 6. Department Reports: A. City Council President -Shaun Wardle 1. Discussion and Clarification of Downtown Streetscape Plan: B. Planning Department 1. Discussion of Autumn Faire (Tricia's Crossing) Subdivision Pedestrian Pathway: 7. Items Moved from Consent Agenda: 8. Request by Larrv and Judv Kelley to Waive Fees for a Conditional Use Permit - 403 E. 2" Street: 9. Tabled from June 27, 2006: FP 06-027 Final Plat approval for 74 residential building lots and 5 common lots on 16.47 acres in an R-8 zone for Ambercreek Subdivision No. 2 by Dyver Development, LLC -south of McMillan Road and west of Meridian Road: 10. FP 06-028 Request for Final Plat approval for 27 single-family residential building lots and 2 common /open lots on 7.92 acres in an R-8 zone for Settlement Bridge Subdivision No. 6 by Capital Development - 2205 E. McMillan Road and 2251 E. McMillan Road: 11. FP 06-030 Request for Final Plat approval for 88 single-family residential building lots and 9 common lots on 29.7 acres in an R-4 zone for Madelvnn Estates (f.k.a. Basin Creek) by Pacific Landmark Development - 5603 N. Locust Grove Road: 12. FP 06-029 Request for Final Plat approval for 62 single-family residential building lots and 3 common lots on 13.1 acres in an R-8 zone for Irvine Subdivision No. 1 by Dyver Development, LLC -SEC of Ten Mile Road and Chinden Boulevard: 13. Continued Public Hearing from May 2, 2006: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: Meridian City Council Meeting Agenda -July 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: AZ 06-008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C-C and L-O zones for South Eagle and Victory Road Proaerty Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance -east side of South Eagle Road on both the north and south sides of Victory Road: 15. Public Hearing: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: 16. Public Hearing: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: 17. Public Hearing: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: 18. Public Hearing: PP 06-011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: 19. Public Hearing: CUP 06-006 Request for a Conditional Use Permit to construct a multi-family development consisting of 200 multi-family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: 20. Ordinance No. First Reading of Impact Fee Ordinance: 21. Ordinance No. 05-1186 A Amendment to Ordinance No. 05-1186: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: Meridian City Council Meeting Agenda -July 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. Nok TX CONFIRIWTION REPORT ~ AS OF JUL 07 '0105 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 23 0710'7 16 45 3810160 EC--S 02'22" 004 106 OK 24 0710'7 1648 8848'723 EC--S 01'22" 004 106 OK 25 0710'7 16 ~ 50 WATER DEPT EC-S 01'23" 004 106 OK 26 070'7 1652 2088840744 EC-S 01'25" 004 106 OK 27 07/07 1654 POLICE DEPT EC-S 01'22" 004 106 OK 28 0710'7 16 56 8965501 EC-S 01'22" 004 106 OK 29 07107 1658 LIBRARY EC-S 01'22" 004 106 OK 30 0710'7 1700 2083776449 EC-S 01'21" 004 106 OK 31 07107 17 01 3886924 EC-S 01'22" 004 106 OK 32 0710? 1703 P-AND-Z EC-S 01'22" 004 106 OK ~leQSe I~.c+ ~ Pu~tc Nc)t~t'.~ ~- lhctr~rl canoe _ ,~ ert~i~n w,wo -~ V P~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 Fist Idaho Avenue, Meridian, Idaho Tuesday, July 11, 2006 at 7:00 p.m. Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected b be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 22, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Meridian CYry Counal Meeting Agenda-July 11, 2t~06 Page 1 of 4 Ag mater~ls preserrted at publ"tc meetings sha0 become property of the City of Meridian. Anyone desiring axommodatian for disabilities related to doauneMS and/or hearing, Please oontaet the City Cleric's Office at 888.gg33 at leabt 48 hours prior to the public meeting, >~ TX CONFIRMATION REPORT ~ AS OF JUL 07 '0632 PRGE.01 CITY OF MERIDIAN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 01 07/07 1706 208 888 2682 EC-S 01' 23" 004 106 OK 02 07/07 1708 208 387 6393 EC-S 01'22" 004 106 OK 03 07/07 1709 RDR CTY DEUELMT EC-S 01'22" 004 106 OK 04 07/07 17 11 20B888S052 EC-S 01'22" 004 106 OK 05 07/07 17=13 LAKEUIEW GOLFC0IJ G3-S 02'41" 004 10G OK 06 07/0'7 17 17 IDRHO RTHLETIC C EC-S 01'22" 004 106 OK 07 07/07 17 19 ID PRESS TRIBUNE EC-S 01'22" 004 106 OK 09 07/07 17 24 PUBLIC WORKS EC-S 01'22" 004 106 OK 11 07/07 1727 FIRE DEPT EC-S 01'22" 004 106 OK 13 07/07 17 31 2088886701 EC-S 01'22" 004 106 OK ~IeQS~ {~s+ ~`zr Pur~uL N~ti~ ~-~~ ~~/VL~°~'1Ga~IG~7? ' N NNiU ,1~ vnm VµlA~ y~~i CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 11, 2006 at 7:00 p.m. Although the City of Meridian no longer requires stnrom testimony, al! presentations before the Mayorand Cily Council are expected fo be trutyiful and honest b best of the ability of the presenter. " 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adopfion of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 22, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval; AZ 06- 016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for Quar~rhorse Subdivision by M2 Land LLC - 710 Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Meridian Ciiy Couna7 Meeting Agenda -JuIY 11, 21108 Page 1 of 4 All materials presented at publ"ic meetd~gs shall become property of the City of Meridian. Anyone desiring aocommodaGan for d~sabiGties related to doa~rrnarts and/or hearing. please oor~tact the City Clerk's OfFice at 1388-4433 at least 48 hours prior to the public meeting. ~k~k TX CTION REPORT ~ RS OF JUL 10 '0b 1~ PAOE.01 CITY OF MERIDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDt# STgTUS 04 07/10 11:39 3810160 EC-S 02'23" 004 119 OK 05 07/10 1142 PUBLIC WORKS EC--S 01'22" 004 119 OK 06 07/10 1143 8848723 EC-S 01'23" 004 119 OK 0? 07/10 1145 IJRTER DEPT EC-S 01'23" 004 119 OK ~ 07/10 11 47 2088840744 EC-S 01'26" 004 119 OK 09 07/10 1149 POLICE DEPT EC-S 01'23" 004 119 OK 10 07/10 1151 8985501 EC-S 01'22" 004 119 OK 11 07/10 11:53 LIBRARY EC-S 01'23" 004 119 OK 12 07/10 1155 2083776449 EC-S 01'22" 004 119 OK 13 07/10 1157 3886924 EC--S 01'22" 004 119 OK 14 07/10 11:59 P-AND-Z EC-S 01'23" 004 119 OK 15 07/10 1201 FIRE DEPT EC-S 01'23" 004 119 OK 16 07/10 1203 2~ 888 2682 EC-S 01'24" 004 119 Ol< 17 07/10 12 05 208 387 6393 EC-S 01'22" 004 119 OK 18 07/10 1206 RDR CTY DEUELMT EC-S 01'23" 004 119 OK 19 07/10 12:08 2088885052 EC-S 01'23" 004 119 OK 20 07/10 12 10 LRKEVIEW ODLFCOU G3-S 02'42" 004 119 OK 21 07/10 12 14 POST OFFICE EC-S 02'24" 004 119 OK 22 07/10 1217 IDAI-10 RTM..ETIC C EC-S 01'22" 004 119 OK 23 07/10 1219 ID PRESS TRIBI.Q~IE EC-S 01'23" 004 119 OK 24 07/10 1221 2088886701 EC-S 01'22" 004 119 OK ,~ ~~ "TM°" ~ CITY COUNCIL REGULAR fi'Yl~lll? ~ MEETING AGENDA IUNiO ,/ C ~3 v City Council Chambers 33 Fist Idaho Avenue, Meridian, Idaho Tuesday, July 11, 2006 at 7:00 p.m. "Although fhe City of Meridian no longer requires sworn testimony, al! presentations before fhe Mayor and City Council are expected to be buthful and honest to best of the ability of the presenter. ° 1. Roll-call Attendance: Shaun Wardle Joe Borton Chadie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 2Z, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for fduarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Guarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Meridian City Couna7 Meeting Agerda - Juiy 11.2006 Page 1 of 4 All materials presented at public meetings shall Become property of the Cil)r of Meridian. Anyone desiring accommodation for d'usabrTities related to documents anf/or hearing, please rorneet the City Clerks OfAce at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting July 11, 2006 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Wednesday, July 11, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Gene Trakel, Ron Anderson, Len Grady, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, July 11th. It is ten minutes after 7:00. Thank you for your patience tonight. We appreciate it. I will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. If you will all rise and join us in the pledge of allegiance. (Pledge. of allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: De Weerd: Thank you. Item No. 3 is the community invocation. We will be led tonight by Pastor Shawn Ragan with the Church of God Seventh Day. If you will all join us in the invocation or take this as an opportunity for a moment of silence. Ragan: Madam Mayor, Members of the Council, thank you for the privilege of being here tonight. Shall we pray. Our most wonderful and Holy Father in Heaven we come before you this evening in thanks. We thank you for the country that we live in, whose birthday we recently celebrated. We thank you for the freedoms that we have and the freedom to assemble here this evening, the freedom to come before you in prayer. Your word says that to whom much is given much is expected. We have been given much in this country. Now, we turn to you to help us to live up to our end. Father, I pray for your blessings here in Meridian. I pray that you might give wisdom and guidance to our city leaders that they may govern according to your will. I pray you might give clear direction to your church in Meridian that we may be a beacon of hope and light. Lord, bless this meeting tonight. Be with our Mayor, our City Council, our Meridian City Council July 11, 2006 Page 2 of 64 police and fire departments and the other departments of our city. Father, I also pray that you would be with the various businesses, community organizations and all of the individual people who work so hard to make Meridian all that it is and all that you want it to be, in the name of your precious son Jesus Christ I pray, amen. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. We appreciate what you do personally, as well as what your church does. Okay. Item No. 4 is our adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda we need to pull Item H to the regular agenda and make it 7-H and on the regular agenda, Item No. 13, CPA 05-001 and Item 14, AZ 06-008, have been asked to be continued to July 25th, 2006. And with that -- and also Item No. 20, an ordinance for the reading of the impact free ordinance has been asked to be removed from the agenda and with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion to approve the agenda as changed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 22, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 06-008 Request for a Variance to maximum cul-de-sac length i ~ Meridian City Council July 11, 2006 Page 3 of 64 requirement for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 002 Request for a Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3~d Street: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C-G zone for Centrepointe Subdivision by Winston H. Moore -northwest corner of Ustick Road and Eagle Road: I. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-018 Request for Annexation and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density Residential) for Incline Village Subdivision by Incline Village, LLC -north side of Cherry Lane west of Black Cat Road: J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-016 Request for Preliminary Plat approval of 64 single-family residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Villaae Subdivision by Incline Village, LLC -north side of Cherry Lane west of Black Cat Road: K. Water Main Easement Agreement for Sunbelt Rental Building by Franklin / Stratford Investments: L. Contract for Installation of Linder Road PRV with Star Construction: M. SHP 06-005 Request for Short Plat Approval of Silverstone Sauare Condominiums Consisting of 22 Condominium Units on 2 Parcels of Ground on 2.32 acres in a C-G zone by Chris Anderson of Sundance Investments Limited Partnership: N. Agreement for Professional Serv-ices for a Proarammina Company to Set Up Online Services for Department with Matraex Application Proarammina: De Weerd: Is there anyone in the audience that are here for either of those items, Items 13 and 14? We apologize that -- staff, do they have a reason for their request to continue? Bird: They just got the staff report. • Meridian City Council July 11, 2006 Page 4 of 64 De Weerd: So, the request is to continue that to July 25th? Bird: Yes. De Weerd: We apologize for this inconvenience to the citizens who have come. It's hard to give testimony without an application. Again, we apologize. Canning: Madam Mayor, someone provided me with a CD. De Weerd: Is there anyone who is leaving the room that gave staff a CD? Okay. Will will find out. Bird: Madam Mayor? De Weerd: Yes. Bird: With that I'd move that we, on the Consent Agenda, we pull Item H to the regular - - make it 7-H and the rest of the items that we approve and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of H to seven. Any discussion? Roll call, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council President -Shaun Wardle 1. Discussion and Clarification of Downtown Streetscape Plan: De Weerd: The first item under Department Reports, I will turn this over to Councilman Wardle. Wardle: Thank you, Madam Mayor. We had a presentation yesterday in regard -- in conjunction with the Ada County Highway District in regards to our proposed streetscape plan by the Meridian Development Corporation. I wanted to take just a moment to ask if there are specific questions or comments from the City Council. The Meridian Development Corporation will be gathering information, will be discussing this next Wednesday at their regularly scheduled meeting, which is moved from tomorrow Meridian City Council July 11, 2006 Page 5 of 64 morning. So, if there are comments that I take back today or you can certainly a-mail those to myself or the administrator. Gorton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Shaun, I'd just remind them, which you probably already will, about what we heard from parks and what they have recently ordered as far as tree grates and installation to be done in the next couple of months and that corresponds to what MDC is doing and where and when and -- Wardle: Thank you. Madam Mayor, in addition to that, one of the things that the Meridian Development Corporation is considering how to fund those improvements. In partnership with all entities, the highway district, in addition to the landowners that will be redeveloping their properties and who will make payments for those improvements. Those are questions that are yet to be answered, but are important areas of discussion that we'd like to have some input on and will have future discussions on. De Weerd: I would appreciate the answer to who maintains it and I believe yesterday there was a question as to what can be allowed in the public right of way and so I guess I would like to get a schedule of how they are going about it once they collect the public comment on the plan itself, then, what are the next steps and how it goes through ACHD staff and commission, as well as our staff and our Council. Wardle: Thank you, Madam Mayor. I will take those comments back. One of the maintenance issues that's been at least initially discussed and has not really had any flushing out of an idea, but a conglomeration of downtown businesses -- a downtown business association of sorts and how those individuals and businesses together will function to see those improvements happen and maintenance. So those are very preliminary issues of discussion, but I'll take back all those comments. De Weerd: Certainly be a positive step forward with our downtown redevelopment. So, any further discussion from Council? Rountree: I have one. B. Planning Department 1. Discussion of Autumn Faire (Tricia's Crossing) Subdivision Pedestrian Pathway: De Weerd: Okay. Item 6-B. Planning. Canning: Madam Mayor, Members of the Council, an issue was brought to our attention regarding some pathway lots that were -- the plat -- well, let me back up. You Meridian City Council July 11, 2006 Page 6 of 64 have a memo to you from Sonya Waters and I will go through that briefly, because it's very complicated and if I don't go in the order that she had it I will probably get you more confused. Greg Corey came to us and he was concerned because he wasn't -- because it's a common lot at the rear of his property line, he is required to put a four foot solid or six foot open fence. So, he started doing a little more investigation and asking us about what the common lot was at the rear of his property and what it is is when Autumn Faire preliminary plat -- it was originally -- or it was recorded as Tricia's Crossing through the final plat process, so a 30 foot wide common area was created in this area here. Ten feet of it is on Tricia's Crossing Sub and 20 feet is on the Tricia's Crossing Sub No. 2 and 3. So, the ten feet to kind of the northerly section and, then, 20 feet on the other one. So, that runs along the Sky Pilot Drain, which is all through here and you can see how that feature goes through. This is our park. Season's Park. The development agreement for Autumn Faire Subdivision required the applicant to develop a minimum 30 foot wide pathway lot to be rough graded at the developer's expense. There is a note on the plat effected by the common area that says that these lots shall be dedicated to the City of Meridian for public pathways. They have not been conveyed to the city and they have not been developed as open space. They are, basically, just a weed patch at this point. There is also some other considerations. Part of that is an easement for the Sky Pilot Drain. There is a couple different solutions for this issue and those are detailed. There is -- one would be to allow Mr. Corey and the other property owners affected to construct the six foot tall solid fence adjacent to the common area through the variance process, which would solve their issue, but would not solve the unimproved common area issue. So, we'd still -- we'd just have six foot fences back there and a weed patch that the police department wouldn't be able to have any view of. There would be no view from the surround'ong properties, because there would be solid fences. The second alternative is to allow the homeowners association and the individual property owners to apply as a whole for a property boundary adjustment, effectively eliminating that common area lot. The third would be to require the homeowners association to transfer ownership of the common area to the city as originally required and the city would improve the common area and construct a pedestrian pathway as originally intended. So, those are, basically, the options. We don't currently have it. We would have to pursue acquiring the rights to develop that pathway. Originally our understanding from the Parks Department was that they weren't interested in developing a pathway. I think we misunderstood. It's just that they would not be interested taking over ownership and maintenance responsibilities until there was a connection. You can see there is a little easement here in a separate lot. This is the one remaining parcel. You would have this third -- you have a continuous easement all the way up to -- oops -- this property. This is held -- or was held by Hubble for the development and we -- it's logical to extend that along the Sky Pilot Drain. So, you would get a continuous pathway from about the half mile mark on Black Cat up to Ustick and, then, the Borup Park property is located nearby. Now, the Comprehensive Plan map shows amulti-use pathway kind of wiggling north-south through this area. It does not follow a natural feature, whereas this one would follow a natural feature. So, we are looking for some guidance from Council as to what you would like us to do at this point. De Weerd: Anna, that Borup property is off of Cherry. Meridian City Council July 11, 2006 Page 7 of 64 Canning: Oh, I'm sorry. I'm off a mile. Forgive me. De Weerd: All right. I thought maybe we were donated another park. Canning: You'd have to loop around a long way. Sorry about that. You're right. De Weerd: So, what is staffs recommendation? Canning: Well, it seems to me that there is not all that much -- this probably will redevelop. Most of these little things do. And we could get the rest of the easement at that time. These paths that follow a natural feature are pretty nice. I'd hate to see us give that up. We would need to make a commitment to go in and improve it, because it's not graded or anything at this point. De Weerd: And who's responsible for maintaining it? The city doesn't have ownership, so who is the responsible party? Canning: Currently the homeowners association owns the property. De Weerd: Okay. Canning: So, they are responsible for maintenance as the property owners. De Weerd: Council, questions for Anna? Borton: Madam Mayor? De Weerd: Yes. Borton: Anna, so is it -- it's a homeowner's association strip of property and the homeowners who are adjacent to the strip that's not being maintained, don't want to have their open fence next to the un-maintained strip? I mean is that what's going on? Canning: They don't want to have their fence next to a -- a not maintained strip. Borton: Okay. Madam Mayor? Can the homeowners association rally around themselves and levy a special assessment to maintain the strip that they own and are supposed to maintain? Canning: That would certainly seem reasonable. There is some question as to whether the city should own it at this point. So, regardless -- if you want the homeowners association to -- if you want it to stay there and you want the homeowners association to maintain it, they likely won't put a pathway in, but they would maintain it, then, the city probably needs to -- will still need to do a plat modification to take off the statement that says this is dedicated to the city, because it hasn't been. Meridian City Council ~ • July 11, 2006 Page 8 of 64 De Weerd: Mr. Nary. Canning: So, this -- obviously, we missed this at final plat stage. Nary: Madam Mayor, Members of the Council, I guess from a different perspective it was probably fortuitous that we missed this at the final plat stage, because no one was going to -- it appears that the homeowners association doesn't have any interest in developing this parcel. So, at this juncture it's not necessarily in the city's best interest for them to dedicate it to us. You can convey property by dedicating it on a final plat. They didn't do that. All they indicated on the final plat was that it was supposed to be dedicated at some point in the future. I'm assuming that at that juncture, which was probably six or seven years ago, they thought they'd develop it. Now, they appear they don't want to. The adjacent property owners don't necessarily want them to either, they would like to simply move their property boundaries ten feet further over and put up a six foot fence. That would be their preference. At this juncture on the possible solutions in Mrs. Waters' memo, number two seems to be in the city's best interest. We currently don't own it, unless -- and I think that's the direction we are asking, if it's not in the interest of the city to develop it, it appears it's not in the homeowners association's desire to develop it and we can't make them development it at this juncture, since it wasn't caught earlier. So, if we don't -- we either take it over and maintain it and develop it, which they probably would be fine with, or we tell them we are no longer interested either and it's their problem to deal with. Number three or four are probably not in the city's interest at this juncture for them to dedicate it to the city and if our interest for the city is to get rid of it, we would have to go through a much more complicated process to get rid of it, whether it's to give i~t back to the homeowners or whatever, to sell it or auction it or whatever is, certainly, as you all know, way more complicated than we need to right now. It appears the adjacent property owners, in their discussion with their homeowners association there appears to be some movement to want to allow that to be taken over. I think what Mrs. Canning is saying is we are going to lose a pathway opportunity there, but it's been six or seven years and nobody has had an interest to develop it, unless we do it, it's not going to get done anyway. So, I think that's the direction we are asking from you folks is what would you like us to do. De Weerd: Doug, do you have anything you want to add? I know your department and planning are just initiating a master pathway planning process. Would this pathway -- I guess can you answer the question now or do you need to wait until you're into the pathway study to know if this is something that would be an amenity to the city? Strong: Madam Mayor, Members of the Council, I think that probably your latter statement is -- makes the most sense, is to see what our master pathway plan study discovers. As Anna has pointed out, though, it is a natural connection or feature and when the property develops to the west it would give us further pathway connection onto the -- onto the west and northwest. But there is that one property that will sooner or later redevelop and it would allow a natural connection out to Black Cat. We have Meridian City Council • July 11, 2006 Page 9 of 64 the portion of the pathway that -- this works? Right -- it goes along the back side of the park. This is all in and maintained currently as part of Season's Park. If we -- if the city was to acquire this section through here, even though it doesn't connect on out at this point and develop it, it wouldn't -- we typically don't accept sections of pathway that don't connect from street to street, but it would -- that's because they are kind of isolated around the different parts of town. This particular one, because of its proximity to Season's Park, would not be that difficult to maintain, because we would just cross the street and take care of it. So, we would be, I guess, bargaining on eventually that that rural piece redeveloping and being able to connect on out to Black Cat. De Weerd: Mr. Nary, I guess my question would be can -- does this decision have to be made today? Can it be made so that it is in conjunction with a master plan? I guess more immediate would be is the homeowners association going to take care of the weeds, because I think that's what initiated this whole issue. Nary: Madam Mayor, certainly there is no obligation to make the decision today. You have one anxious properly owner that wants to know whether he needs to build a four foot fence or a six foot fence and that's something that's driving his concern is what's he able to do and not incur the expense of building one fence and, then, tearing it down and building another one. There certainly is no urgency other than that. But I don't think anything else is driving that decision. Yeah, the homeowners association -- I think according to Mrs. Waters' memo from the -- for Mr. Corey, the homeowners didn't realize they owned it, that's why they weren't maintaining the weeds. Now, that they maybe realize they own it, they are obligated to maintain the weeds, so that may not be as significant an issue. But that is a concern to Mr. Corey, it's just that he's building his house, he hasn't been able to occupy it yet, he's almost done with it, he's working on the rear of his yard and he doesn't want to build his fence twice, so -- De Weerd: That's understandable. Okay. Council, what is your direction on this? Rountree: Madam Mayor, I don't hear a lot of interest on the part of the city for this particular area. I think the adjacent property owner's concerns about the fence is going to be further complicated by the fact that there is an irrigation company involved and his troubles have just started. It may say it's a pathway on the plat, but it's not, so I don't know whether our ordinance comes into play or not in this particular situation. It seems to me he could build whatever fence we wanted on his lot and the issue of what's there in terms of weeds and maintenance is an issue between the homeowners association and the irrigation company, who has an easement for probably a good portion of this property. I'm not sure there is a decision we can reach, other than we want to take it on and put it in our master plan for parkways. Beyond that I don't know where the city has any involvement. Canning: That is the -- that's the question we are asking, is do you want us to pursue getting a pathway there or do you want to let the homeowners go forward with property boundary adjustments. They do need -- they are regulated, because -- on their fences, Meridian City Council ~ • July 11, 2006 Page 10 of 64 because it is a common lot, regardless -- it's a homeowner's association common lot and that's what the code refers to. Rountree: Okay. Gorton: Madam Mayor? De Weerd: Mr. Borton. Borton: It seems that the consensus may be to direct the property owners to begin work on a lot line adjustment. The city's not terribly interested in obtaining it and utilizing it as a pathway. De Weerd: I don't know. I guess I heard both Anna and Doug say that it is of interest, possibly. I would like to see how it would fit into a plan, but, you know -- yes, Mr. Wardle. Wardle: Madam Mayor, I was just going to agree with Mr. Rountree in that -- to clarify, Anna, are we -- are we just specifically -- Director Strong indicated that the portion to the -- I guess west of the space side was currently maintained, is that correct, as part of the park? Canning: Yes. Wardle: Okay. So, we are really only talking about the portion to the west -- or the east? Canning: Well, there is this -- this section to the north is not maintained as far as I know. Not passed the park boundary. So, it's maintained to this boundary right here. So, this is -- this is not maintained and this section here is not maintained. Wardle: Madam Mayor, just a follow up. I guess my interest would be to let the homeowners solve the situation, not to -- obviously, it wasn't dedicated to the city and wasn't built as a pathway at the current time, so that's my -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would agree with Councilman Wardle a hundred percent. Let them battle it out. I'm like you, I would like to see a pathway out there, but I think we are getting into a can of worms that we might be sort sorry we got into. De Weerd: Okay. Bird: Let them get their battle over with. Meridian City Council • • July 11, 2006 Page 11 of 64 De Weerd: All right. I guess it is an opportunity, if this is a desired area for a pathway, and so, staff, if you feel strongly about it, now is the time, otherwise, it sounds like it's not a fight this Council is interested in. Was that an appropriate summary? Strong: Madam Mayor, Members of the Council, I'm real mixed on saying that this is something we should pursue, because there is so much uncertainty about when the rural property would be redeveloped and what's going to happen to the west. I think -- the only comment is it is a natural feature that we typically try to have pathways follow along. You can -- in the future, if there was a connection that went on to the west and north, say that there was a school that was built up in that -- that area that's future development and it became a natural corridor to get to school, you could still connect through coming into Season's Park and connect onto the west from Season's Park if we didn't connect this one little piece of pathway from Black Cat in. So, it wouldn't prevent that potential pathway development onto the north and west in the future, if that -- if that's where the development goes, so -- De Weerd: So, at this point would you at least give up the piece from Black Cat to the park and be interested in pursuing from the park onto the Nest and the north? Strong: I think so. And I think by that time we will have a master pathway plan update that would clarify -- like Anna said, on the land use map now, the multi-purpose pathway kind of meanders north and south just to the west of here. So, we would need to redefine, probably, where that multi-use pathway is going to be. De Weerd: Mr. Nary, I guess if Council would consider that as an option, can you split that and work with the homeowners association to say just from whatever that one street is -- Dawson? To the west, that that piece would be of interest as a pathway. Nary: Madam Mayor, Members of the Council, since it's noted on the -- even though it's just a note on the plat currently, we could certainly contact the homeowners association and indicate where the city's interest lies and that if the city is not interested in the eastern portion of that potential dedication and only the western portion of it, we can certainly indicate that to them and ask that the western portion part be done whenever -- you know, we can deal with it when the pathway plan is completed. I don't see a problem with that. De Weerd: It's just another option to consider, Council. Now, if I have succeeded in making it more complicated, I do apologize. Rountree: Madam Mayor, I still have some questions as it relates to the park and the piece that's in the park. Was that ever deeded to the city? Is that a separate common lot from Dayside to the west? Canning: From this map it appears to be one. I didn't bring all the final plats with me. We can check that, but I believe the park is just -- their ownership goes here. And I Meridian City Council July 11, 2006 Page 12 of 64 think they had -- my memory of the transfer of ownership of this was that it didn't go all that easily. I don't know if it was done as a lot and a block in a recorded sub or not, so I'm not sure who -- my understanding was the homeowners association still maintained ownership of this strip from the park to the north. Rountree: Madam Mayor, might I suggest that we ask staff to clarify the issue as this parcel relates to the park and the lot descriptions and bring it back for action and if, in fact, there is a desire to utilize that portion to the west, that they at least include some concepts of how that might fit in with the master plan. Bird: Is that a motion? Rountree: And I will make that a motion. Bird: I will second it. De Weerd: Okay. I have a motion and a second requesting information -- at what time? Rountree: Tomorrow. Tomorrow morning. The 25th or -- Canning: Okay. But the portion of how to incorporate it into the master plan -- I don't think the master plan is going to be done until December or January. Rountree: The motion was not to include it in the master plan, but a concept of how it might fit with the master plan. Canning: Okay. De Weerd: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: H. Findings of Fact and Conclusions of Law for Approval: VAR 06-013 Request for Variance to UDC 11-36-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone for Centreaointe Subdivision by Winston H. Moore -northwest corner of Ustick Road and Eagle Road: De Weerd: Okay. Item H was pulled from the Consent Agenda. And Anna -- I'm sorry seven. Item 7-H. Bird: Madam Mayor? Meridian City Council ~ • July 11, 2006 Page 13 of 64 De Weerd: Yes, Mr. Bird. Bird: This was asked to be pulled, so that we could vote on it individually, because of Councilman Rountree would prefer to not vote on this because of the location. De Weerd: Okay. Bird: Which he had abstained from the others. That's the reason it was asked to be pulled from the Consent. De Weerd: Thank you, Mr. Bird. Do I have a motion? Bird: I would make a motion that we approve PP 06-020. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item H, 7-H. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 8: Request by Larrv and Judy Kellen to Waive Fees for a Conditional Use Permit - 403 E. 2" Street: De Weerd: Okay. Item 8 is a request to waive fees. Mr. Nary or Mrs. Canning -- or do we just give it to the applicant? Nary: Madam Mayor -- Kelley: Good evening, Madam Mayor, Council, and staff. This is my husband Larry, I'm Judy Kelley and we live at 403 2nd Street in Meridian. He's passing out some information to you about where we live, the pictures of our small canvas garage, and the paper that was given to us by the board of council at the city hall -- the building. We live at 403 2nd Street in old town Meridian and several years ago we decided to put up a canvas garage at our house to house our '57 Chevy. At that time I asked the building department if we needed a building permit and I was told that we did not need one for a small canvas building. We were told, however, that it should be back behind any sidewalk allowance in case sidewalks were put into our area. We made sure -- Canning: Madam Mayor -- ma'am, I'm sorry, but -- Madam Mayor, Council -- or Counselor Nary this sounds like testimony for a Public Hearing. Nary: Madam Mayor -- thank you, Mrs. Canning. All that you're being requested -- and I tried to interject before Mrs. Kelley started. If Mrs. Canning can give you just a brief Meridian City Council ~ r July 11, 2006 Page 14 of 64 statement as to why they need -- what they are asking for and, then, all we can hear tonight is a request to waive the fee. Kelley: Okay. Nary: Not the reasons for what the CUP might be needed or not needed or the background. Kelley: Okay. Nary: But I just wanted Mrs. Canning to just give you just a little bit of why they are even here and, then, the discussion is only over the fee -- Kelley: Oh. Okay. Nary: -- and whether or not to pay that. Canning: And, I'm sorry, I tried to communicate that to you before and I know it's difficult to separate that out, so I apologize. This is a -- this is a result of code enforcement -- a complaint by a neighbor and, then, code enforcement follow up. So, we -- the structure in question requires conditional use approval, because it can°t meet the design guidelines. So, they are asking for a waiver o~f that fee. The structure has been in place for a number of years. Kelley: And we did follow everything that we were given when we applied at the zoning and you will notice on the last page, we do not have to have a building permit, because it does not exceed 200 feet -- square feet -- Nary: Okay, ma'am, that's way more information than we need. Sorry. A Conditional Use Permit is required, because, as Mrs. Canning stated, it is in Old Town, requires a Conditional Use Permit. The fee is almost 1,100 dollars, which certainly fits more in a commercial setting or a different -- a larger setting. This is, really, for a canvas structure to house a vehicle. Kelley: Right. Nary: This isn't for the underlying reason of whether to allow it, just on whether or not the fee is -- can be waived in relation to these applicants. Kelley: Also, when we got our planning development application for the little Conditional Use Permit, it seems to be more for a new construction than an existing construction, so we weren't sure how to even fill that out. De Weerd: That's the next step in this process. The first step is if Council would consider waiving the fee -- Meridian City Council • • July 11, 2006 Page 15 of 64 Kelley: Okay. De Weerd: -- and I think with that introduction from Mrs. Canning, do you have anything you would like to add as to why Council should consider the fee waiver? Kelley: Well, I think a 1,100 dollar fee fora 190 dollar garage that's made out of canvas that has no floor is a little bit outlandish. And we, as basically almost retired, and it's been there several years and we have been on the property since 1972, I can't see that that's a reasonable fee for a small little canvas garage. De Weerd: Thank you. Council, do you have. any questions for the applicant? Do you need additional information? Rountree: I don't. Bird: I don't either. De Weerd: Okay. Bird: When I went to the Planning and Zoning, I was told to go downstairs and get a building permit and, then, when I went downstairs they said I didn't need one, to go back upstairs and tell them I didn't need one, so he walked me back upstairs and we had about an hour discussion and they said, well, I really don't think you need one, but since you were tagged, we need to go through the proper procedures. De Weerd: We always find it first. Kelley: Exactly. De Weerd: For you, too. Okay. Council, this is for your consideration. What would you like to do? Borton: Madam Mayor? De Weerd: Mr. Gorton. Gorton: From my perspective, in light of Mrs. Kelley's comments and the hardship of the fee imposed upon her and her explanation of what's taken place, I, for one, don't have a problem with granting her request -- Mrs. Kelley's request to waive the fee for the Conditional Use Permit. Bird: Is that a motion? Borton: That's -- so moved. Bird: Second. Meridian City Council July 11, 2006 Page 16 of 64 De Weerd: Okay. I have a motion and a second to waive the fee as requested. Is there any discussion? I'm sorry. If there is no -- Rountree: Madam Mayor, just to point out, that the fee is not punitive, the fee is the cost to get this to a hearing for a Conditional Use Permit. So, staff time, official notices in newspapers, which are not cheap and those sorts of things. So, just so folks know what the fees are all about. Kelley: My little canvas garage has to have a Public Hearing? Oh, my word. Rountree: Unfortunately, yes. So, anyway, I just wanted folks to know that it's not a punitive thing, it's the cost of doing business. De Weerd: Okay. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Kelley: So, what does that mean? De Weerd: Your request is granted. Kelley: Oh, thank you very much. Appreciate that. De Weerd: Thank you. Okay. Item -- Wardle: Madam Mayor, if you can just clarify for the applicant, the only thing that was granted was the waiver. Thank you. Item 9: Tabled from June 27, 2006: FP 06-027 Final Plat approval for 74 residential building lots and 5 common lots on 16.47 acres in an R-8 zone for Ambercreek Subdivision No. 2 by Dyver Development, LLC -south of McMillan Road and west of Meridian Road: De Weerd: Thank you for that. It's always good to clarify; right? Thank you. Okay. Item No. 9 is tabled from June 27th on FP 06-027. I will ask staff for comments. Canning: Madam Mayor, the applicant asked to continue this to the 25th. Bird: The final plat? That wasn't one of them. Canning: Yes. Somehow I mistyped it to the 18th on your cheat sheet, but it should be the 25th. Meridian City Council ~ • July 11, 2006 Page 17 of 64 De Weerd: On our cheat sheet? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we continue Item 9 to July 25th. Borton: Second. De Weerd: Okay. I have a motion to continue Item No. 9 to July 25th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: FP 06-028 Request for Final Plat approval for 27 single-family residential building lots and 2 common /open lots on 7.92 acres in an R-8 zone for Settlement Bridge Subdivision No. 6 by Capital Development - 2205 E. McMillan Road and 2251 E. McMillan Road: De Weerd: Item 10 is FP 06-028. I will ask for staff comments. Canning: Madam Mayor, we are -- have a letter from the applicant stating they are agreement with the written conditions of approval and the applicant is not here tonight, but asks that you approve the final plat. There are no outstanding conditions -- or issues. De Weerd: Thank you, Anna. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 06-028, final plat. Wardle: Second. Canning: Okay. I have a motion to approve Item 10. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: FP 06-030 Request for Final Plat approval for 88 single-family residential building lots and 9 common lots on 29.7 acres in an R-4 zone for Meridian City Council ~ • July 11, 2006 Page 18 of 64 Madelynn Estates (f.k.a. Basin Creek) by Pacific Landmark Development - 5603 N. Locust Grove Road: De Weerd: Okay. Item 11 is FP 06-030 regards to those final plats? Staff, are there any items on 11 or 12 in Canning: Yes, ma'am, there are. De Weerd: Okay. Item 11. Canning: Madam Mayor, Members of the Council, this is Madelynn Estates, formerly known as Basin Creek. This layout is not the current layout. Here is the preliminary plat. Let me point out a couple features. There are landscape islands in the middle of these longer street sections to break those up and, also, if you can see this park-like -- park here has a straight line going north-south. We prepared the final plat staff report. One of the conditions is that there not be any trees in these islands and there are -- there are some smaller Islands now, too, in the cul-de-sacs, that there not be any trees in them, that the sewer lines can go under them and water, but you can't have any manholes in them or valves and that if this -- if the pipes do go underneath them, that there can't be trees. So, the applicant's response was that they would take these roundabouts out or these traffic calming islands out to accommodate that condition. That was part of their proposed open space in the preliminary plat. So, we started looking at what kind of numbers they would have to do if Council decided that that was still consistent with the approved preliminary plat, which, to me, those roundabouts create a very different feel on that road than would occur with them not being there. So, we started counting up open space and it wasn't until that time that we realized that they had also shifted the park line and the park is 3,000 square feet less in open space than it should be. We are very strict on these final plats, that they come in with the amount of open space that they showed on the preliminary plat or more, never less. So, it got on the agenda. This issue didn't come up until about an hour ago with this particular lot. We tried to call the applicant, we were unsuccessful. I still haven't seen Mrs. -- oh, you're here to -- okay. We were expecting Ashley. So, I wasn't sure, so -- hadn't had an opportunity to talk to them. So, this Council may just decide to hold this over for a week, so we can work with the applicant, but since it's on the agenda I thought I should inform you of the issues at this point, whether you want to move forward with it tonight or kick it back for a week is your decision. De Weerd: Okay. Since the applicant is here, Council, shall we hear from the applicant? If you will, please, state your name and address for the record. Morgan: My name is Ryan Morgan with WRG Design. Our office is located at 453 South Fitness Place, Eagle, Idaho. 83616. De Weerd: Thank you. Meridian City Council ~ • July 11, 2006 Page 19 of 64 Morgan: Madam Mayor, Members of the Council, it is true that we would like to eliminate those traffic circles, as pointed out, this one and this one, and it is due not only to the fact that there is considerable cost to route -- the sewer lines currently run under them with manholes located in this position and a manhole located in that position. To route around those islands we would have to put a manhole here, a manhole here, a manhole here, and, then, a manhole here to connect the sewer that comes out this way, requiring, then, four manholes, as opposed to one manhole, at a considerable cost to our client and, therefore, we would like to eliminate those, because we are not allowed to have any manholes inside those landscape islands. In addition to that, ACHD has requested considerable revisions to those landscape islands, because it falls under their roundabout, which we, then, have to reduce the lots in the corners. This lot, this lot, and, then, the lots that would appear here, here, and, then, these lots, in addition, because the roundabout that they requested would take up considerable more land or we could reduce those traffic circles even farther, so it no longer becomes a roundabout, therefore, effectively reducing our landscaping, as opposed to just completely eliminating it. The other issue that has come up is part of ACHD requirements. The landscape island here and in the other two cul-de-sacs, have increased in size, therefore, counteracting not all, but some of the landscaping that we have reduced or eliminated. So, due to these issues and, like I said, the comments that we have received from ACRD in regards to these, that is why we are proceeding and would request that we proceed with the final plat and eliminate those traffic calming devices that ACHD considers roundabouts. De Weerd: Was there another issue that you had brought up? The park piece? Morgan: The reason for that is there is an existing home that is located on this properly here and they have a fence and a deck that sits here and we did not have a complete topo at the time that the preliminary plat was done and for that reason that fence actually sits -- the existing fence and the deck sit closer to this -- the original property line that we had originally anticipated and in order to not pose any hardships and there is a daylight basement also that is -- comes underneath this deck and to reduce the impact to this existing home, we had to adjust the property line. Otherwise, there would be some considerable drainage from this park that would end up in the private residence and that is something that, typically, is not allowed, that you drain from a public property onto a private property. De Weerd: Well, it appears there is significant discussion that you need to have with staff before Council decides on this plat. Bird: Madam Mayor? De Weerd: Yes. Bird: My opinion is, as one Councilman, is he either goes -- he goes back to staff and gets this rectified or I can vote to deny it right now. There is a significant change from Meridian City Council ~ • July 11, 2006 Page 20 of 64 the preliminary plat and I -- then, I think he needs to go in and get this lined out with the staff. De Weerd: Yeah. I don't remember where we have seen a reduction in open space, so -- it looks like there is some work -- if you would just work with staff on that, we can continue this matter and Council can address it at that time. Morgan I would like to point out that we are still quite a bit over the open space requirements as required by the city code, that we have not reduced below that amount. And the overall percentage -- we were proposing 10.8 percent and this has reduced it to 10.6. So, the overall percentage is actually rather minimal. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't disagree with Councilman Bird. I think there is -- it's time to go talk to staff. I don't know at what point after you made the decision to move that lot line on the open space did you contact staff? If mean if they found it an hour ago, was there a communication about where you made known that that change was being made? Morgan: That communication would have come from Ashley Ford of our office and I do not know if that communication was made or not. The issues with the traffic circles we did not come about until last week and I do know that that communication was made as of Friday. De Weerd: Okay. Anna, what is the appropriate time to bring this back? Canning: We could just set it over for a week for now and, usually, these issues are fairly easy to resolve. I'm a little bit at a quandary, because, to me, removing the traffic circles, I would normally not call that consistent with the preliminary plat. So, I will proceed that way unless you tell me otherwise. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree. De Weerd: Okay. Thank you. Bird: I do, too. Rountree: Madam Mayor and Anna, it would seem to me that each one of those traffic circles impacts a minimum four lots, that the lot lines are going to have to be redrawn Meridian City Council July 11, 2006 Page 21 of 64 and legal descriptions rerun. This is a final plat, so that stuff should be taken care of before we act on it. Canning: Two weeks might be more appropriate. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I move that we table Item No. 11, FP 06-030 until July 25th, 2006. Rountree: Second. De Weerd: Okay. I have a motion to continue Item 11 to July 25th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: FP 06-029 Request for Final Plat approval for 62 single-family residential building lots and 3 common lots on 13.1 acres in an R-8 zone for Irvine Subdivision No. 1 by Dyver Development, LLC -SEC of Ten Mile Road and Chinden Boulevard: De Weerd: Item 12 is FP 06-029. I will start this with staff comments. Canning: Madam Mayor, before -- you know, I kept on thinking next week was the 25th. So, on Ambercreek when I said to continue it one week to the 25th, that's what was going on there. The applicant did ask just for the 18th. I think they have all the issues resolved on Ambercreek and I apologize for my blond moment there. De Weerd: Okay. After this item we will ask staff to consider a new motion. Canning: All right. We are on Irvine now. De Weerd: And don't blame it on being blond. Canning: You have told me that before. Okay. I'll try and remember it. Madam Mayor, Members of the Council, the last final plat on the agenda tonight is for Irvine Subdivision. We do have a letter from the applicant stating they are in agreement with the conditions of approval, so on the -- as far as the city and the applicant are concerned, we are in agreement. We have had communication with one of the neighbors. This isn't a Public Hearing, but Mr. Stevenson is in the audience and I know he would like to speak to some of these issues. We have been communicating with him frequently on the outstanding issues, so I raise that as an item, but our concerns are addressed. Meridian City Council July 11, 2006 Page 22 of 64 De Weerd: Okay. Council, would you like to hear from Mr. Stevenson? Bird: Sure. Rountree: Certainly. De Weerd: Okay. Thank you. If you will, please, state your name and address for the record. Stevenson: Jerry Stevenson. 6040 North Ten Mile Road, Meridian. De Weerd: Thank you. Stevenson: Madam Mayor and Council Members, one of my issues primarily is -- that I'm going to address right now is the irrigation, because it's been kind of one of the major issues we have had on this continuance from the Silverleaf Subdivision, but I'm just going to comment, basically -- and I don't know if there is a plan on the -- for the irrigation on the site plan at all -- Canning: Just that. Stevenson: Is that the largest one? Okay. Basically, on my -- I just need to make sure it's documented. I don't know if Kevin Amar -- anybody from his staff is here, but I have -- through this whole process I have been getting some -- a lot of, I guess, promises, but, then, when we -- they get kind of little case of amnesia and things that are forgotten about. So, they have, actually, installed a -- just a one inch line that was just going to be used for the south of my driveway. It's on the very southeastern corner of my property and on these site plans there is no mention of that or there is no documentation or anything of that and I want to make sure that that does stay point -- stay put where it is. So, I just -- for the documentation purposes -- De Weerd: Mr. Stevenson, are you the property to the south and -- yeah, there you go. Okay. Thank you. Rountree: You broke it. De Weerd: Oh, Charlie. Stevenson: On lot number one -- I don't know if you can see on the very bottom left- hand corner, there is -- on number one on the very bottom left-hand corner, that's where the one inch line is right now and they did finally get it installed in on the Silverleaf main line and, you know, I don't have a problem with them moving where they actually ended up bringing it, but I just want to make sure that I still have service at that particular point and that they don't do away with that. And, then, there was -- they did actually put in the irrigation -- a six inch line, actually, at the northwest corner where there has always been previous access. The ongoing issue with this applicant is the fact that when he Meridian City Council July 11, 2006 Page 23 of 64 put in the main line to Silverleaf, which borders the -- on the right-hand side of the map, that borderline on the east side, he did not leave access to irrigation water that I had previously had access to and so that's where the current status is with that particular issue. But as I understand, that's not -- that's, I guess, a civil matter or a misdemeanor on his part. So, anyway, that's an ongoing situation. The other thing I did notice on these last set of plans is that street that is stubbed into the back of my property -- we are back again down to Lot No. 1. It looks to me like that fence stops and there is no fence where that street ends and there is just one of those blockade signs. And because I have livestock on the other side there, I would like to make that a continual fence, so that it's consistent with the rest of that fence and solid and the purpose is to keep any kids and try to discourage anything -- anybody from, you know, poking things through, you know, another fence that's not a solid fence there currently. So, that's my request there. Those are the only things I really see, you know, at this particular point. I could go on for two days if you would let me, but -- but those are the critical issues I see right there. I forgot to bring my notes that I actually sent, but I believe that covers my important items that I have. De Weerd: Anna, are those comments covered in staff comments? Canning: Yes, ma'am, they are. And, Mr. Stevenson, I don't know if you were aware, but we sent afollow-up a-mail at 1:47. You may not have received it yet and I apologize for that, but Sonya Waters and Mike Cole did address thus issue. The landscape plan does currently show a solid six foot fence along there. It doesn't appear to stop at that and we can make that known to Mr. Amar. It's easier and cheaper for them to run it straight across than it will be to do anything else, so I don't think that will be a problem. With regard to the water rights, the reason that staff is indurating that it's not an issue of our concern right now is that that ditch was actually eradicated sometime ago, so we are not sure of the water rights issues and what water rights remain. So, there was not an active one when this -- at this time. And with regard to the one inch irrigation service, that was part of the Silverleaf Subdivision, not part of the Irvine Subdivision, so it really wouldn't be appropriate to put it on this final plat. As far as we know that service is remaining, so we -- there is no reason to think that it wouldn't at this point. The final issue was just a code enforcement and we did notify code enforcement, so -- De Weerd: Thank you. Stevenson: Thank you. De Weerd: Council? It sounds like staff has worked the issues that were brought up into conditions of approval on the final plat where we have some authority to do so and it sounds like the other issues are civil issues. Okay. Council, I would appreciate a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council July 11, 2006 Page 24 of 64 Wardle: I move we approve Item 12, FP 06-029. Borton: Second. De Weerd: Okay. We have a motion to approve Item No. 12. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Tabled from June 27, 2006: FP 06-027 Final Plat approval for 74 residential building lots and 5 common lots on 16.47 acres in an R-8 zone for Ambercreek Subdivision No. 2 by Dyver Development, LLC -south of McMillan Road and west of Meridian Road: De Weerd: Thank you. Item 9, I would consider a new motion of continuing to a different date. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: As the maker of that motion, I move that we continue Item 9 to July 18th. Borton: Second. De Weerd: Okay. I have a motion and a second to continue Item 9 to the 18th of July. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from May 2, 2006: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast corners of South Eagle Road and Victory Road: Item 14: Public Hearing: AZ 06-008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C-C and L-O zones for South Eagle and Victory Road Proaerty Owners Alliance Annexatuon by the South Eagle and Victory Road Property Owners Alliance -east side of South Eagle Road on both the north and south sides of Victory Road: Meridian City Council • • July 11, 2006 Page 25 of 64 De Weerd: Okay. Items 13 and 14 were requested to continue to July 25th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Have you opened the -- are you opening the public hearings now? De Weerd: These were continued, so -- Bird: The one was. The other isn't. De Weerd: Okay. I will open both Items 13 and 14, both the continued and the new Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue the public hearings for CPA 05-001 and AZ 06-008, to July 25th, 2006. Rountree: Second. De Weerd: Okay. Motion to continue Items 13 and 14 to July 25th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres), TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) for Tanana Valley Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast corner of Meridian Road and Victory Road: Item 16: Public Hearing: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Valley Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast corner of Meridian Road and Victory Road: De Weerd: Items 15 and 16 are public hearings on AZ 06-015 and PP 06-013. I will open these two public hearings with staff comments. Meridian City Council ~ • July 11, 2006 Page 26 of 64 Canning: Madam Mayor, Members of the Council, this is the -- let's see if I can get it right. I think it's Tanana Valley project. It's not Tanana. That's all I know. It doesn't rhyme with banana. And so the applicant will have to give me the correct pronunciation for that. It is -- it's located -- here we go. At the corner of Meridian and Victory and it includes several parcels, but it also has some -- several -- or a few out parcels. This is one out parcel. This is the second out parcel. And this is -- the grange is kind of the third out parcel. It does incorporate these two. Reflection Ridge Subdivision is just south of there. You may recall. This gives you a little better idea of the platting activity that we have had. This is the Tanana project and, then, this is Reflection Ridge down here. De Weerd: So, Anna, what is your name? Canning: Anna. I figure I need a lot here, so I can have more A's and N's in my address, so -- okay. This is the site plan. Let's see what we have got. We have got an annexation and zoning applicant and preliminary plat. The annexation and zoning is for R-8 for the majority of the project. TN-R for a portion. This is shown on the Comprehensive Plan as a neighborhood center, so this would be the TN-R portion here. And a C-N portion for this commercial lot right there at the entrance. It is 182.6 acres. The preliminary plat approval would be for 548 single family residential lots. The one commercial lot. One school lot. And 20 common lots on 177.94 acres. And as far as the R-8 zone goes, there is 178 acres. The TN-R there is 10.42 acres. And the C-N -- oh, Ihave got 10.42 again. Probably one of those is wrong. I apologize for that. Can't do the math in my head. The gross residential density is 3.09 units per acre. So, that leaves an average lot size in the development of 8,750 square feet. There are about 24 acres of the site being set aside for open space and that would be 13.5 percent. So, let me give you a brief tour of the property. You have a collector road coming in off of Victory that comes and crosses the Ridenbaugh and to the southern portion of the property -- this does start to get some slope in here. You have the existing home. We do -- we did require them to stub the cul-de-sac to the existing home, so that it could eventually not take access from Meridian Road. You have an entry street, a collector street, coming in at the half mile from Meridian Road and it's in the same location as Rumple Lane. We did require that the -- or we did ask the developer to go out and get - - purchase the property that Rumple Lane sits on, so that we can take care of the issue of, basically, making Rumple Lane go away and he's solved that problem. And, then, the road now would come in and it would T. This southern portion would go into Reflection Ridge and, then, the other portion would come into this project. And you have two -- two entrances to the project from there. You have a large central park -- oh, no, that's not a park. There is a house on it still. Someone -- it's a very large house on that lot right now. And, then, you have the alley-loaded portion here. The school would take access basically in this area. The applicant has made almost all the modifications requested of staff and the Planning and Zoning Commission and that's represented in this site plan that you see tonight. There were some things that were kind of new. One of the things was a stub to this street, to this out parcel, and they reconfigured this corner here. They had -- let's see if I have a better one than that one. If this street continues along, it would come into the school site there, but we are a little concerned Meridian City Council ~ • July 11, 2006 Page 27 of 64 that this corner that's left for the school may not be very usable back here. The former layout kind of stopped the lots, really, in this area. So, they have kind of bumped out this one lot. I usually don't go into that detail, but this did happen after the Planning and Zoning Commission, so I wanted to bring it up. Okay. Moving on. There is no details yet on the 3.94 acres of the commercial. That will come at a latter time. There are provisions that it needs to comply with the C-N zoning. We do require a landscape buffer adjoining the residential in that area and there was also a pathway connection. You know, I went through and fixed these and, then, somebody burned the wrong copy onto this thumb drive, so -- now I can't find the commercial one. That's not commercial. There it is. Thank you. This is rotated. So, this is Victory Road. This is Meridian Road. So, there is a -- there is a pathway connection there now. It's right there. They also added an emergency access out to Victory Road for the fire department in that location. So, again, they have addressed most of the concerns. There are a lot of kind of site specific provisions in the development agreement. I'll go through them quickly. One was that the C-N area -- all future uses comply with the C-N zoning. That the applicant agrees to construct and provide for the maintenance of the 20 foot wide land use buffer between the C-N and the residential zoning. That the applicant agrees to annex the Rumple Lane property, include it within the boundary of the concurrent subdivision. That except for emergency access as required by the fre department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. That one public street access will be allowed to Meridian Road located one half mile south of Victory Road. Direct lot access to Meridian Road shall be prohibited. That the applicant should construct sidewalk adjacent to the out parcel on Victory Road and adjacent to the out parcel on Meridian Road. I had those backwards. Victory Road and Meridian Road. And, then, a note that if the construction and easement for the pathway is not allowed in writing by the owner of the out parcel, the applicant agrees to bond or provide another city-approved method for providing assurance that the pathway improvements in that area are constructed. I hope that makes sense. So, we have gotten a commitment that they will go talk to those folks and see if they can construct a pathway, so that we can complete those pathways. If they are not able to -- and they have something in writing saying I won't let them build a pathway on my property, then, we will try and find some other way of having that happen in the future. And the applicant agrees to construct amulti-use pathway through the site from the southeast corner to Meridian Road and that the city has accepted the applicant's proposal to construct a pool within this development. And, finally, that a maximum of 548 single family lots shall be platted on the property. The Commission did recommend approval at their June 1st hearing. Justin Martin spoke in favor of the application. Lorelei Smith, Russell Chaney, Mert Logue and Lisa Sullivan spoke in opposition and no one commented. The key issues of discussion by the Commission were the dedication of the school lot and improvements being made to that lot within the development. For example, the construction -- or not constructing the street landscape buffer. The construction of the pedestrian path along the out parcel on Meridian Road. The types of housing products proposed. The anticipated uses of the C-N zone lot and the expected build out rate. The key Commission changes -- they did recommend approval of the modified preliminary plat. They granted the applicant's request to delay construction and landscaping around the school lot and the commercial lot until they develop and they Meridian City Council ~ r July 11, 2006 Page 28 of 64 accepted the applicant's proposal to construct a pool and a pathway adjacent to the out parcel on Meridian Road and to maintain a maximum 545 single family lots. As far as outstanding issues, prior to the City Council hearing, the applicant was going to approach the owner of the out parcel on Meridian to see if that owner would allow the construction of the pathway. Staff would recommend that the Council just get an update from the applicant on that. The applicant has provided a response to the staff report. They had some clarifications to the conditions and we had -- we had added a sentence in the wrong spot, so it needed to be shifted. And we -- we agree with all those comments and those -- we can add those comments into the findings if Council so chooses. With that I will answer any questions that you may have. De Weerd: Council, do you have any questions at this time? Bird: At this time I do not. Rountree: Not right now. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Martin: Justin Martin. 5606 North Ten Mile Road. Madam Mayor, Members of the Council, I have just a brief PowerPoint presentation and, then, again, a brief description of some of the points Anna has already spoke about. Bird: Pronounce the subdivision. Martin: Tanana Valley. Bird: Tanana. Martin: Tanana Valley. De Weerd: Who thinks of these names? Martin: That would be Marty. Canning: Better than Saguaro, anyway. De Weerd: Yeah. Remember Saguaro. Saguaro. Saguaro was a good one. Martin: Lochsa is pretty difficult, too, for the people that live there. The project has four distinctive groups of lot sizes. There is a couple of reasons. One for price point differences for marketing and, two, as we think it adds some benefit to the community to have a more diverse community and a more diverse subdivision layout. The projects are getting large enough now that they can definitely stand to have more diversity in them. This is a breakdown of our lot sizes. Two hundred twenty-five is a lot -- or, sorry, Meridian City Council ~ • July 11, 2006 Page 29 of 64 228 lots are the 70 and 80 foot wide lots. One hundred thirty-seven of the lots are 60 and 70 feet wide. One hundred five lots are 50 to 60 feet wide. And, then, there is 77 lots in their traditional neighborhood residential areas, there is ten acres in there that are 30 to 40 feet wide. This is a breakdown. Basically, the preliminary plat note sheet that comes on a preliminary plat, Anna did a good job of describing this already. We are asking for R-8 zoning on the majority of the property. It, obviously, allows up to the eight units per acre traditional neighborhood residential and C-N. We went with the C- N, instead of traditional neighborhood commercial, just because of -- we thought maybe there was some viability problems or -- on the intersection down at Victory Road there is commercial and I know there is the neighborhood center proposed there. It seemed a little bit difficult. So, we made it too small to be traditional neighborhood commercial. I think -- I can't remember for sure that maybe the minimum is six acres, if it is less than that, and that's why the staff asked us to go with C-N instead. The minimum lot size is 3,200 square feet. The minimum home size is 1,400 square feet. The average lot size is 8,700 -- you're getting -- Canning: Sorry. Martin: No. You're all right. The open space in the project is -- is, as Anna said, above 13 percent. The usable open space defined by code is 11 percent. Victory Road and Meridian Road both have 60 foot buffers on our plan. I think the city's code requires 35 on Meridian and 25 on Linder Road. Our collector buffers are 45 feet wide and I believe the requirement is 25. There is also some large -- large area east and west. One is in the back of some lots. One is along the Ridenbaugh Canal. We have just been -- in our past projects we have been increasing our landscape buffers in every one and we definitely find it useful to the presentation of the subdivision and the interest from the community in the project. So, we have been making those larger each time. Borton: In the project we will have several playgrounds -- basically tot lots throughout the project, playground areas for the kids to come and play. We will incorporate a neighborhood pool into the project. Sorry for black and white pictures. And the fencing. This is, basically, just kind of a list of some of the amenities that -- the developer is not allowed to do a bunch of things that add to these projects based on code and design, but we do our best to add things we can. The fencing would be another one. We will definitely use some sort of upgraded fencing as shown here from examples from our project. We won't use the standard lowest cost cedar we can find. We will have something unique about it. The tree lined streets have kind of been -- have kind of followed us since -- well, since before I was with Marty and Farwest anyway. '98, Thousand Springs was the first project I was involved in. And the tree lined streets add a lot. I know the code has changed now to where if we have trees in the planter strip, it's a minimum of six feet wide in that parkway. And if it's six feet, we need to add root barriers. We are more than willing to do that. We feel that it adds a lot from the street view presentation of the home. It also adds a lot for the safety feeling of the people walking on the sidewalk. The pathways and connectivity in the project, a lot of the connectivity between the blocks in the project, the five foot pathways that we have installed, a lot of those were the request of staff and we had no problems with installing Meridian City Council ~ • July 11, 2006 Page 30 of 64 those. It just made sense. The Ridenbaugh Canal is the large pathway east-west that's a ten foot pathway on the south side of the canal. Those connect to the pathway by Reflection Ridge and down Meridian Road there is also a ten foot pathway. The rest of the dark marks in there reflect five foot sidewalk that will be the connectivity or on Victory Road. This picture shows an out parcel on Meridian Road. I got a picture of this, because I wanted you to be able to see the topography in this instance. The staff has asked that we put a ten foot pathway around or through this out parcel on Meridian Road. And on Victory Road there was two instances that ACRD asked to put the sidewalk around or through these parcels. We have no problem with doing those things. But this instance is a little bit different. The right of way for ITD goes right to the top of that slope and the out parcel starts with the concrete up at the top. It's definitely difficult to say the best. I did talk with the owner of this parcel and he's willing to look at some design ideas and some plans on how we could bring it across his property. His biggest concern -- two concerns he has. One is mature landscaping up there and how we affect that. And the second is his -- just the general security of the house. He's, obviously, been used to being out there by himself, no activity, no people driving -- or walking by, anyway. Definitely people driving by. And so I understand where his concerns are coming from. I would hope that we could come up with some design ideas along with staff, along with that out parcel owner, that would work for him. In the case that we can't come up with those ideas, I don't want to be forced to build something through the ITD right of way on this sort of a slope. It would be a major undertaking, to say the least, to figure out how to get a retaining wall, how to make that retaining wall safe and, then, build that around there on the slope. I am willing to bond for the pathway across his property in the case that he ever comes in front of the Council or in front of the staff for some sort of redevelopment on his property. I'm willing to pay for the pathway or put up the money to pay for the pathway in the future. I don't know how else to say it. I think this explains it fairly well. We did ask ITD as well if we could move the pathway into their right of way and as of now they have said no. We did submit a landscape plan originally to ITD, which is definitely premature at this point, but it showed our ten foot pathway down Meridian Road in their right of way through the whole distance and they said back to us, no, that doesn't work for us. And so that's kind of another reason why we went to the right of way. That's pretty much the end of the PowerPoint section of the presentation. So, the -- one of the other issues -- maybe not an issue, but the items in our project is the school site. We have been working with Wendell Bigham to work out the details of the contract on that school site and we do have a contract at this point that his attorney is agreeable with and we are agreeable with. I simply need to get it signed and get it back to him. I met with Wendell yesterday morning. He talked to his attorney on the phone while I was there and they are both in agreement that we have a contract that works. He did request -- and I am requesting that the buffer strip on the school site related to Victory Road be built when the school site builds, that way the landscaping is all done and maintained by one entity, the irrigation is done and maintained by one entity. We have no problems with building the sidewalk across the out parcel to the west of the school sate and across the school site and also across the grange, which is on the far east side of our property. But as far as the landscape buffer itself goes, we propose putting that into an easement at this point and when they construct, they would agree to construct that as well. Meridian City Council • • July 11, 2006 Page 31 of 64 Borton: Justin? Madam Mayor? De Weerd: Uh-huh. Martin: Yes. Borton: I don't mean to interrupt, but in this particular I think Anna had pointed to this area here. This doesn't show those. Martin: Yeah. It doesn't -- yeah. The color picture it doesn't show a stub street going to that out parcel west of the school site. Staff had asked us to add a stub street to the out parcel from the -- from the east -- or, sorry, from the west and the police department had also asked that we make some changes in that area. So, we did that. And since, then, there has been two lots added directly south of that out parcel in part of the area that is a school site now that -- this shows it really well. And Anna's concern -- I believe, if I understood it correctly, is that there is kind of a triangle back in there and we have six foot solid fencing in that area, if it's going to be some sort of a hazard, I'm sure the police department isn't going to be interested in that. I'm not sure if that's what Anna was saying, but that's how I was following it. And is what I would suggest is we would go from the northeast corner of that last lot and take that lot line and run it more on an angle up to the out parcel, which would take away the problem of people being able to be in an area that you couldn't see them. We did resubmit this drawing to -- to the school department -- or the school district. They have submitted it to their -- to their designers, their designers redesigned the layout and incorporated a 25 foot landscape easement, incorporated these lots being in that position, and they were fine with that layout. Their school is going to be on the east side of the property. The west side where this triangle or site vision area kind of has a problem there would be open space anyway, but they are not going to have a problem with this changing the dimension, taking that triangle out, basically, by changing the lot lines of those lots. I would hope that we could work with staff to do that at a later date. It seems like a fairly minor -- minor change. Does that answer your question? Borton: It did. Yes. Martin: Okay. Canning: And, Justin, I never mentioned this. Madam Mayor and the Council, this isn't a traditional school site, it is an alternative school site, so it isn't an elementary. Martin: Yeah. Very good point. It's similar to the school site that's on Locust Grove near Chinden. Chinden and Locust Grove. The traffic studies are extremely minimal for these sorts of sites in comparison to any of the other standard school sites. There was - - anyway, that's probably enough said about that. Some general background would be that traffic signals -- ACHD is going to construct a traffic signal on Victory and Meridian Road this summer. We donated a little bit of ground right there at the corner. If we Meridian City Council ~ • July 11, 2006 Page 32 of 64 looked at our landscape area you could see a little bit of a cut out, it was more of just for their room to construct that. The Harrison Meridian Road access to our property, which is half a mile south of Victory Road on Meridian, deserves a traffic signal. ACRD requested that we provide 50 percent of the bond or surety money up front, so they could construct that when other parties came into play, when other developments come forward, that they would get part of those funds from them and ACRD would construct it with those. Also, fairly far removed from this project up at Overland Road in Meridian, ACHD says in 2009 they are going to update that intersection to be able to help some of the backup traffic that's happening down Meridian Road at this point. Quite a bit of back up from -- from people coming in from Kuna in the morning commute. There was some conversation about these issues, because the neighbors had concerns about traffic in general and ACHD did say that that would help out substantially, not that it would solve the problem by any means. A couple other just general things. One would be that -- I would request -- I know that normally the staff has the ability on final plats to -- to allow minor changes and I guess I would just request that we have the ability to make minor changes and adjustments to our open space areas on final plat and in doing so we would agree not to make any changes to the number of lots. We wouldn't add any lots, we would not decrease the open space percentage that we originally had. It's just as we go to final design sometimes there is some changes that become obvious and if staff would agree with those, we would hope that we could make those at final plat. And, then, the last comment is in the center of the project there is a large -- a large property, a single lot and block, it's 6.93 acres roughly -- roughly seven acres in there. It has an existing home on it that was built about 30 years, 20 some years ago. It's a substantial house. It's definitely impressive and we haven't fully decided what we are going to do with that property yet and there is a hill there, it's on a slope, the topography is interesting. There is a lot of reasons why we didn't show this area in lots. And, to be honest, we don't know whether we are going to go forward. We have laid some lots out in there, talked about doing a re-subdivide, but it just needed more time to think about it. So, as of now we have left that as a single lot and block. I just wanted to let you be aware that it's possible that we would come back in for a re-subdivide and, obviously, you will have full chances at helping us to lay that out and design that as well. Just didn't think it would be fair if I didn't mention it at this point, that we don't know for sure which way we are going to go with that lot and block. We may actually submit fora re- subdivide, depending what we come up with. De Weerd: Okay. Your time is up. Martin: The last thing is I would just hope that you would approve our project and take into account the notes in the letter that I had sent out to staff. Hopefully you will have copies of those. I'd stand for any questions. De Weerd: Council, any questions for the applicant at this time? Bird: I have none. Rountree: Madam Mayor? Meridian City Council ~ • July 11, 2006 Page 33 of 64 De Weerd: Yes, Mr. Rountree. Rountree: You mentioned a pool. Where would that be? Martin: The pool would be coming in on the main collector way. You can see a picture. There is a -- basically, right after the first -- as you come in the main entryway, the larger area to the right in this picture. Yeah. Thank you. I would use the pointer, but I can't hold it straight. It wouldn't work for me. That's the area that we have done preliminary designs on a pool. I wouldn't want to guarantee it at this point, depending on what we do. It's possible that that seven acre site would incorporate some things like that. I'm more than willing to guarantee that we would have a pool in this project and we will have a community pool in this project. Currently that's the location that we are hoping it to be in. Rountree: Thank you. Martin: Thank you. De Weerd: Now, is this south, then, of where Victory Greens -- Martin: This is south of Victory Greens and between us and Victory Greens would be Observation Point, more directly connected to it. Our main entryway on Victory Road connects to the main entryway of Observation Point. We tried to do that, because -- because ACHD and we believe in those connections for the possibility of future signalization. De Weerd: So, you are across the street yourself of -- Martin: We definitely are. And I realize those are really nice neighborhoods, wonderful homes over there, and the reason our density is closer to them -- our higher density, is because of the way the Comprehensive Plan is drawn. I know that the city spent years designing those and we do our best to try and follow them to what extent we can. De Weerd: Okay. As far as the road goes, will you be doing any widening along the frontage of your development? Martin: I honestly can't answer that fully. I know that we will be having some turn lanes -- some center turn lanes, some right turn lanes into the project. Ben Thomas, our engineer, is here, he could answer that probably better, but we really haven't went to final design, besides right-hand turn lanes, center turn lane requirements based on the traffic report and ACHD's comments. Widening further than that, I don't have a good answer. Ben Thomas would have to -- De Weerd: Okay. Well, we will probably want to hear from them -- I guess my issue is as we looked at the CIP for Ada County Highway District, a lot of these roads are not in Meridian City Council ~ • July 11, 2006 Page 34 of 64 the plan for widening or even a minor arterial. So, we are very concerned about the infrastructure down there and I guess my point of view and (certainly -- it's mine personally, is development is going to have to step up and be a part of that transportation solution if they want to develop these kind of densities. Martin: Our company would agree with that -- that theory that you have just stated. We have stated that in several meetings with other developers. If other developers would step up and support that, if agencies would find a way to help us go in those areas or come up with plans that -- that were more evenly spread across the community, instead of just one company stepping up and saying they will do those things, we are more than willing to be involved in that sort of a process. I don't know a fair or equitable situation or solution at this point until some agency -- until one of the agencies helps the developers come to that conclusion as well. De Weerd: Well, I know that the developers are really stepping up in the north Meridian area with the intersection improvements and that is what's going to have to happen down here, at least to help traffic flow. Martin: I agree. I think north Meridian was a good chance for the developers to get together and when I talk about north Meridian, I mean from Ten Mile east to Locust Grove, from Chinden down to Ustick, was a good chance for the developers to get together and do better improvements or more improvements. The amount of developers that were in the area at one time were able to get in a room and talk. There is a lot more that could have been done if they were helped to be nudged in that fashion. I probably -- I'm just rambling on. I should leave that alone. De Weerd: I can ramble, too, so -- well, thank you. And we will ask your engineer up towards -- in your concluding remarks. Martin: Thank you. De Weerd: Or, Council, would you like to hear from him now? Okay. Thank you. I do have several people who have signed up to indicate their for or against. When I call your name if you'd like to provide testimony, please, come forward. Mert Logue. And I will already apologize if I mispronounce your name. If you will, please, state your name and address for the record. Logue: Mert Logue. Address is 574 East Observation Drive in Observation Point, Meridian, Idaho. 83642. De Weerd: Thank you. Logue: Madam Mayor and Members of the Council, appreciate being here tonight. I am in opposition to the subdivision as it's here plotted tonight. A couple issues. One is the density level and we have talked about that with ACHD and our issue is we are dealing with a lot of cut-through traffic right now through Observation Point across Meridian City Council ~ • July 11, 2006 Page 35 of 64 Meridian Greens and up to Overland Road and a lot of what's driving that is the congestion that's happening on Meridian Road and the fact that Locust doesn't, you know, go across I-84 yet. The schedule for fixing the intersection at Overland is out two years, so it's probably going to be three years before anything really happens there and the same with the -- with that Locust Grove project going across the interstate to relieve some of that. And with what's going on in Kuna, the growth that's happening there, as well as what's happening, you know, with Meridian, there is just a tremendous amount of traffic that's happening there and it's -- in the last six months it's changed immensely. And so we have an issue with traffic. At Observation Point there is a blind hill at the top of the Observation Drive at Altros where it turns into and it's blind from both sides and right now there is no signs there or traffic -- a means to slow that traffic down or to help with the speeds going through there in the alignment with two subdivisions, although I agree it makes sense, I think it's basically going to promote more cut-through traffic when people have to, you know, go out and turn out and, then, deal with Meridian Road. It is about a mile and a half cut through, but it's very -- it's a very pleasant drive and it's a whole lot better than sitting through five or six light changes and they can zip right out to Overland and, then, head for Eagle or cut back and hook up onto the freeway there at Meridian Road. And in the morning there is -- there is a commercial property there where a lot of people are already cutting through that just to get around. The other issue I have is with the row housing that they have there is -- is investment property and we are a nice neighbor, Meridian Greens, Observation Point, Glacier Springs, even Tuscany below is really a pretty nice neighborhood. When I went through Tuscany here recently, I was surprised by how many of the properties in there are rental properties, investment properties, and also the difference so far as, you know, homeowner, ownership, versus a renter and a piece of property and how it's maintained and up kept and I'm concerned about the row housing. Those are not going to be retired people going in there, they are two story. Retired people don't want to go up and down stairs. And I'm worried about that and what's going to happen, you know, one, two years down the road. I recently sold some townhouses of my own and they did go to an investor. I was sure that they would be taken care of and recently saw them and they are in horrible shape. So, I'm concerned about that. And I guess, lastly, the neighborhood property there -- there is a bit of inconsistency with what's going on with the point with Meridian -- Victory Greens and, then, on the -- what would be the northwest corner of Meridian there at the intersection of Victory where all the neighborhood commercial properties are pushed right up to Meridian Road and we'd just like to -- if this is going to stay this way, that we maybe take the neighborhood commercial site and push it more up to the corner, as well as this higher density. Although I really am opposed to that. I'd like to see the minimum lot size, you know, more than 6,500 to 8,700 minimum lot size. I know the developers are well within their requirements as far as the density that they are asking for, but I would really -- I would more like to see that it be more -- more affluent to what Observation and the existing subdivisions that are being developed right now. De Weerd: Thank you. Council, any questions? Bird: I have none. Meridian Ciry Council July 11, 2006 Page 36 of 64 De Weerd: I do want to let you know that we have a traffic safety committee and it's offered through our police department. If you'd like to contact them with your concerns about the blind corners, we have citizens, our police officers, and Ada County Highway District that serve on that. They can take a look at it and see if they can bring forth some recommendations on making it a safer place. Logue: Okay. Appreciate that. De Weerd: So, if you can contact our police department on that. Logue: Okay. Thank you. Nary: Madam Mayor, Lieutenant Overton is the chair, so if he wants to contact Lieutenant Overton -- De Weerd: I didn't think Lieutenant Overton was over there. Nary: No. Logue: Thank you. De Weerd: Thank you. Okay. Mr. Richard Chaney signed up against. If you will, please, state your name and address. Chaney: Yes. Madam Mayor, Members of the Council, my name is Richard Chaney. live at 448 East Observation Drive in Meridian. De Weerd: Thank you. Chaney: I'm here for myself, but also representing the homeowners association with Observation Point. I don't have any major different comments than what Mr. Logue expressed. I just want to reiterate a few of the points. We do already have a problem in Observation Point. I understand -- I was at the planning and zoning, we discussed the traffic as well. I understand that the applicant has probably driven through a few times and looked at the traffic, but we do deal with it as residents every day and there is probably no better expert and I can tell you without a doubt that we do have traffic issues, the cut-through that Mr. Logue identified. And having the main entrance directly across from ours is just going to facilitate further issues of that. Our -- we only have 87 homes in our division. This is 548 homes. There is going to be a significant portion, especially with this density connected to this major feeder of traffic that's going to be pushed up. I think that -- I'm sure the Council is well aware of what goes on in Meridian Road in the mornings, what the traffic there looks like. It's certainly not unquestionable that we are going to get quite a bit more traffic from the residents of this division. And that is a big concern for safety and we will certainly address it with the police department, traffic, safety -- we have already been working with ACRD to a certain Meridian City Council July 11, 2006 Page 37 of 64 extent on that. So, we are going to continue that. But it is a concern for this division. And also as Mr. Logue pointed out, that the way this is structured, the most dense parts of this division, according to the neighboring divisions, Meridian Greens, Observation Point, and Glacier Springs, the most dense pieces are the ones closest to us. The large lots are the ones that are furthest away. And it's not that our homeowners are against the development. We certainly understand that we live in a growing community and we are all for the growth, we just want to keep some consistency and some feasibility with this and it seems like just crowding all of this higher density against our division seems a little bit backwards to us and also as Mert pointed out, these higher density homes are going to be at the lower price points. Those are the price points that are the most attractive to investment properties right now and we do have a concern, not so much with the density, but this density leads to more investment type of activity and we are very concerned with homeowners of basically putting an investment community right across from us, whereas, you know, this nice natural boundary kind of shows what will happen, we will have an investment community up here and, then, we will have an owner community down here. And, then, I guess the final point is -- is the commercial. I certainly understand the concept of the neighborhood commercial, but it does seem out of place. There is already commercial right here on this corner. There is neighborhood commercial being developed across Meridian Road on the north side of Victory. To hide this commercial back here, it's going to be very unattractive commercial, because you're going to have all these businesses up here, these guys are not going to be able to be seen. It's going to be basically low rent type of businesses, instead of nicer community businesses that you would want. It certainly makes more sense to have these commercial in one of these corners where they don't have access from Meridian Road. We are not advocating breaking the access rules at the mile and half mile, but at least a little visibility from the main thoroughfare to keep that as a more higher end business where they are not having to spend a tremendous amount of money advertising to get people in and they have some visibility and we just don't want this to become a low end commercial either. So, just a little expansion on what Mr. Logue said. No other major points. If anyone has any questions. De Weerd: No, I don't. You know, I have a comment. You know -- and I don't say this in jest, but I know when your development came in front of Council I was on Council at the time and I never imagined I'd hear you say you were getting cut-through traffic from Meridian Greens. Chaney: When I bought that house I would have never dreamt. I would have never dreamt myself. De Weerd: All the cross-through traffic we are going to get from that development, so they are using your roads and that's what we told them they would probably end up doing. Chaney: I have no issue with people using the roads. That's what they are there for. I have issue with people using the roads at excessive speeds on a blind corner and that's what we are working with ACRD on, that's what I will deal with. Meridian City Council ~ • July 11, 2006 Page 38 of 64 De Weerd: Yes. Please do. Chaney: Meridian Police on. But it is a blind hill. It's there. Nobody's going to remedy the hill. So, anything that we can do to, you know, keep from exacerbating an existing problem is certainly something that I look forward to. De Weerd: Very good. Thank you. Chaney: Thank you. De Weerd: Christine Tulk. Signed up against. Thank you. Okay. Those are the names that were signed up. Is there anyone else who would like to provide testimony on this application? Okay. If there is no further public testimony, I would like to ask first the engineer for the project to address maybe some of the traffic concerns. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Before we do that, if we could have maybe Mr. Inselman just talk a little bit about alignment of roads and how ACHD measures their traffic -- or their warrants for a traffic signal. Does that make sense? Gary? De Weerd: Okay. We will just ask you to give it a try. Inselman: Madam Mayor, Members of the Council, Gary Inselman, representing ACHD, at 3775 North Adams, Garden City. It is the highway district policy to align or off-set the public street intersections along the arterials. There is a -- with Observation Point there was a concern with their entrance with the proximity of the canal and the hill to the east, that was the one location that we could make that one work and that was some wrangling with the developer at that time to get it in a good spot for the site distance with the hill. To move the entrance for this development would mean to move it further west, which gets us into closer proximity to the Victory-69 intersection, which wouldn't be desirable either. So, the highway district was supportive of this location for the intersection. Would it meet future warrants for a traffic signal I couldn't say and I'm not an expert on the warrants for a signal, but if in the future there was a problem and we looked at it and it meant warrants, it would certainly get on the list for improvements. I would like to clarify those -- well, the Overland-69 intersection is scheduled to go out to bid this year, not in '09. De Weerd: Gary, I guess in our meeting on Monday we understood that there would be a study going on in this area for the streets and/or roads and what can be done. Is this area also included in the study area that was discussed? • • Meridian City Council July 11, 2006 Page 39 of 64 Inselman: Madam Mayor, I can't recall off the top of my head if it was from 69 west or from Eagle Road west and I apologize for that. De Weerd: Okay. Any other questions for Mr. Inselman? Thank you. Thomas: Madam Mayor, Council Members, Ben Thomas with Briggs Engineering, 1800 Overland in Boise. 83705. De Weerd: Thank you. Thomas: While there are no plans to improve Victory Road to its full section, the traffic study that was commissioned and ACHD's subsequent approval conditions for the subdivision will require, excuse me, a dedicated left turn lane into the main entrance here, as well as a dedicated right turn in. Also, when the signal is constructed at Victory and Meridian, there will be dedicated left turn lanes there, as well as dedicated right turn lanes. So, I guess what I'm saying is most of the improvements from this intersection going west out to Meridian will be constructed, because -- just because of the turn lanes. As we add turn lanes here we will be widening the pavement almost to its ultimate location. Additionally, they will be constructing a sidewalk, so it won't be fully improved, but it will be nearly there. De Weerd: And did I understand Mr. Martin to say that it's donated right of way? Thomas: Yeah. Actually, I think that Victory has just recently been reclassified as a collector or, excuse me, an arterial, which ACHD will be buying the additional right of way. De Weerd: And what did your study show on 69? Thomas: Well, it showed, obviously, warrants are met for a signal at Victory and 69, which that -- I understand that from ACHD that that project has been fully funded and will be constructed. De Weerd: And is there any need for a right of way on 69? Thomas: As far as I know, no. I believe it's a fully improved five lane arterial right now. De Weerd: And there is no -- Thomas: ITD in their comments didn't make any recommendations to that effect. De Weerd: Okay. Any questions for -- Thomas: Thank you. De Weerd: Thank you. Okay. Mr. Martin, would you like to wrap this up? • • Meridian City Council July 11, 2006 Page 40 of 64 Martin: Justin Martin. Madam Mayor, Members of the Council, the right of way on this project -- in the past we have never actually sold any of the right of way, our additional right of way to ACHD in the past. This project happens to be an example of where we would have the opportunity to sell that because of the classification that Mr. Thomas just pointed out. In the past we have simply cut out those areas into a lot and block and dedicated them to them and when you say in the past, I mean since '98, since I have been working with Farwest. So, this will be the first example of where maybe we will possibly be paid for that right of way. But definitely the full width -- the ability to widen the road to its final potential will be there on any of the lands that we own adjacent to Victory Road. Meridian Road -- we have had no indication from ITD -- again, I submitted to them earlier a right of way request -- a permit request to have the pathway in their right of way. We showed them a landscape plan and the whole layout for the project and we had no feedback, except to say that that was going to be the maximum width and size of that road for some time to come in the way of five lane. Our density was an issue I heard earlier in the traditional neighborhood residential. There is no question that those price points on those homes will be less than the rest of the project. As we all know, prices have been going through the roof investments -- out-of--state investors have been buying like crazy for the past year and a half and the way I see the market is that that has came to a halt, the price point has gotten so high that we will see that slow to a trickle. We will see these sorts of trends -- maybe they are cycles, better than trends happening on and off. We expect the price point on those smaller densities, the ten acre traditional neighborhood residential to be between 270 and 300 thousand, the final price on the home and lot. I don't see that as something a lot of us are going to want to rent when there is -- it's just a lot of -- that's probably enough said. That's what I feel the price point on those lots will be at this time, lot and home in the smaller point will be 270 to 300 thousand dollars at the time of development. Ben talked about the turn lanes in and out. In north Meridian -- I heard you asking Mr. Inselman about if this area was inside the study area for the streets. In north Meridian on Havasu Creek and Saguaro Canyon and Lochsa Falls project we had agreed to be a part of an L-I-D if it came later and I guess, you know, we would be interested in doing that in this area, provided any other projects that come after us have the same sort of requirement. I know you didn't ask, but we have kind of held up that sort of policy in the past and we would like to continue it, if it's needed or required. I'd stand for any questions. Rountree: Madam Mayor. Do you have any examples of the type of product you will be providing, both in the alley loaded as, well as the residential lots and the commercial? Martin: I do not -- I do not have any examples. The commercial -- the commercial area is a guessing game for me to say at best. That area will have a chance, the opportunity to come back in front of you for the view, the elevation, and to make sure that those products look -- look good and fit the area in presentation at the least. We would see things such as dentist's office, other neighborhood friendly uses that we have seen around town, such as Heritage Commons or some neighborhood -- maybe not neighborhood centers, there is some commercial areas on Eagle Road that -- like physical therapy offices. On Lochsa Falls we have some office lots that are going to go • i Meridian City Council July 11, 2006 Page 41 of 64 in up on Chinden Road that relate to our project out on the frontage in those sorts of areas. Areas that, hopefully, people either use from the community in a subdivision and/or either work at those sorts of areas would be the hope. I'm not a commercial developer. I would be -- I would be misspeaking if I led you any further than that to say that I hope that you'll get to see those lots in the future, the elevations, have a chance to show what they look like and I would imagine anything that goes in is going to be aimed towards commercial, towards the neighborhood feel where it's not on a corner intersection, it's, obviously, not going to draw from miles and miles around. As far as the view of the homes or the elevations and the look of the homes, a good example of some developments in town would be Heritage Commons again of smaller lots. They have commercial out front. They have a park down -- as you go through those commercial there is a park in the center of the project. There is some really narrow lots on either side of the park. The same developer out on the other side of Boise developed some -- some fairly nice examples of those sort of housing. I have seen some bad examples of those kind of housing and we don't plan to be in that group. All of our projects in the past have had strict ACC guidelines. Marty Goldsmith actually goes out to the site and inspects every home as it finishes to make sure they have followed those guidelines. We haven't came up with the final guidelines for this smaller -- this higher density area yet, but we have been starting to work on those sorts of things, looking at what we like, looking at what we don't like, figuring out how to incorporate that into a document to be able to get that sort of product. We also review in house every set of construction plans for the homes on every lot in every subdivision that gets approved. That has been our standard in the past -- the past three years anyway and prior to that we had other people reviewing those plans for us, so -- but we have taken a more active role lately and we would hope to produce -- or we will produce a nice product. We will pick the examples that worked, as opposed to the examples that didn't to try and follow or come up with something new. With that I'd stand for any other questions. De Weerd: I guess I would just add to what Councilman Rountree had said, that we have seen a lot of bad examples and we are not interested in duplicating those mistakes by not asking for elevations and I think it's also something that the neighbors should be able to view as well. I know the quality of your subdivisions. In fact, if -- when you had your neighborhood meeting I would imagine you would have shown some of the examples of your other subdivisions to show that you are a quality developer. But without that it's hard to -- to show the neighbors the kind of quality you do desire. Do you have a theme in mind for this one? Martin: We do. I'd rather not say it out loud. I mean we have several themes and groups of themes and I can't tell you I'm a hundred percent set on any of them. We did call and talk to Anna early on about showing some of that and what percentage of that we would be required to do and our concern was just -- was, one, being required to do that theme, as opposed to changing to a different theme and, yeah, we are trying to improve our projects each time. That's probably all I can say. Sorry. De Weerd: Council, questions? • • Meridian City Council July 11, 2006 Page 42 of 64 Borton: Madam Mayor? De Weerd: Yes, Joe -- I mean Mr. Borton. Sorry. Borton: Justin, did you indicate that the community pool area is in this location or am I off on -- Martin: That was right. That -- the fatter area right there, that's the area that we planned for it at this point. Borton: May I -- I'll just tell you why. The reason I asked is it just seems to be an odd location across the street from commercial, as opposed to being within the community. It doesn't seem to be very accessible to anybody, other than maybe these higher density locations. Martin: Right. In the past we have -- we have been locked down at these stages of the hearing to where things go and the timing of when they would come in, so I try and get -- I try and get more flexibility in that if I can. We have done a layout in that area, shown a pool in the layout, and various other features in that area. Along with our projects we usually have fairly large landscaping compared to the standard. We think that we can -- can make that area work really well. With that said, it's not a hundred percent certain that it's going to go there and I know I'm being evasive with this, I'd just like to guarantee that we will have one and -- and beyond that just to say that we can make it work well in that location and without bringing out the designs and the themes, it's hard for me to accomplish that. I would hope that we would just lock me down to having a pool in the project, a community pool, of a decent -- of a sufficient size and, I'm sorry, I'm being evasive, I'm just trying to not talk about the theme possibilities. It's hard for me to say anything further about that without knowing exactly which theme we have. We do have some layouts. I would be happy to show them to staff and have them review those and/or approve them, even at that stage talk about whether it makes sense or it doesn't make sense, we would be open to that sort of feedback or input from staff at a later date. That was probably the worst answer I have ever -- Rountree: It wasn't very good. Martin: No. Definitely not. Borton: I might not -- I don't know. Maybe I'm the only one that didn't understand the super secret nature of some of these decisions. For what it's worth, I don't know -- it doesn't make sense unless there is an explanation. That location under any theme doesn't make sense. And maybe that's being too picky on a small detail, but the location, it going across the street from a dentist office at the entry where you're going to have 350 people utilizing this thoroughfare. It didn't make sense. That's what sort of prompted my question. • Meridian City Council July 11, 2006 Page 43 of 64 Martin: Right. And probably the only information I could give is have you seen Saguaro Canyon -- if you have seen some of our other projects -- do you know where the pool site is at Saguaro Canyon? It wouldn't make sense either. It's at the dead end of a collector, a half a mile in. Once the mile fills out every -- every main street in the project is going to be busy. And some other good examples would be projects that aren't mine, like Paramount, it's really close to a main street. It's a beautiful project. When those -- when those mile sections completely develop out, all the main streets in those subdivisions are going to be fairly busy. We would just hope that we put them in a large enough area -- we fence those areas to make them safe, with large enough landscape to keep them secluded. That's probably the best I can do. De Weerd: I think most of the areas I have seen are off of a major collector. Or thereabouts. Any other questions from Council? Does Council need elevations before on the higher density areas before a decision can be made? I don't want to ask if there is no further questions and, then, close it to see that we need some elevations. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Usually this isn't the point I make this statement, but I'm going to make it now anyway, because of the last answer we got. Some of these applications where we don't have sufficient information my comments are -- I'm in not any hurry to annex more property to the City of Meridian. If you're not in any hurry to decide what it is you want to bring to the city, whether it's one or two or three things, I am right now not in any hurry to approve your request. So, that's my position, when and if the hearing closes. So, yes, I would like to see some specifics. Or at least some concepts. De Weerd: Well, I appreciate your consistency, because I could have quoted you first. thought I'd let you do it. Rountree: And Mr. Martin hasn't heard my speech, so it's your turn. De Weerd: Any other comments? Mr. Wardle. Wardle: Madam Mayor, Iguess -- certainly I would look to notes we have from planning staff on key issues of discussion by Commission, the type of housing product proposed, anticipated uses in the C-N zone lot, expected build out dates, those are -- well, the expected build out date is not necessarily a question in my mind. In any of the TN-R districts that (remember -- we, as I recall, just recently approved the standards for that, which -- not even three months ago, if I -- maybe three months ago; right, Anna? Canning: You actually passed the ordinance last week. Wardle: So, not a week it looks like. • Meridian City Council July 11, 2006 Page 44 of 64 Rountree: Time flies. Wardle: But we haven't -- we have only seen several small applications of the TN-R district and so at this point certainly I agree with Mr. Rountree, at least on that specific density and product type I'd like some additional questions answered. De Weerd: And, again, I think we would go back to -- we have seen some really bad stuff and, unfortunately, we don't see it until it's built and there is absolutely nothing we can do. And even though I know you have a great reputation in your developments, I think that neighbors need to see these things as well. And it allows them an opportunity to comment. Martin: I don't have huge concerns with trying to show examples of the sorts of quality and standards that we would control in different areas of the density out there. I don't think that's a problem. The extent of it would be, obviously, up to you guys' determination. I don't have issues with trying to show that we are going to build something nice, trying to show you standards that relate to that to make sure it follows the sort of theme that we would show you for those certain size of lots and density. We definitely understand the concerns. De Weerd: And we have done that before and using those examples of the kind of quality that is expected in the Findings and so that gives some comfort level. Martin: Well, I think it makes sense. I mean from your point of view especially it would make sense to try and control that to some extent. De Weerd: Additional information that you would like to see come back, Council? Rountree: Madam Mayor, I would like to see elevations of the type of product -- I'm not going to hold you to the specificity, but the kind of quality of product you're proposing. We do want some more particulars on the TN-R area, because it is new to us, and we do have some existing issues. I would like, again, the type of quality, building material type that you would be proposing for the commercial, and if in that time you can zero in on one or two themes, that would be fine, too, but I'm not going to hold you to that. As long as it isn't a Swiss village. Martin: Right. No. I understand your concern with the themes. The elevations in the traditional neighborhood residential, that should be what I excel the best at on what you have just stated there in the way of being able to show you how we would control those guidelines and what it would look like. And some sort of theme throughout and quality of material. The C-N zone, the commercial area, if I could get a little bit more guidance on that and so, again, we definitely do not do commercial development. I would prefer that the Council had a chance to see this later on some sort of a reapplication when they come in for a building permit and the specific uses that go in there, than me being unqualified in that area to get specific. I guess I'm just stating I don't have the qualifications in that area and I'm not sure it would be helpful. ~ i Meridian City Council July 11, 2006 Page 45 of 64 Rountree: Madam Mayor, I will use my criteria. If you can assure me that it won't be the standard Walgreens design -- Martin: Okay. Some sort of design standards that are better? Rountree: Yes. De Weerd: Or a strip mall -- Martin: Sure. De Weerd: -- with lots of lights that will reflect all over the place. Canning: Madam Mayor? I'm sorry. Mr. Wardle. De Weerd: Mr. Wardle. Wardle: I guess the thing that I'm looking for is -- there is a commercial development -- I'm not sure if it's -- it's the exact zoning. As you enter Star on State Street on your right-hand side that has a specific theme that I don't necessarily feel would be appropriate here. Martin: Right. De Weerd: And maybe we don't -- and maybe that's your theme. Martin: No. No. Wardle: I'm looking for some reassurance that it will fit in, but that -- some of those themes are not -- out of place in our city. Martin: I think we will be able to accomplish that in some sort of an architectural control standards on the building, that at least assure those -- those minimal things that you have mentioned so far. I don't think that will be a problem for me. De Weerd: Okay. Anything further? I think Mr. Borton wants to know where the pool is going and why. Martin: Okay. I can probably do a lot better at answering in the future. I will work on that one as well, if I'm going to come back with these other things. I think that's the intent is I will come back and try and answer these three questions. The elevations of the traditional neighborhood center, the elevations of the commercial, some sort of design standards on both of those, and, then, to talk in general about -- well, talk about the pool location and maybe the theme. Hopefully I understood that right. • Meridian City Council July 11, 2006 Page 46 of 64 Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: For the planning director and the applicant, how long would that -- would it be appropriate for those items? Martin: I would probably need two weeks to be able to do a sufficient job, without throwing something together that -- anyway, that would just be pieced together. De Weerd: Is the 25th starting to look pretty crowded? Do you want to try and shoot for the first week in August? Nary: That would be National Night Out. De Weerd: Oh. Nary: So, you're looking at August 8th. Bird: Better do it the 25th. De Weerd: August 8th. Bird: Especially, we are just -- excuse me, Madam Mayor. De Weerd: Yes. Bird: We are only asking -- we will continue the Public Hearing. As I understand it, we have asked for some specific items. We don't need to have a -- we have already heard public testimony, so if we get those items, I wouldn't think this Public Hearing would have to be that long. So, I would go with the 25th and, if not, he has to go to the 8th and -- Martin: I'm fine with the 8th. That would give me sufficient time to do a good job of the things you have requested of me. It would be good if we could close all the other concerns and questions, so that that's all I'm trying to prepare for or bring back. I can concentrate on doing a good job on those things. De Weerd: They can -- if all their other questions can be -- have been answered, they can restrict it to accepting that and testimony regarding that. Martin: Okay. De Weerd: I guess my only other piece is if we don't know a dated on when that intersection will be lighted, if you can bring back the trigger -- what would trigger that. Meridian City Council ~ • July 11, 2006 Page 47 of 64 Martin: And we are talking about Victory and Meridian Road at this point? De Weerd: Uh-huh. Martin: Okay. I can do that. De Weerd: Okay. Anything further, Council? Okay. I would entertain a motion. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we continue the Public Hearing for Item 15, AZ 06-015, until August 8th and at that point Council will take additional testimony as it relates to the questions asked of the applicant this evening. Bird: Second. De Weerd: And would that include PP 06-013? Rountree: That is separate. De Weerd: Okay. Okay. There is a request to continue Item 15 to August 8th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we continue PP 06-013 until August 8th, 2006, and for the applicant to come back and -- on the preliminary plat and have some elevations and pool location and -- or some ideas of building materials as questions have been asked regarding that tonight. Rountree: Second. De Weerd: Okay. I have a motion to continue the Public Hearing on Item 16 to August 8th. Is there any discussion? Oh, I don't -- I don't ask for discussion. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Yes, sir. If you can just come to the microphone. Meridian City Council July 11, 2006 Page 48 of 64 Logue: Mert Logue. comment earlier that Hearing that we -- 574 Observation Drive, Meridian, Idaho. My question is I heard a we have already heard public testimony, so this isn't a Public De Weerd: We would take public testimony on the evidence that the applicant would be bringing forth that night. Logue: Okay. De Weerd: And limited to comments on the designs and those -- the things that he will bring back to us. Logue: Okay. The specifics that we talked about as far as what he's bringing back. De Weerd: Yes. Logue: So, we would be able to review that and comment on what we see as well with the board? De Weerd: That is the expectation, too. Logue: Thank you. Thank you. De Weerd: Thank you. Okay. Rountree: Madam Mayor, I guess just for the public and the applicant, our comments and questions tonight does not necessarily indicate that it's a done deal. Item 17: Public Hearing: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: Item 18: Public Hearing: PP 06-011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: Item 19: Public Hearing: CUP 06-006 Request for a Conditional Use Permit to construct a multi-family development consisting of 200 multi-family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC -south side of Pine Avenue and east of Ten Mile Road: Meridian City Council July 11, 2006 Page 49 of 64 De Weerd: Okay. Items 17, 18, and 19 are public hearings on AZ 06-013, PP 06-011, and CUP 06-006. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Canterbury project. It's located on Pine Avenue east of Ten Mile. The applications include annexation and zoning, preliminary plat, and conditional use approval for amulti-family development. The applicant is asking for annexation and zoning to R-15 and preliminary plat approval of 122 residential building lots and ten common lots and also Conditional Use Permit approval of amulti-family development and that consists of 50 four-plexes and 72 attached townhouse units on 21.77 acres of property. The average lot size in the proposed development is 4,781 square feet. The gross density is 12.5 dwelling units per acre. Approximately 12.6 of the area -- 12.6 percent of the area is being developed or set aside for open space. On that open space the applicant is proposing to construct a clubhouse and pool, a tot lot, and a pathway system. I did want to bring up a couple things to you. I will let the applicant -- it's a little better view of the development. I'll let him go through it. But, in general, these are -- the four-plex areas are bounded here and, then, you have a number of townhouses on the east side of the property. These are also townhouses. The units aren't shown on that one for some reason. The code is a little unusual in that for multi-family developments with more than a hundred units that the -- and this one has 200 units. The decision-making body shall require additional amenities commensurate to the size of the development. As a reference, for the multi- family developments with 75 units, you need to have -- four amenities are required, with at last one from each category and those are quality of life, open space, and recreation. So, the applicant is providing amenities as -- he's got a 3,000 square foot community clubhouse and fitness facility. Those are quality of life. He has a property management office, maintenance storage area, a development map and directory. A pool. And tot lot. Walking trails. Half basketball court. And a picnic area. And, then, just some general green open space. So, staff does recommend that the Council specifically make a determination that the proposed amenities are sufficient for a development of this size. There is some discretion on the part of the Council with regard to the amenities portion of this project. Staff is proposing a DA, primarily for the -- for the purpose of tying this rezone to this development, so that we don't just have property zoned R-15, we wanted to have some development tied to it in case this project doesn't go through, that we have some assurance that we will have some say in the next development. There are no off-site commitments or provisions included within that DA. I do have some elevations. These are the townhouses. These are the four-plexes. More four-plexes. The Commission did recommend approval at their June 1st hearing. Jeff Wardle, John -- or Joe Reice, Lance Warnick, and Mark Sanders all spoke in favor of the application. No one spoke in opposition or commented. Key issues of discussion by the Commission were the -- they had requested some variances. They have withdrawn that request, but that was a discussion topic. The common area calculations, the elevations, particularly the double fronted four-plex elevations and the layout of the project. There were no key changes to staffs initial recommendation. The staff report does note an outstanding issue regarding the police department. The police department has reviewed the -- reviewed the revised site plan and they are not requesting additional changes at this time and I could show you where that is. There is Meridian City Council July 11, 2006 Page 50 of 64 • a half basketball court located in this corner. I think the original concern is that there wouldn't be much visibility because of fences, but there won't be any fences in the area, so they will have visibility into that corner of the property. So, that was the main outstanding concerns from the police department. And with that, the applicant has provided a response to the staff report and they were mostly concerned about the police department requirement that I noted previously. And with that I'll answer any questions you may have. De Weerd: Anna, isn't that southeast corner, isn't that along the rail? Canning: Southeast -- De Weerd: Where the -- Canning: Yeah. Let me double-check. I'm pretty sure it is. Yes, it is. De Weerd: Okay. So, there is no fence that's going to be there? Canning: No. I just meant there is no interior fences on these -- on these structures here. There is not a -- there is not going to be a fence around that basketball court. There should be a fence -- there will be a perimeter. I can check the landscaping -- or the applicant can speak to that, but -- De Weerd: And what is the fencing material on that? Canning: Oh. And you're going to ask me what the railroad wants, too. I have not had a chance to contact them yet. I have asked one of my staff to do that. De Weerd: Okay. Canning: I will follow up. De Weerd: I think it's Bob Adams that you need to talk to. Okay. Any questions from Council? Okay. Is the applicant here this evening? If you will, please, state your name and address. Reice: Good evening. My name is Joseph Reice of American West Homes. 395 9th Street, Boise. I will be making just a small portion of the presentation this evening and turning it over to a much more competent speaker than myself, but I am the president of the company and I'm here to answer any questions. The buck stops with me. I'm more the field man. I'm a nuts and bolts guy with the company. Not a good public speaker, but there is just a few things that I wanted to say about the project before I turn it over to the hired gun that can speak. First of all, we have been working on this project for about a year and a half and really completely revamped it after the meeting that we had with Mayor De Weerd. I don't know if you recall that meeting, but -- Meridian City Council July 11, 2006 Page 51 of 64 De Weerd: I do. Reice: -- it was, you know, through your advice and in terms of what the City of Meridian needed that we completely redid the project and, first of all, made it a -- an all- for-sale project versus a rental project. And, secondly, we designed it to meet the needs of the affordable housing for the critical working mass in the City of Meridian. There really isn't a project that well meets that need here right now, particularly one of the quality that we are offering. We have a density of about 12 and a half units to the acre. We abut industrial and high density apartments on the west and south sides and there is an R-8 zoned property on our east side. We offer -- I think it's a total of 11 public amenities. Originally we had brought in, I believe, five and, then, after the Public Hearing and meeting with staff, we revamped it up to about 11. And that's counting the open space park areas, you know, the picnic area, the basketball courts, the trails, you know, the clubhouse, the -- all of those things that Mr. Wardle will address, but I think there is a total of 11. And our open space area is almost four acres of the 21 acres. So, we really believe that for a project of -- you know, of this size and that the price point we are trying to achieve, that the buyers are getting great value for the dollar in this premium location. We have two main product types, a townhouse project type, which is on the east side of the project, and we have four different building elevations for that. I don't know exactly how to display these. I have got some color drawings. Shall I just kind of prop them up on the chairs here or how do you want me to do that? De Weerd: Do you have them on an eight and a half by 11? Reice: Well, we sent them to -- by a-mail through disk to -- to staff. Canning: Sir, are they the ones I showed previously? Reice: Well, no. There is these. Canning: Oh, the -- Reice: We e-mailed these to Caleb Hood. De Weerd: Is everyone in the audience with you? Reice: No, just -- De Weerd: Okay. So, we will want everyone to be able to see these. Reice: Well, I think everybody is here with me. I don't know if anybody is here about this project, other for me. De Weerd: Mr. Wardle, you may want to put the easel maybe just to the other side of those. Further to the south. Or north. Thank you, Mr. Nary. Meridian City Council July 11, 2006 Page 52 of 64 Reice: Well, I can pull each and address each one of them or if they don't have the PowerPoint for that, if you want me to do that, I can come and talk about them and all that. De Weerd: Okay. Reice: Do you want me to do that? Okay. This one right here is our four-plex project. These are all condominiums. They are not for rent units, they are all individually for sale units. They are all three bedroom, two bath. There are four different total building elevations and four different color schemes, so you have a total of a blend of eight different total looks for this building. This particular row, which is along this row right here, has very heavy landscaping. We, actually, probably left out some of the landscaping, just for the ability to view the buildings more. But we are the -- this is kind of the buffer street between the townhouses and the four-plexes. So, we have eight different looks and, then, we also have setbacks, so the buildings are in a staggered design, so it doesn't have abarracks-type look, but, you know, it has a very quaint, nice residential feel to it. You can -- this is a pretty good depiction of the different colors and building types. You can really see it. It doesn't have a very monotonous look, but it's got a very interesting village-type look to it. On the right side is our clubhouse building, which is this right here. It's about a 3,000 foot clubhouse and we have got a pool behind it and a tot lot near by and, of course, open space and barbecue areas and so forth, centrally located within the project. And, then, you know, finally, this is just a typical example of the townhouse units. The townhouse units are pretty low density and they are meant to, you know, give a -- more of a single family feel than anything else. They abut the R-8, so we felt that this was a very good transition product type to put up against the existing older subdivision to -- you know, to our east. And, then, we transition to a higher density as we go -- as we go west. So, that's pretty much all I had to say. I'm available for questions at the end of the presentation. I'll answer any questions I can about, you know, fencing or police department or whatever, but Mr. Wardle would like to go ahead and continue on the presentation. De Weerd: Okay. Thank you. J. Wardle: Madam Mayor, Jeffrey Wardle, Hawley Troxell. My address is 877 Main, Boise. Anna, could you go back to the preliminary plat. Just to clarify a couple things. I think it's important to note that we really appreciate the work that staff has done on this project with us, that this has certainly been a lot of effort on the part of Caleb Hood, who has been very responsive and very helpful, and based upon Caleb's comments, as well as the comments and feedback we got from the Planning and Zoning Commission, significant revisions were made to this site plan. Just to walk you through those, the reason that we don't have product here is this is not the site plan that was in the preliminary plat. This is -- this is the prior version. You have a current version that shows those units there, but this is where the variance was requested and a modification was made to the site plan as depicted, so that -- thank you. So, that we would not have to request a variance on these lots. We respect the hard work that your staff and you all did on the UDC and recognize that, you know, less than a year into this • • Meridian City Council July 11, 2006 Page 53 of 64 process is not the time to be asking you all for variances on these. So, as a result, some units were removed and those units are located here. These lots are fully conforming. Additionally, the staff had raised concern with respect to connectivity of the pathway system and in the preliminary plat that you have in the packet, it shows this change where this actually connects back out here. Additionally, staff and the Commission had raised the issue of additional amenities needing to be on the site. And so to improve and enhance the existing Eight Mile Lateral, which is right there, and the Ten Mile Drain, which is back here, we did add amenities to feature that, namely, these pathways here and a pathway here. That path is now connected through this point and there is an additional open space and picnic area here. An additional tot lot was added here as part of this revision to this -- this section. Now, I have discussed and appreciate the feedback and the cooperation of your police department, because the original staff report, based upon the original preliminary plat, expressed some -- some concerns and we have some concerns of those -- the comments of the police department had not changed since the original plat. If you will note, the comments that I make in response - - and particularly, originally, there was a unit located up here and the police department expressed some concern about that location. That unit was removed. Additionally, the police department expressed some concern about the lack of connectivity of the pathways. We have addressed that with the connection here, as depicted on the current version in your packet. And, additionally, as I spoke with Lieutenant Stowe today, just to conform that everything was -- was satisfactory, he did raise the issue here of the half basketball court. That was a request of the Planning and Zoning Commission. He felt comfortable that in light of the fact that there is not going to be fencing along these homes here, that that was an appropriate use and an appropriate location and addressed the police concern. Certainly, as noted in the staff report, we are going to comply with your fencing requirements under the UDC and there will be fencing here along the drain and along that right of way. When we look at the staff report, our biggest concern with this project is how do we address the concerns that we have already heard you raise here tonight and I'm pleased that I have a client that is so committed to design issues at this point, because frequently we don't have clients that are this committed to design. As we have talked through this process, my client has really attempted to come forward with a diversity of housing type, with a diversity of elevations and with a commitment that we have discussed with staff as to design, type, and to address the concerns that you have expressed in the past, as well as expressed tonight about what are these going to look like. We are committed to the plan that's been set forward here. Now, one last concern which I think we need to address, because Anna raised it, is staff did express some concern about what -- the double- fronted nature of these units. Now, it's important to note that under the UDC you provide that multi-family, including multi-family condominiums as we have proposed here -- are appropriate to front on private streets. This is all intended here to be a private street system. It provides your access, it provides the -- the access to parking, the types of things that you see in these. The concerns we have, though, is that, of course, the UDC also prohibits townhouses from being located on private streets. Thus, we have a public street as access here. This site is, obviously, unique, due to the location of the drains. With the Ten Mile Drain here and with the Eight Mile Lateral there, you have some site design considerations that you have to deal with, due to the '~ Meridian City Council July 11, 2006 Page 54 of 64 fact that we have it coming to a point. In dealing with that, we also have to deal with the fact that we have this entry here aligning with the road across the street per ACHD's direction. In doing that, we feel that we have come up with a design which works, that we have enhanced the landscaping along here, that we have also committed to the elevations that you have seen -- and let me go back to the elevation that is on the podium -- on the easel. This elevation here is looking, essentially, from this spot right here -- and I don't know if you can see that, but it's looking -- it's looking from this spot here back across these townhouses to this point. As you can see, we have made a significant attempt to address the look of these by insuring diversity of design. Also by insuring that there are adequate numbers of windows to really break up those facades and also to assure that there is additional landscaping. As Joe pointed out, in order to depict this, we did remove some landscaping here, but that landscaping is depicted on the site plan and it's depicted on the landscape plan that we have attached and submitted. We have attempted to be sensitive to the zoning you currently have in the area. This is R-8 over here. This is R-40 over here. As designated on the Comprehensive Plan, right down here this is appropriate for the R-15 or a higher zone. We have not requested that. We believe that we can do this with an R-15 zone and provide adequate open space and additional amenities. Based upon staffs comments we tried to make the connectivity through this project rather complete, so that all members of the community can utilize the various spaces and areas that are intended to address their needs. With that I'll stand for any questions. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: On this row of -- what are you calling these? J. Wardle: Well, they are the multi-family. The four-plex. Rountree: Multi-family that have a private drive behind them and a public street in front of them or a public street behind them and a private drive in front of them? J. Wardle: That is correct. This is the private drive, Madam Mayor, Council, and this is the public street. Rountree: Okay. Now where do they front? J. Wardle: They front here. These are the entrances here on the private street. Rountree: On the private street. Okay. And what's the status of this row of lots on the private street? I mean the public street? Meridian City Council July 11, 2006 Page 55 of 64 R. Wardle: Madam Mayor, Councilman Rountree, these are a slightly wider version of the townhouses and I don't know why they don't show up on this site plan, because the site plan that was submitted two weeks ago to staff shows those. It is an alternative design, because in order to make -- this is where the variance had been initially requested. We reduced -- removed some units, so that we could get wider lots and comply with the 2,400 square foot requirements. So, these are townhouses, same here, that are slightly wider and, yet, again, another footprint and a different elevation. These are the elevations that are proposed for this lot and block right there. Rountree: Okay. Thank you. J. Wardle: You're welcome. De Weerd: I like that elevation better. Gorton: Madam Mayor? De Weerd: Yes, Mr. Borton. Gorton: Jeff, can you -- Joe mentioned something that maybe you can hit on. How can you restrict the particular properties to be for sale and not for rent? Legally, if push comes to shove, how can you really prevent anyone from renting it? J. Wardle: Madam Mayor, Councilman Borton, those can be handled through your restrictive covenants. I mean it is -- nothing mandates that you have to make units for -- available for rent. You can do it through restrictive covenants. You can do it through limitations on the number of rental units. To the extent that that's an important issue to you, as Anna pointed out, you know, there is a development agreement on the table and we support the development agreement proposed. The goal here is to -- this is not being designed as a four-plex apartment complex and is not going to be marketed as such. I guess at the end of the day, you know, councilman, if somebody -- this is America and if somebody wants to rent their property out, they very well may, but there are steps that we can take and that we are committed to taking to insure that it is a development that's intended to be owner occupied. Borton: Madam Mayor? And I don't disagree with you, I was just curious, because I heard that remark made and other than a covenant that Iguess -- I don't know if you levy an assessment against the owner if he rents it out and -- what's the ultimate hammer you ever have against a property owner if they want to rent it out? You're technically stuck, aren't you? J. Wardle: Madam Mayor, Councilman Borton, I mean, yes. Gorton: Okay. Meridian City Council July 11, 2006 Page 56 of 64 J. Wardle: If the president wanted to rent out the White House, that could happen. I mean this is America and there are ways to do that. There are steps that we are committed to taking to insure that that doesn't happen. De Weerd: Okay. Council, any other questions? Bird: I have none. De Weerd: No further questions? J. Wardle: Thank you. De Weerd: Okay. J. Wardle: All right. Thank you, Madam Mayor. De Weerd: If you're all with the applicant, I guess I don't need to know if there is any additional public testimony. Although, I would ask Mr. Reice is there any further information you would like to provide? Bird: There is someone there. De Weerd: Oh, I'm sorry, sir. Well, please come forward. If you will, please, state your name and address. Pond: Gilbert Pond. 5507 West EI Gato Lane in Meridian. I just came tonight to listen to -- because I was concerned about a piece going on over on Franklin Road and -- between Ten Mile and Black Cat. But there is a number of things Ijust -- why are we putting four-plexes in an application where we are going to sell lots -- or to sell the homes? It would seem to me that somebody is going to buy that whole piece and he's going to rent it out. You're setting yourself up for failure in my book if you're looking for a zero lot line application of where people can buy alot -- or buy a home, then, they need to make it a duplex application where they are going to buy half the building. My other concern is I'm a plumbing contractor. If you buy afour-plex for half of a -- or a quarter of a four-plex, who is going to stand the cost if somebody gets wet down below downstairs. There is other problems that you're creating here by allowing afour-plex application to become private property. My recommendation, just from a local citizen, had no business putting afour-plex for an individual buyer, because there is not an actual physical separation. There is two physical separations, you got the center and, then, the floor and you have problems with up and down. And so my recommendations is that you just allow a duplex applicant and let them divide it as a zero line house here in this application. I'm familiar with this area and that would concern me, because it's going to turn into an apartment complex. There is nothing you can do to stop it -- excuse me -- there is nothing the city can stop, because that's what's going to happen. You know, there is just -- down the road you just know what's going to have to take place. Thank you. Meridian City Council July 11, 2006 Page 57 of 64 De Weerd: Thank you. Yes, sir. Come forward. I'm sorry, that's what I get for assuming. If you will, please, state your name and address. Arnke: Good evening, Madam Mayor, Council and staff. My name is Michael Arnke and I'm a property owner at 2070 West Pine. And I think in response to the gentleman prior to me inquiries about afour-plex, I also have the same inquiries, but I think by addressing the applicant's, they perhaps can answer my questions as I would perceive them and I would assume that because it is a homeowners association that the exterior portions of all the ground and the buildings will be maintained in common and the homeowner's responsibility really is within the four walls inside the complex. I would assume that to be correct or -- or if the homeowners can maintain their own -- Rountree: We will ask the applicant. De Weerd: Yeah. We will certainly ask. Arnke: And, of course, that would be the issue. And, then, the other issue, as I perceive it from the developer, is that the condominiums, of course, will be smaller in square footage, which, obviously, would have an impact on the ultimate price and I really have no problem with that, because, let's face it, the price of housing has just gone through the roof and so, therefore, I, in one sense, would support the four-plex, because, as designated, he classified those as condominiums, not townhouses, and by statute a townhouse would generally represent a larger square footage home versus a condominium. So, he has a -- what I perceive as a nice even mix, allowing affordability on both ends of the spectrum, provided that the exterior portions of the buildings and the grounds are tenants in common and maintained, so that if there is a renter there, that the only impact they have is on the interior and not the exterior and the CC&Rs would be structured, so that the tenants are not going to cause harm or damage to the areas in common and, in conclusion, that's all I have to say. Thank you. De Weerd: Thank you. I'm sorry, Jeff, there was someone behind you that raised their hand. Please state your name and address. Warnick: For the record, my name is Lance Warnick, I'm a professional engineer, representing also the client tonight. My address is 1204 6th Street North, Nampa, Idaho. 83687. De Weerd: Thank you. Warnick: I was just going to make myself available if there was any technical questions that may relate to engineering, but also I can just provide a clarification in general on what can be done on developments as addressed by the gentlemen -- two that spoke. Whether a project is multi-family or a condominium, there are mechanisms in place to allow maintenance to occur. For example, if you do have afour-plex in a project, typically, the building owner is responsible for maintenance. The tenants in there take Meridian City Council July 11, 2006 Page 58 of 64 ~J care of their -- their personal property, because the building itself is maintained by the owner. Once a project is converted to condominium, technically, you own from the paint inside and the structure itself is held in common and so, in reality, you also have a common ownership that can come in and maintain the structure, whether it's some type of plumbing leak or something else. So, the type of structure -- use and structure I don't think should be a discussion tonight, because there are mechanisms in place that can address that, whether it's a townhouse, condominium, et cetera. And with that I'd answer any questions. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Thank you. Okay. If there is no further public testimony, we will accept closing remarks. J. Wardle: Madam Mayor, Members of the Council, to address the comments that we have heard here publicly, it is our intention that these units will be condominiumized and as Mr. Warnick pointed out, technically, a condominium, you own everything from the paint in, that the plumbing, the exterior, the grass is all common area and that will be maintained in common and the individual unit owners are assessed for that. It's a structure that's well recognized under Idaho law. It certainly is a structure that we are starting to see now in this type of product due to the very things that you have seen tonight. When you see traditional neighborhood designs on very small lots coming in projected at 300,000 dollars a unit, we have to recognize that land prices are making housing even less affordable, even when you build smaller houses. And so the condominiumization of these units addresses that need. As set forth in the application, it is our intention and our commitment that there will be two homeowners associations. There will be a master homeowners association for everything, for which the townhouse owners will be allocated and the individual unit owners over here will be allocated for the maintenance of those common amenities, the things that they all use. With the condominiumization of these units over here, there will be an owners association which is responsible for the true common elements. The allocation of that is something which is just worked on in the master declaration. If it requires a master declaration to create a condominium, we will do that. Condominiums are very common. Condominiums have been used in many markets to address this type of thing. And condominiums as a four-plex, yes, might be unique in Boise, Idaho, but that doesn't raise any issues that we are too concerned about, that we can do it, it's not a problem. Additionally, with respect to the other comments that were made about housing affordability, that has been the driving force in our clients proposal on this site, that for the better part of the year he has worked to come forward with a project and a product which meets your concerns about design and meets your concerns about community development, while also insuring that there is truly affordable housing that's provided at this site. It's important to recognize that the property here to the west is much more dense and is the property that I believe is referred to fondly as the barracks. And that we certainly recognize that Meridian City Council July 11, 2006 Page 59 of 64 we have industrial property here to the south and we are attempting to transition from the R-8 zdne here to the R-40 zone here. De Weerd: That is what I said, don't do that. J. Wardle: Madam Mayor, we are committed not to doing barracks and that's why we have come forward with the schematics that we have and the elevations that we have submitted. And with that we would request your approval of the applications that are before you tonight and if you have any further questions, I would be more than happy to answer them. De Weerd: Council, questions? Bird: I have none. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I'm sorry, I don't usually like to ask questions of the applicant, but I'm a little -- he didn't address one question that I still don't understand. If they are going to be condominiumized, Idon't understand the need for the lots on this plat for each four-plex and maybe the applicant can explain the need for those. J. Wardle: Madam Chairman -- Madam Mayor, Anna, Ithink -- I believe the concern here is that it's written in the UDC and, again, you know, with an ordinance that's relatively new, there are issues that we are working through for the first time, but it's my understanding, as I read the condominium provision of the UDC, that the condominiumization can come back through and happen via a short plat process when the building is completed or during construction and if that's the case, what we don't want to find ourselves in is a situation where if this were all an entire single lot -- I know you have had some issues in the past with when can certificates of occupancy be issued on a single lot when you have multiple buildings. At least that's my understanding of the concern. And, again, I was not involved in the early discussions about this. It was our determination, in working with our engineers and with our architects, that it was best to come in, plat these as individual lots, and, then, deal with the condominium issue as they were constructed. and Joe can -- Joe is in a better position to answer that, because he was involved in those discussions early on. Reice: Joe Reice, American West Homes. The real main focus of why they are broken down into lots like that has much to do -- almost everything to do, in addition to what Mr. Wardle said, with the insurability of this project during construction. There has been a big change in the insurance industry over the past few years in building condominiums. It's become very difficult to insure the construction of condominiums because of all the national lawsuits that have occurred through homeowners groups, you know, suing developers after the fact. So, insurance companies have become very wary about i Meridian City Council July 11, 2006 Page 60 of 64 insuring this kind of project, thus, making it very difficult to bring about an affordable project to a community, because if a developer has to pay astronomical insurance costs, he needs to be able to pass those on. This was a way for us to side step that issue. By having a site plan like this it kind of cut through some red tape for us in terms of being able to gain insurance that is more standard insurance and allow us to bring forth a more affordable house to the end user. The other issues, apartments versus condominiums, you know, the master plan -- the Comprehensive Plan, really, in this area would call for apartments to be an appropriate use for this project. We weren't trying to disguise condominiums versus apartments. If our intent was to bring apartments here, we would have brought apartments here and, in fact, in dealing with Caleb Hood, he said, you know, we could support an R-40 zoning here and we could probably support 800 units here, all in a, you know, big four story building with under- building parking and that's just not what we were trying to accomplish here. We are trying to create a statement coming into this community with a project that can be a quality project at an affordable price and -- and we think that through the efforts that we have gone through here with staff, that we have that project. Condominiums are a common construction type all throughout the United States and there are CC&Rs that govern how plumbing issues are dealt with, as Mr. Wardle stated, but we think that the way we have presented this it allows us overall to bring a more affordable project, you know, to the end user. Can people rent them out after they buy them, sure they can. Just like if they bought an R-8 house, they could rent them out. It happens all the time. But we are selling them as condominiums. You know, what happens after that, they have to meet the guidelines of our CC&Rs, so any other questions? De Weerd: Council, any other questions? Bird: I have none. Reice: Thank you. De Weerd: Okay. Council, if you have no further questions, I certainly would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close AZ 06-013, PP 06-011, CUP 06-006. Rountree: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 17 through 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. • • Meridian City Council July 11, 2006 Page 61 of 64 De Weerd: Discussion? Don't all jump at once. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I guess if I don't want to sit here all night, I move that we approve AZ 06-013 and incorporate staff, applicant, and public testimony. Wardle: Second. De Weerd: Okay. I have a motion to approve the application on Item 17. Is there anything discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 18. Canning: Madam Mayor, can I get a clarification on that? Did you want to include the condominium commitment in the development agreement? Bird: I believe so. I believe that was part of the public testimony from the applicant. Canning: Okay. Just wanted to clarify. Bird: Yeah, I did, Anna. De Weerd: Okay. Okay. Item 18. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve PP 06-011, preliminary plat for Canterbury Commons Subdivision and to include all staff, applicant, and public testimony. Wardle: Second. De Weerd: I have a motion to approve Item 18. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Meridian City Council July 11, 2006 Page 62 of 64 De Weerd: Okay. Mr. Bird, Item 19. Bird: Madam Mayor, I move we approve CUP 06-006 for Canterbury Commons and to include all staff, applicant, and public testimony. Wardle: Second. De Weerd: Okay. The motion is to approve Item 19. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 20: Ordinance No. Ordinance: Request to Be Removed First Reading of Impact Fee De Weerd: Okay. Thank you. Okay. Item 20. I understand was requested to be continued. Bird: Just removed. Yeah. De Weerd: Or removed. Okay. Item 21: Ordinance No. 05-1186 A Amendment to Ordinance No. 05-1186: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: De Weerd: And so Item 21. Mr. Berg, will you, please, read this ordinance 05-1186-A by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1186-A, amended ordinance for annexation of property located in the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, 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, as requested by the City of Meridian, establishing and determining the land use zoning classifications of said lands from RUT to R-2, R-4, R-15 and L-O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. • Meridian City Council July 11, 2006 Page 63 of 64 De Weerd: Thank you, Mr. Berg. Is there anyone who would like to hear this ordinance read in its entirety? Seeing none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 05-1186-A with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 21. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Executive Session per Idaho State Code 67-2345 (1)(a) (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) (c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and (fl (to consider and advise its legal representatives in pending litigation): De Weerd: We are at the end of our agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per 67-2345 (1) (a), (1) (c) and (1) (f). Rountree: Second. De Weerd: Okay. I have a motion to adjourn into Executive Session. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Meridian City Council July 11, 2006 Page 64 of 64 Rountree: So moved. Bird: Second. • De Weerd: I have a motion to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I would move that coming out of Executive Session that we add to the agenda a contract with Lombard Conrad Architects and the City of Meridian for the design of Meridian City Hall. Rountree: Second. De Weerd: Okay, I have a motion to approve the contract with LCA. Any discussion? Bird: Madame Mayor that was as the attorney said just to add it to the agenda and then I will make the motion. De Weerd: Oh, sorry. Berg: Professional Service Agreement. Add that. Rountree: Professional Service Agreement. Add that. De Weerd: That is -Clerk (inaudible) for the record what he just said. All those in favor say aye. ALL AYES. MOTION CARRIED. Bird: Now, Madame Mayor if I may I would move that we approve the contract with Lombard Conrad Architects for the design of the new City Hall with the City and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay, I have a motion and a second. Any discussion? Okay, Mr. Berg. Roll Call Vote: Bird, aye; Rountree, aye; Borton, aye; Wardle, aye. ALL AYES. MOTION CARRIED. Meridian City Council July 11, 2006 Page 65 of 64 Rountree: I guess, Madame Mayor for the record should we have in that motion the amount -not to exceed amount? De Weerd: Yeah, there is a percentage listed in the contract. Rountree: Seven percent was it not? Nary: Yes. Bird: Yes, seven percent. Is that what it is Will? Berg: I am looking. (Inaudible discussion) Bird: Yeah, the contract speaks for itself, don't it? Rountree: Just so we knew what we were voting on. I think we all knew, I just wanted to make sure. De Weerd: Okay, we need the Clerk (inaudible) roll call. Berg: I already did the roll call. De Weerd: Oh, you did? Can I have a motion to adjourn? Wardle: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 10:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) / \\\\\\\~~~1~luulUlfs`°° t~ / g ~ ©r~ °°0aso l/ MAYOR Y DE WEERD ,~ ~> ~ ~°'%, DATE APPROVED " ~ ~ LI~M G. BERG JR., TY LERK .,~/~ x.44 ~. '°°°'0~~ffflllll t191111~~~\\\\ • July 7, 2(m6 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 22, 2006 City Council Regular 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 HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • July 7, 2006 MERIDIAN CITY COUNCIL MEETING JUIy 1 1, 2006 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of June 27, 2006 City Council Regular 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 HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 7, 2006 AZ O6-Ol 6 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT MZ Land LLC ITEM NO. 5-C REQUEST Findings -Request for Annexation and Zoning of 5.08 acres from RUT to R-4 zones for Quarterhorse Subdivision - 710 Black Cat Road: AGENCY CITY CLERK: CITY ENGINEER: COMMENTS CITY PLANNING DIRECTOR: See AfFached Flndlnps 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: ~~.. ~~ ~~ rrli~ Date: l-(0"C~ Phone: '7-(fj-Q(p Emailed: 1'V ~~ }~lb,~ ~ r]~~,,o . Ct~ Staff Initials: Materials presented at pubic meetings shag becane properly of the Cfly of Meridian. :~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RECEYG~~ ~uL a ~ zQ~~ '~~ i ~~'a+~f~eridian f «• ~~,~ ~''~_'_~~rk ®1~ice ~~ ~~„a ~w§.~ ~;;a«~ ~_ `i ~q In the Matter of Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) AND Preliminary Plat Approval for 14 single family residential lots and 2 common lots on 5.08 acres by Ryan Carnie. Case No(s). AZ-06-016, PP-06-010 For the City Council Hearing Date of: July 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 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-06-016 and PP-06-010- 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 June 22, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED ~ June 16, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-010- PAGE 2 of 4 • • 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 June 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-010- PAGE 3 of 4 I~ U By action of the City Council at its regular meeting held on the 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, JR., C~ fh day of VOTED__z~~, VOTED__~~~°~C~ VOTED_ ~~~~j VOTED__~~~~C.~ _..._- VOTED `\*~ w ,~~de WEERD ~~o _ ~~~~ ~ °~ ~p .y ~~ ~® ~~~/IIIP111611\t1\ Copy served upon: Applicant Planning Department Public Works Department City Attorney BY~_ ~~ ~ ~_ ~~dJld~ Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-010- PAGE 4 of 4 ..~''e CITY OF MERIDIAN PLANP~ DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 06/22/06 ) ~. STAFF REPORT Hearin Date: June 22 2006 "y"' - g ~ er~w;~~:, ~~~~I~~~~ ~~~ TO Mayor and City Council ,~`~r~~r 1 ~. ~s~ ~~';,, FROM: Joe Guenther, Associate City Planner "'`~y ~.~' '`~~ Jenny Veatch. Associate City Planner =''e t , ~11'"® Meridian Planning Department ~~~ SUBJECT Quarterhorse Subdivision AZ-06-016 Annexation of 5.08 acres from RUT to R-4 PP-06-010 14 Single-family residential lots and 2 other lots VAR-06-008 Variance to cul-de-sac length to 545 feet 1. SiJN11VIARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 5.08 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-4 zone (Medium-Low Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 14 single-family lots all with detached products, and 2 common other lots on 5.08 acres. Amenities for the development include an open space lot and parkway planters adjoining the streets. The applicant is also asking for a variance to the cul-de-sac length to 545 feet to achieve consistent lot configurations and meet the open space requirement. 2. SUMMARY RECOMMENDATION: Staff is recommending approval of the subiect annexation and zoning (AZ-06-016) preliminary plat (PP-06-010) and variance (VAR 06 0081 for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to provide water and sewer to the development via extensions of mains in Black Cat Road. The Meridian Planning and Zoning Commission heard the item on April 20 2006 At the public hearing they moved to recommend approval. The applicant submitted revised preliminary plat site and landscape plans based upon the Planning and Zoning Commission's Recommendations Chances are reflected in bold and underscored in this report On Lne 22 2006 he itv ounetl annrnvpd the a»l,inr} sannlira+:nnc a. Summary of Public Hearing: i. In favor: Ryan Carrie, Lochsa Engineering (Applicant's representative) ii. In opposition: George Haneke iii. Commenting: None iv. Staffpresenting application: Joe Guenther v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Access and turnaround. c. Key Commission Changes to Staff Recommendation: i. Modify the preliminary plat by rotating the proposal east and west so that the cul- de sac shall be to the west and access from W. Quarterhorse Lane to W. Morganhorse Court shall be to the east. Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 1 . r- CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 ii. Post W. Morganhorse Court as not a through street. Please see Exhibit B below for changes. d. Outstanding Issue(s) for City Council: i. The requested variance was not acted on by the Commission. The applicant is requesting to construct a 545 feet cul-de-sac (iJDC-11-6C-B-4 restricts length to 450 feet). PROPOSED MOTIONS (to be considered after the public hearing) Approve I move to approve File Numbers AZ-06-016/PP-06-O10/VAR-06-008 as presented in the staff report for the hearing date of June 22, 2006, and the preliminary plat dated "T°~•°-~'-°- n ~nnc ~-4~a~-3AAb Revised .ILne 16.2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Numbers AZ-06-016/PP-06-O10/VAR-06-008 as presented at the public hearing on June 22, 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.) Continue I move to continue File Numbers AZ-06-016/PP-06-O10/VAR-06-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACT5 a. Site Address/Location: 710 Black Cat Road SE corner of Black Cat Road and Pine Ave. b. Owner M2 Land LLC 1290 Butterfield Rd. San Anselmo, Ca 94960 c. Applicant: Ryan Carrie Lochsa Engineering 1311 W. Jefferson Boise Id 83702 d. Representative: Ryan Carrie e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): i`T°-•°-~~-°- n ~nnc ~ 20A6 Revised JLne 16.2006 2. Date of landscape plan (attached as Exhibit A2): June 14.2006. h. Applicant's Statement/Justification: The proposed overall density (2.75 dwellings per acre). The City's designation of Medium Density Residential anticipates residential densities of Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 06/22/06 3 to 8 dwellings per acre. However, the Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. We believe the project will provide a development which will complement the surrounding land uses and will be compatible with the Castlebrook project to the north and the El Gato Subdivision to the west of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation andlor 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: Apri13 and April 17, 2006 (for Planning & Zoning Commission hearing) and May 29 and June 12, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning & Zoning Commission hearing) and May 26, 2006 (for City Council hearing). e. Applicant posted notice on site by: Apri18, 2006 (for Planning & Zoning Commission hearing) and May 8, 2006 (for City Council hearing). 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Castlebrook Subdivision, R-4 2. East: Vacant- Agricultural- Single Family, Ada County RUT 3. South: UPRR -Ada County RUT 4. West: El Gato Subdivision, R-2 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Trunk main in N. Black Cat Road. Location of water: Water main in N. Black Cat Road. Issues or concerns: None. 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: none. 5. Hazards: None Identified 6. Proposed Zoning: R-4 Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 3 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 06/22/06 7. Size of Property: 5.08 acres 8. Description of Use: 14 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 14 2. Non-residential Lots: Z- common lots/landscaping 3. Common Lots: 2 4. Total Lots: 16 5. Gross Density: 2.75 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet on Black Cat Road, 20 feet on Pine Avenue 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as useable open space: The applicant has defined :~ .28 acres or 3~°,~e 5.51% open space with parkways and Common Lot 4~ 55 Block 1. 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan and parkways are installed consistent with UDC 11-3B h. Required Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 4~ 5 Block 1 as 3,423 sq/ft Street Buffers: Quarterhorse Lane - X89 2,193 sq/ft Morganhorse Court -Parkways -Parkway planters along streets- ~;4~49 9.428 sq/ft total. Minus 26'x 8' x 14 = 2,912 sq/ft for ~~8 6,516 qualified sq/ft for the parkways on single- family detached, street loaded products. The total open space qualified is "~ 12,132 sq/ft qualified open space or 3~1~ 5.51% open space. i. Proposed and Required Residential Standards R-4 (Standards) Setbacks (*all streets local) Proposed Required ** measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage** 15 15 Front Accessed Garage** 20 20 Side 5 5 Rear 15 15 Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Street frontage With garage facing street 60 60 Lot Size -SF detached With garage facing street 8,000 8,000 Maximum Building Height 35 35 Minimum Living Area 1,400 1,400 j. Proposed and Required Non-Residential Non-residential lots are to be used for landscaping and open space. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Black Cat Road and Pine Avenue is prohibited. Access to Black Cat will be through extension and dedication of Quarterhorse Lane, currently a private street with 50' of right of way, a stub street with full services shall be provided to the property west of the site which will remain Quarterhorse Lane, a private street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On March 31, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Meridian Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff fmds that the proposed density of (2.75 d.u./acre) for the subject application does not conform with the Meridian Comprehensive required density. The Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. The roadway construction and required landscape buffers lowers the overall density of the proposed project, but staff believes the project meets the purpose and intent of the Medium Density designation. In the applicant's submittal letter, dated February 15, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 5 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 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 (ACIID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Staff finds that Black Cat Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future public road to the East of the site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25 foot wide landscape buffer along Black Cat Road and a 20 foot wide landscape buffer on Pine Avenue. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Speck Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is providing sidewalks along all internal street systems and a common lot connection to Quarterhorse Lane. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 6 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 All of the properties adjacent to the subject site are designated for Medium Density Residential or Low Density Residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal TV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the intent of the Comprehensive Plan definition of medium density, even though the gross density of 2.75 dwelling units per acre is lower than the stated range of 3 to 8 dwelling units per acre. (See previous discussion.). Staff has reviewed Quarterhorse Subdivision under the Medium Density Residential Meridian Future Land Use Map designation and finds the application consistent with the comprehensive plan designation. Stafffznds that the nronosed zoning and subsequent uses (single-family homes) will be harmonious with and in accordance with the Comprehensive Plan 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists single-family residential development uses as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT (R-4) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 7 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Ordinance, staff believes that this is a good location for the proposed single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on February 15, 2006 by Michael Engbritson, 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 homogenous nature of only residential uses, the submission of a development proposal PP-06-0101 and the compliance with Meridian Citv Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive elan desi~anation and does not ne atg ively impact nearbYQroperties If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: (Connectivity? The stub street from Black Cat Road shall provide connection to the site as well as for future connections east of the site. The access to Black Cat Road is anticipated as the only access point for all four of the RUT parcels which currently take access from Quarterhorse Lane. No direct access is allowed to Black Cat Road is approved outside of the point of connection permitted by ACHD. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: The 25 feet ofright-of--way landscaping on Black Cat Road shall be maintained by the Home Owners Association. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 8 CITY OF MERIDIAN PLANl~r DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 Prior to final plat the applicant shall submit a landscape plan depicting any changes to the landscape plan as detailed by this report. 2.3 Tree Mitigation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals, and Canals• All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Nampa Meridian Irrigation District has requested a Land Use Change Application be flied with the district. 2.5Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is not showing a fencing plan. A detailed fencing plan should be submitted upon application of the fmal plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the fmal plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved Ri t-of-Wad Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or properly line), and road widening is not in the ACRD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Black Cat Road is shown as 23' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of--way lots being landscaped with lawn or other vegetative groundcover, However Black Cat has currently been widened in this area, if the new edge of pavement is within 13' of the landscape lot then the applicant shall not be required to provide the gravel shoulder. 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The applicant is not proposing amenities for this site due to the small size of the development. 2.9 Common Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 9 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 06/22/06 Lot ~ 5 Block 1 as 3,423 sq/ft Roadway Buffers: Quarterhorse Lane - ~A8 2.193 sq/ft Morganhorse Court (parkway) - ~ 6.516 sq/ft The total open space qualified is 12.132 sq/ft qualified open space or 3~ 5.51% open space. 2.10 Variance to cul-de-sac length• The applicant has submitted a Variance application for extending the cul-de-sac length on W. Morganhorse Court from the required UDC-11-6C-B-4 length of 450 feet to 545 feet. The applicant is proposing the length to achieve consistent lot configurations and meet the open space requirement. Providing a cul-de-sac allows the Common Lot 5 to remain with emergency access, rather than eliminating it to provide a second connection to W. Quarterhorse Lane or take access to Black Cat Road/W. Pine Street, both classified roadways. See Section below 3. VARIANCE: The applicant has requested a variance for extending the length of the cul-de- sac on W. Morganhorse Court to 545 feet. The required cul-de-sac length in the Meridian City Unified Development Code is 450 feet. A cul-de-sac allows the applicant to meet the required R-4 standard of 8,000 square feet minimum lot size and also meet the required 5% open space. The subdivision will not take direct access from W. Pine St. or Black Cat Road. Due to the close proximity of the Black Cat/W. Pine St. intersection, staff does not believe that having Morganhorse Court intersect Black Cat Road or W. Pine Street (arterial streets) is a realistic option for this property. The applicant has agreed to post W. Morganhorse Court as not a through street. Please see the variance findings in Exhibit D below. b. Staff Recommendation: Staff recommends approval of AZ-06-016, PP-06-010, and VAR-06- 008 VAR-OS-024 for Quarterhorse Subdivision as presented in the staff report for the hearing date of June 22, 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. On April 20. 2006 the Planning &Zonine Commission voted to recommend approval of the subiect development with the modified conditions hsted m Exlubrt B. ~n June 22 2006 the itv COLnCL annroved the enhiprt annlun.~tinna 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: ~ Reviced ~n 16.2006) 2. Landscape Plan (dated: June 14, 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 Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 10 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 C. Legal Description D. Required Findings from Zoning Ordinance Quarterhorse Subdivision AZ-06-016/PP-06-OIONAR-O6-008 PAGE 11 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 A. Drawings 1. Preliminary Plat (dated: Revised June 16, 2006) ~, SSp•e~ ~ KS:Sk pbi~~ r8a N BLACK CAi AOAb a. mow. .<~ R-fl-w renCfry ..*. ._ iYt i. moPi i ..\ n ' ~ ... • ~ `y I~~.~ 4 : QOM ~. t . LIL6 S~~T p3••~8: ig i~S~ ~ x I. ~` IB9 ia: ,: °a8~ ~ ~ t' d I I .,, ~ ~ .. „ F ir:. ~..~ ~ 9v oen av. '~ ~~I, n - ~.' t9 Y41 ~ ~ I• ._ ~ w _ •fn p wk , ,g ~ w~ e I I t 88y { ~' ~ 3 I ~g" ••8 I a ~B 'Ge -- .mac-.. ~~ .e' ~~ ~- - - - "-`~-- --- -' a •a§ ~ . a , ~ ~ ^as ~ •:a a Fes I ~~~.~ ~i 6 ' arar. Qe ..--p q~ k~~ ~ I I i Y a.. @ ~` gg ~ L1~ l.`.~:2 wH P- ~ >d ' E ~~~~ gg~ ~~' d y8 4 r ~{8 jS~: 1//,i. y as ~ i arc B" ~~ I I I I i (~ ~ ~ ~~~'>>3 AiYSa•D•00I ~ La I I pg I ,.,% : ~ ~° I I I X41 ~ ~~• j ~I fl ~'il IIII~ _ ai. g 5 5 S r~ eA~~1~~~la~~tI11~~~ 6~ ~~_:~. A ~. '~ : ~ vpEU~Attrr~ar ~ ''~°~ 6 e ~ oaArtrew~oreseaue°msmn @~ ~OCH,~ENGINEERING ~ ~~~ ~Yamm e eaneeAasop uw~ swmis, erc 8 ~o f c..u~$.',m°. wo::i=m w-am n. imp N S Quarterhorse Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 2. 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Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled dated "T°-•°°~~-°- °, ~nnc ~ vsted June 16. 2006 prepared by Lochsa Engineering, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-016) shall also be considered conditions of the Preliminary Plat (PP-06-010). 1.1.2 The applicant shall construct a 25-foot landscape buffer along Black Cat Road and a 20-foot landscape buffer on Pine Avenue, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Black Cat Road or Pine Avenue as required by ACRD. A note shall be placed on the final plat restricting access to Black Cat Road and Pine Avenue. 1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to any changes required by this report. 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. 1.1.5 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.6 The submitted landscape plan prepared by Bailey Engineering, dated February 14, 2006 is approved. The following should be included in the final landscape plan: • All parkway landscaping shall be consistent with UDC 11-3B-7 • The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. • Provide parkway trees on the internal streets as proposed. All parkway trees shall be Class II trees. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.7 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.8 Maintenance of all common areas shall be the responsibility of the Quarterhorse Subdivision Homeowners' Association. 1.1.9 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class Exhibit B Page 1 CITY OF MERIDIAN PLANI~i DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 II trees. The applicant shall coordinate tree placement along W. Quarterhorse Lane with the Meridian Parks Arborist. 1.1.10 The applicant shall modify the nreliminary plat by rotative the proposal east and west so that the cul-de sac shall be to the west and access from W Ouarterhorse Lane to W Moreanhorse Court shall be to the east. 1.1.11 The auplicant shall host W. Moreanhorse Court as not a through street 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers litigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Black Cat Road. The applicant shall install mains to and through this project, coordinate main size and Exhibit B Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF 06/22/06 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 Conceptual sewer profiles show a change of grade in a main line without a manhole, this shall not be allowed. 2.3 Minimum grade on dead end runs shall be 0.6%. 2.4 Water service to this site is being proposed via extension of mains in N. Black Cat Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 If any of the existing houses are to remain then the applicant shall be responsible for the payment of assessments and the actual physical hook-up for that house to the municipal services. 2.6 The applicant shall submit concurrently with final plat application, a detailed groundwater report. If groundwater is as shallow as intimated by the letter from GeoTek, a grading and drainage plan may be required. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be required prior to scheduling of apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 All existing structures spanning lot lines or not meeting setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 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 Exhibit B Page 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 06/22/06 approved by the Meridian City Engineer prior to final plat signature. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.23 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. 2.24 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. 2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. T'he Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Exhibit B Page 4 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance ([JDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construct the Quarterhorse Lane as a 36-foot street section within 50-feet ofright-of--way. A minimum of 24-feet of pavement should be constructed with this application with full improvements on the north side. 50-feet ofright-of--way should be dedicated with this application. 7.2 Construct a temporary turnaround at the stub of Ouarterhorse Lane• or relocate the intersection of Ouarterhorse Lane to within 150-feet of the edEe of pavement (east property linel for the stub to the east. Exhibit B Page 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 7.3 . 'onstruct a 5- foot wide detached sidewalk within the right-of-wav alone Black Cat Road to be no closer than 41-feet from center line. 7.4 Dedicate 48-feet of right-of--wav from the centerline of Black Cat Road abuttine the parcel by means of a warranty deed. The right-of--wav purchase and sale aereement and deed must be completed and siened by the applicant prior to scheduline the final plat for sienature by the ACRD Commission or prior to issuance of a buildine permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right of way dedication after receipt of all requested material The owner will be paid the fair market value of the right-of-wav dedicated which is an addition to e~stine ACRD right of way if the owner submits a letter of application to the impact fee administrator prior to breakine ground. in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200 , if funds are available 7.5 Construct Pine Avenue to one half of a 36-foot street section (residential collector) within 50-feet ofright-of--way with vertical curb, Butter, and 5-foot attached sidewalk abuttine the site 10- feet ofright-of--way should be dedicated with this application. 7.6 Construct Morganhorse Court as a 29-foot street section within 50-feet of ri ht-of-wav with vertical curb, Butter, and a 5-foot attached sidewalk. Parkine will be restricted to one side of the roadway, and fire department approval is required 7.7 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.8 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.9 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.10 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.11 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.12 Comply with the District's Tree Planter Width Interim Policy. 7.11 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. 7.13 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B Page 6 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 7.14 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.15 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.16 Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.17 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 7.18 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.19 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TEARING DATE OF 06/22/06 Ezhibit C. Legal Description E~ ENGEBRITSONLAIV D SURVEYS, ING 2251 S. Sumac Street, $oi~, Idaho 8370& Telephone (208) 859-6032 Fax (208) 383-0892 February 15, 2006 Quartert}ourse Subdivision Project No. 251067 5.08 acxes or 221,193 s.f., more or 1~ Quarfe-horse Subdnr~slon A trot of land situated witlrin the Northwest'/. of the S~~t'/. of Sermon 10, Township 3 North. Rar-gs 1 Went, Merklian, Ada County, Idatro, described as folbws: Commen~ng at a found aluminum cap marumentir~ the S~west rimer of said the westerly line of said S~thq~st'/,and tfm center Gne of Nortl~ BI~Ic Cat Road N ~~25'~1as Easy a distance of 2652.137 feet to a found Mass eap monumenting the West +/, comer of said SecBon 10 and the cen~r Witte mtier of said North Black Cat Road and West p~ Avenue, the POINT OF BEGINNING. Thence easterly along the center line of said (Nest Rine Avenue and ills rtortlterfy Gne of said So>dttwest % of Sion 90, South &9°-24'-~° East a distancsr of 525.10 feet to a found steel pin; Thence leaving said wte South (~°-25'-10° ~l~t a distance of 420.45 feet to a found steel pin; Thence North ~°~q'-5p° dyed a distancre of 525.10 feet to a f+~nd s~ p~ on gm r ~e of s~ald Sam Blab Cat Road and the westerly brie of said Southwest ~~ Thence northerly alo-~ said center Nne and said westerly line North 00° 25'-10' Est a dis~nce of 422.03 tint b die POINT OF BEGINNNVG. Theabove-desx~bed tract of land contains 5.~ yes tyre or less, abject to aA eaast~tg easemer~ ~ ru~'Y. ~~/ 8 ~,~~ VPI~L.~ ~a ~ W ORKS DEP7'C C.IELSIPRQJECTS'~51087L4pM(pftlEGJ11.S12590878QRY.D~ Exhibit C Page 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TEARING DATE OF 06/22/06 EXHIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-SB-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4 Medium-Low Density Residential District. Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Council fords that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Meridian Comprehensive Plan and Future Land Use Map, which designates the SE corner of at Black Cat Road and Pine Ave to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan. Council fords that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site. Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying Preliminary Plat application is approved. Council finds that the single-family homes would be allowed (permitted) within the requested R-4 district. The entire site is being proposed as residential and upon build-out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses east of the site in the El Gato development and the adjacent county parcels to the east, also with Medium Density Residential Comprehensive Plan designations. Council fords that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not ford that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, staff does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council should rely on any oral or written testimony that maybe provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit E Page I CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TI-1~EARING DATE OF 06/22/06 to, school districts; and, The abutting roadway Black Cat Road is in ACHD's Five Year Work Program or CIP (20-year plan) for road widening and has recently been upgraded Pine Avenue was widened to accommodate the Castlebrook development. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. However, the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the azea. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B. On March 31, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council should rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (LJDC 11-SB-3.E). Due to the residential nature of the general vicinity, the project's conformance to the Unified Development Code, and the applicant's agreement to abide by the conditions of approval contained in this staff report, Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord Exhibit E Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council fords that the granting of a variance to the property will grant a right or privilege that is not otherwise allowed in the district. However, there are existing site constraints which justify a longer cul-de-sac on this site. The subject property is located on the southeast corner of Pine Avenue and Black Cat Road. The property has minimal frontage on Black Cat Road and Pine Avenue, both classified roadways. Due to the close proximity of the Black Cat/Pine Avenue intersection and the minimal amount of frontage this site has, Council does not believe that having Morganhorse Court intersect Pine Avenue or Black Cat Road is a realistic option for this property. The City and ACRD generally try to limit access points to arterials, especially at major intersections. Council believes that granting the subject variance is a better option than requiring a public street connection to the adjacent public street so close to the intersection. B. The variance relieves an undue hardship because of characteristics of the site; In this case, Council believes that strict compliance with the City's maximum cul-de-sac length would effectively hamper the re-development of the subject property for residential use. It is simply not efficient to meet the City's established standards and obtain the full development potential of this site without granting the variance. Due to the dimensions of the subject parcel and the close proximity to the PineBlack Cat Road Exhibit E Page 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 intersection, strict compliance would result in an extraordinary hardship to the developer and hamper the re-development of the subject site. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac length to be extended would not be detrimental to the public health, safety, and/or welfare. Exhibit E Page 4 July 7, 2006 PP 06-010 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT M2 Land LLC ITEM NO. 5-D REQUEST Findings -Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision - 710 Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached findings OTHER: Contacted: ~yQ Y1 [iQ,rlPl i L Date: -~O-OC.D Phone: tea, ~ I ~ ~ Emailed: ~~(,~ ~~ ~h .(~~ Staff Initials Materials presented at pubUc meetin~a scroll become properly of the CNy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~ECEiVEL JUL Q 6 1~~6 ~~.~-M.~f1i/leridian ~ ~~'~~3~~lerk ice e:~r,~ ~s~~l _ .:'~ ~~ .,~ "{3: o~•~ , ~. In the Matter of Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) AND Preliminary Plat Approval for 14 single family residential lots and 2 common lots on 5.08 acres by Ryan Carnie. Case No(s). AZ-06-016, PP-06-010 For the City Council Hearing Date of: July 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 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-06-016 and PP-06-010- PAGE 1 of 4 ~1 U n U 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 June 22, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED ~; June 16, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-010- PAGE 2 of 4 • 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 June 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-010- PAGE 3 of 4 ~ ~ By action of the City Council at its regular meeting held on the j ~ ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED_CJ~~,Ir~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_C~~w COUNCIL MEMBER KEITH BIRD VOTED_ (i~~ TIE BREAKER MAYOR TANIMY de WEERD VOTED '~ 1V~~'fl~~~~MY de WEERD r ATTEST: ;~`~ ~ ~~~ °',, ~~ > ~, o ~~~~ ,~,e~L. e WILLIAM G. BERG, J ., C ALE r, ~. $~ P~S~Sa/ f~ ~ 1 ®~~~~4~s Copy served upon: ~ Applicant ~f~Earsot f19ElFry Planning Department Public Works Department City Attorney BY~ Dated: ~ " ~ ~ ' ®~l rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-010- PAGE 4 of 4 ~ ~. ,w CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR TI~[EARING DATE OF 06/22/06 STAFF REPORT Hearing Date: June 22, 2006 TO Mayor and City Council FROM: Joe Guenther, Associate City Planner Jenny Veatch, Associate City Planner Meridian Planning Department SUBJECT Quarterhorse Subdivision AZ-06-016 .,~ N ~, '~ e(~3'ste~ ~RNOI~~'~~ ~~ ~ ~~~~~ 4 I[3,°eti~9 - -- -- Annexation of 5.08 acres from RUT to R-4 PP-06-010 14 Single-family residential lots and 2 other lots VAR-06-008 Variance to cul-de-sac length to 545 feet 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 5.08 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-4 zone (Medium-Low Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 14 single-family lots all with detached products, and 2 common/other lots on 5.08 acres. Amenities for the development include an open space lot and parkway planters adjoining the streets. The applicant is also asking for a variance to the cul-de-sac length to 545 feet to achieve consistent lot configurations and meet the open space requirement. 2. SUMMARY RECOMMENDATION: Staff is recommending approval of the subject annexation and zonin¢ (AZ-06-0161 preliminary plat (PP-06-010) and variance (VAR 06 008 for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to provide water and sewer to the development via extensions of mains in Black Cat Road. The Meridian Planning and Zoning Commission heard the item on April 20 2006 At the public hearing thev moved to recommend approval. The appllcant submitted revised preliminary plat site and landscape plans based upon the Plamm~~ and Zoning Commission's Recommendations Changes are reflected in bold and underscored m this report On JLne 22 2006 he itv ounc~l annrnvpd the c»hiort annli~afinne a. Summary of Public Hearing: i. In favor: Ryan Carrie, Lochsa Engineering (Applicant's representative) ii. In opposition: George Haneke iii. Commenting: None iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Access and turnaround. c. Key Commission Changes to Staff Recommendation: i. Modify the preliminary plat by rotating the proposal east and west so that the cul- de sac shall be to the west and access from W. Quarterhorse Lane to W. Morganhorse Court shall be to the east. Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 1 r' CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 ii. Post W. Morganhorse Court as not a through street. Please see Exhibit B below for changes. d. Outstanding Issue(s) for City Council: i. The requested variance was not acted on by the Commission. The applicant is requesting to construct a 545 feet cul-de-sac (UDC-11-6C-B-4 restricts length to 450 feet). PROPOSED MOTIONS (to be considered after the public hearing) Approve I move to approve File Numbers AZ-06-016/PP-06-O10/VAR-06-008 as presented in the staff report for the hearing date of June 22, 2006, and the preliminary plat dated,.T,..•°-~-'-°° n ~nnc Revised June 16.2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Numbers AZ-06-016/PP-06-O10/VAR-06-008 as presented at the public hearing on June 22, 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.) Continue I move to continue File Numbers AZ-06-016/PP-06-O10/VAR-06-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 710 Black Cat Road SE corner of Black Cat Road and Pine Ave. b. Owner M2 Land LLC 1290 Butterfield Rd. San Anselmo, Ca 94960 c. Applicant: Ryan Carnie Lochsa Engineering 1311 W. Jefferson Boise Id 83702 d. Representative: Ryan Carnie e. Present Zoning: COiJNTY- RUT £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): *T°-•°-~~.°-. n ~nnc ~ ~AA6 Revised June 16.2006 2. Date of landscape plan (attached as Exhibit A2): ~ June 14.2006. h. Applicant's Statement/Justification: The proposed overall density (2.75 dwellings per acre). The City's designation of Medium Density Residential anticipates residential densities of Quarterhorse Subdivision AZ-06-016/PP-06-01 ONAR-06-008 PAGE 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 3 to 8 dwellings per acre. However, the Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. We believe the project will provide a development which will complement the surrounding land uses and will be compatible with the Castlebrook project to the north and the El Gato Subdivision to the west of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Apri13 and April 17, 2006 (for Planning & Zoning Commission hearing) and May 29 and June 12, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning & Zoning Commission hearing) and May 26, 2006 (for City Council hearing). e. Applicant posted notice on site by: Apri18, 2006 (for Planning & Zoning Commission hearing) and May 8, 2006 (for City Council hearing). 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Castlebrook Subdivision, R-4 2. East: Vacant- Agricultural- Single Family, Ada County RUT 3. South: UPRR -Ada County RUT 4. West: El Gato Subdivision, R-2 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Trunk main in N. Black Cat Road. Location of water: Water main in N. Black Cat Road. Issues or concerns: None. 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: none. 5. Hazards: None Identified 6. Proposed Zoning: R-4 Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF 06/22/06 7. Size of Property: 5.08 acres 8. Description of Use: 14 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 14 2. Non-residential Lots: 2- common lots/landscaping 3. Common Lots: 2 4. Total Lots: 16 5. Gross Density: 2.75 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet on Black Cat Road, 20 feet on Pine Avenue 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as useable open space: The applicant has defined ~ .28 acres or C~'TTC 5.51 % open space with parkways and Common Lot ~ 5 Block 1. 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan and parkways are installed consistent with UDC 11-3B h. Required Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot ~ 5 Block 1 as 3,423 sq/ft Street Buffers: Quarterhorse Lane - ~(~ 2,193 sq/ft Morganhorse Court -Parkways -Parkway planters along streets- I;4~49 9,428 sq/ft total. Minus 26'x 8' x 14 = 2,912 sq/ft for ~8 6,516 qualified sq/ft for the parkways on single- family detached, street loaded products. The total open space qualified is "~ 12,132 sq/ft qualified open space or 3~ 5.51% open space. i. Proposed and Required Residential Standards R-4 (Standards) Setbacks (*all streets local) Proposed Required ** measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage** 15 15 Front Accessed Garage** 20 20 Side 5 5 Rear 15 15 Quarterhorse Subdivision AZ-06-016/PP-06-01 ONAR-06-008 PAGE 4 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Street frontage With garage facing street 60 60 Lot Size -SF detached With garage facing street 8,000 8,000 Maximum Building Height 35 35 Minimum Living Area 1,400 1,400 j. Proposed and Required Non-Residential Non-residential lots are to be used for landscaping and open space. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Black Cat Road and Pine Avenue is prohibited. Access to Black Cat will be through extension and dedication of Quarterhorse Lane, currently a private street with 50' of right of way, a stub street with full services shall be provided to the property west of the site which will remain Quarterhorse Lane, a private street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On March 31, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Meridian Comprehensive Plan Future Land Use Map. ]n Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff fords that the proposed density of (2.75 d.u./acre) for the subject application does not conform with the Meridian Comprehensive required density. The Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. The roadway construction and required landscape buffers lowers the overall density of the proposed project, but staff believes the project meets the purpose and intent of the Medium Density designation. In the applicant's submittal letter, dated February 15, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 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 Zands 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 northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject Zands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Staff finds that Black Cat Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future public road to the East of the site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25 foot wide landscape buffer along Black Cat Road and a 20 foot wide landscape buffer on Pine Avenue. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is providing sidewalks along all internal street systems and a common lot connection to Quarterhorse Lane. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goa11V, Objective C, Action 1) Quarterhorse Subdivision AZ-06-016/PP-06-O10/VAR-06-008 PAGE 6 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TEARING DATE OF 06/22/06 All of the properties adjacent to the subject site are designated for Medium Density Residential or Low Density Residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal TV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian FutuYe Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the intent of the Comprehensive Plan definition of medium density, even though the gross density of 2.75 dwelling units per acre is lower than the stated range of 3 to 8 dwelling units peY acre. (See previous discussion.). Staff has reviewed Quarterhorse Subdivision under the Medium Density Residential Meridian Future Land Use Map designation and ,finds the application consistent with the comprehensive plan designation. Stafffinds that the nronosed zoning and subsequent uses (single- anvil homes) will be harmonious with and in accordance with the Comprehensive Plan 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists single-family residential development uses as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT (R-4) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Quarterhorse Subdivision AZ-06-016/PP-06-01 ONAR-06-008 PAGE 7 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Ordinance, staff believes that this is a good location for the proposed single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on February 15, 2006 by Michael Engbritson, 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 homogenous nature of only residential uses, the submission of a development proposal (PP-06-0101 and the compliance with Meridian Citv Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not neQativel~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. 2. PRELIlVIINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: (Connectivitvl The stub street from Black Cat Road shall provide connection to the site as well as for future connections east of the site. The access to Black Cat Road is anticipated as the only access point for all four of the RUT parcels which currently take access from Quarterhorse Lane. No direct access is allowed to Black Cat Road is approved outside of the point of connection permitted by ACHD. 2.2. Landsca~ing_ Staff is generally supportive of the landscaping design with the following considerations: The 25 feet ofright-of--way landscaping on Black Cat Road shall be maintained by the Home Owners Association. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 8 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF 06/22/06 Prior to final plat the applicant shall submit a landscape plan depicting any changes to the landscape plan as detailed by this report. 2.3 Tree Miti ation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Nampa Meridian Irrigation District has requested a Land Use Change Application be flied with the district. 2.5 Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencine: The applicant is not showing a fencing plan. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved Ri t-of-Wad Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Black Cat Road is shown as 23' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of--way lots being landscaped with lawn or other vegetative groundcover, However Black Cat has currently been widened in this area, if the new edge of pavement is within 13' of the landscape lot then the applicant shall not be required to provide the gravel shoulder. 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The applicant is not proposing amenities for this site due to the small size of the development. 2.9 Common Oren Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 9 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 06/22/06 Lot ~ 5 Block 1 as 3,423 sq/ft Roadway Buffers: Quarterhorse Lane - X689 2,193 sq/ft Morganhorse Court (parkway) - 6,516 sq/ft The total open space qualified is 12,132 sq/ft qualified open space or 3~ 5.51% open space. 2.10 Variance to cul-de-sac length: The applicant has submitted a Variance application for extending the cul-de-sac length on W. Morganhorse Court from the required UDC-11-6C-B-4 length of 450 feet to 545 feet. The applicant is proposing the length to achieve consistent lot configurations and meet the open space requirement. Providing a cul-de-sac allows the Common Lot 5 to remain with emergency access, rather than eliminating it to provide a second connection to W. Quarterhorse Lane or take access to Black Cat Road/W. Pine Street, both classified roadways. See Section below 3. VARIANCE: The applicant has requested a variance for extending the length of the cul-de- sac on W. Morganhorse Court to 545 feet. The required cul-de-sac length in the Meridian City Unified Development Code is 450 feet. A cul-de-sac allows the applicant to meet the required R-4 standard of 8,000 square feet minimum lot size and also meet the required 5% open space. The subdivision will not take direct access from W. Pine St. or Black Cat Road. Due to the close proximity of the Black Cat/W. Pine St. intersection, staff does not believe that having Morganhorse Court intersect Black Cat Road or W. Pine Street (arterial streets) is a realistic option for this property. The applicant has agreed to post W. Morganhorse Court as not a through street. Please see the variance findings in Exhibit D below. b. Staff Recommendation: Staff recommends approval of AZ-06-016, PP-06-010, and VAR-06- 008 VAR-OS-024 for Quarterhorse Subdivision as presented in the staff report for the hearing date of June 22, 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. On April 20. 2006 the Planning &Zonin~ Commission voted to recommend approval of the subiect development with the modified conditions listed in Exhibit B. On J one 22.2006 the City .ounc'1 approved the subiect annlicatinns_ 11. EXI~ITS A. Drawings 1. Preliminary Plat (dated: ~ Revised June 16.2006) 2. Landscape Plan (dated: June 14, 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 Quarterhorse Subdivision AZ-06-016/PP-06-01 ONAR-06-008 PAGE ] 0 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 C. Legal Description D. Required Findings from Zoning Ordinance Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 11 CITY OF MERIDIAN PLANl~; DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 06/22/06 A. Drawings 1. Preliminary Plat (dated: Revised June 16, 2006) - ... ~` i lI ~. ~~. ~ i ~~~ .<' a~ ~6~ x~ ,~~~;} ,, ~~~ ;~~ L Nk f f 1 t;> ~-- v -A-pr: ~~ I im is I ~w I 1 H I I I I ttuc aol o- ~;R~ ~ 6' ~~O~i~~s~9A ~~~~ ~~4 ~~~ ~~~3 ~~~ ,.... ro ~~ e ~ ~'il i ~ ~~~ ~a y S ~, g ~ ~ a $ ~ ~ h ~ ~ ~Q p Q ~ ~ ~g` ~ g ~ e A ~@~ i ~ ^~'- R~6 ~ ~ S ~ ~ ~ z A ~ g ~ ~ a p dfi o 9° ~ 3a~ e r n R$ ~ a a ~ ~€ ~~ ~ s c~ ¢ 3s ~ I~ i ~ s8 eYYSeD.oO LB III BSI I L1 J' ' I I I I I' I I R~ R ~I . I $~d~~~~9~"~re ~~~ - RJ ~9Q~~~tlC~e -- Ri. I a gg da ~ p8~9~~~y~ @k t~~ ~ B g&~~ d g 4 $'..:r v L ~ ~ $H _ a '.~~ o ~ ~ "~m°"~. PRELkaNAgY PGT •'~nRretxortsasusuma~pH ~~OCNSAENGINEERING ~ ~ S ~E~ V .... ~m ra .., „m, ,.~ p ~ ~ mm Quarterhorse Subdivision Exhibit A Page 1 N B/,gCN C4T FQAp CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 06/22/06 2. Landscape Plan (dated: June 14, 2006) ~ 1'1 N. eIACN CAi ROAD tp .' ~RS i I I I i'. 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Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled dated "T°-~°---~-°- n, ~nnc ~ evised June 16. 2006 prepared by Lochsa Engineering, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-016) shall also be considered conditions of the Preliminary Plat (PP-06-010). 1.1.2 The applicant shall construct a 25-foot landscape buffer along Black Cat Road and a 20-foot landscape buffer on Pine Avenue, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Black Cat Road or Pine Avenue as required by ACRD. A note shall be placed on the final plat restricting access to Black Cat Road and Pine Avenue. 1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to any changes required by this report. 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. 1.1.5 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the fmal plat. 1.1.6 The submitted landscape plan prepared by Bailey Engineering, dated February 14, 2006 is approved. The following should be included in the final landscape plan: • All parkway landscaping shall be consistent with UDC 11-3B-7 • The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. • Provide parkway trees on the internal streets as proposed. All parkway trees shall be Class II trees. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.7 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.8 Maintenance of all common areas shall be the responsibility of the Quarterhorse Subdivision Homeowners' Association. 1.1.9 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class Exhibit B Page 1 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TII~EARING DATE OF 06/22/06 II trees. The applicant shall coordinate tree placement along W. Quarterhorse Lane with the Meridian Parks Arborist. 1.1.10 The applicant shall modify the preliminary plat by rotatine the proposal east and west so that the cul-de sac shall be to the west and access from W Ouarterhorse Lane to W Mor~anhorse Court shall be to the east. 1.1.11 The applicant shall post W. Mor~anhorse Court as not a through street 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Black Cat Road. The applicant shall install mains to and through this project, coordinate main size and Exhibit B Page 2 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 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 Conceptual sewer profiles show a change of grade in a main line without a manhole, this shall not be allowed. 2.3 Minimum grade on dead end runs shall be 0.6%. 2.4 Water service to this site is being proposed via extension of mains in N. Black Cat Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 If any of the existing houses are to remain then the applicant shall be responsible for the payment of assessments and the actual physical hook-up for that house to the municipal services. 2.6 The applicant shall submit concurrently with final plat application, a detailed groundwater report. If groundwater is as shallow as intimated by the letter from GeoTek, a grading and drainage plan may be required. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be required prior to scheduling of apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 All existing structures spanning lot lines or not meeting setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 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 Exhibit B Page 3 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 approved by the Meridian City Engineer prior to final plat signature. Z.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.23 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. 2.24 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. 2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Exhibit B Page 4 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of App~•oval 7.1 Construct the Quarterhorse Lane as a 36-foot street section within 50-feet ofright-of--way. A minimum of 24feet of pavement should be constructed with this application with full improvements on the north side. 50-feet ofright-of--way should be dedicated with this application. 7.2 Construct a temporary turnaround at the stub of Ouarterhorse Lane• or relocate the intersection of Ouarterhorse Lane to within 150-feet of the edge of pavement (east property line) for the stub to the east. Exhibit B Page 5 CITY OF MERIDIAN PLANl'~i DEPARTMENT STAFF REPORT FOR TllIEARING DATE OF 06/22/06 7.3 onstruct a 5- foot wide detached sidewalk within the right-of-wav alone Black Cat Road to be no closer than 41-feet from center line. 7.4 Dedicate 48-feet of right-of--wav from the centerline of Black Cat Road abuttine the parcel 1~means of a warranty deed. The right-of-wav purchase and sale aereement and deed must be completed and siened by the applicant prior to scheduline the final plat for sienature by the ACRD Commission or prior to issuance of a buildine Hermit (or other required permits). wluchever occurs fast. Allow up to 30 business davs to process the right of wav dedication after receipt of all requested material The owner will be paid the fair market value of the right-of-wav dedicated which is an addition to e~stine ACRD right of wav if the owner submits a letter of application to the impact fee administrator prior to breakine ground. in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200 , if funds are available 7.5 Construct Pine Avenue to one half of a 36-foot street section (residential collector) within 50-feet ofright-of--way with vertical curb. Butter, and 5-foot attached sidewalk abuttine the site 10- feet ofright-of--way should be dedicated with this application. 7.6 Construct Morganhorse Court as a 29-foot street section within 50-feet of right-of-wav with vertical curb, Butter. and a 5-foot attached sidewalk. Parkine will be restricted to one side of the roadwav, and fire department approval is required 7.7 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.8 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.9 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.10 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.11 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.12 Comply with the District's Tree Planter Width Interim Policy. 7.11 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. 7.13 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B Page 6 CITY OF MERIDIAN PLANP~i DEPARTMENT STAFF REPORT FOR TllfEARING DATE OF 06/22/06 7.14 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.15 Construction, use and property development shall be in conformance with all applicable requirements of the Ada. County Highway District prior to District approval for occupancy. 7.16 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. 7.17 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.18 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.19 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Exhibit C. Legal Description EL,f,J ENGEBRITSONLAIV D SURVEYS, I1VG 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 Fax (208} 3$3-0892 February 15, 2006 Quarterhourse Subdivision Project No. 251087 5.0$ acres or 221,193 s.f., more or ~ Quarterhorse Subdnns/on A tract of land si4rated within the Norfhyuest'/. of the Boise Meridian, Ada County, Idaho, described as fol~~'/• of Section 10, Township 3 Narlh, Range 1 Waat, Commenting at a found alumkwm ,qp trrarumenh~ the Southwest comer of said ~ ~terly ~ of ~ ~t % and the canter line of Nortlr hack ~t Ram Sin 10, thence grortherly aksny 2652.87 feet to a iourrd Mass cap monumenting the West'/. comer of said Mahh ~ ~'-10° East a distancar of of said North Black Cat Rom artd 4y~t p~ Avg, the POINT OF BEGINN~on 10 and the center titre mtersecdion Them ~t~rly along the center Gne of said West Pine Avenue and the norther( , Section 10, South 89°-24'-30° East a distanoe of 525.10 feat to a found steel piny ~ of said Southwest /. of Therm leavir~ said ~ South ~°-25'-10° Wit a distance of 42D.45 feet to a fmmd steel pin; Thence Nord 89°34'-50' West a distance of 525.10 feet to a iwmd steel pin ~ t1m . fine of sad Gat Road and the westerly time of saki SauBrweat y.; Thence nortlterl}r alo-~ said otter krre and said westerly tine Narlh ~° 25'-10' Fit a fiance of 422Q3 few ~ the POINT OF BEGINNING. Theabove-deed ira~ of land 5.B$ ~ or less, ~bj~t to aU egg ~ ~ ~~f, ~v/ REVD ~A~-` BY G~ ~~ PAEr21DiAN DEPjIC yyDRKS C:IELSIPRQJECT512510871ADAAlFft#.EC~AI.S#~510676~tY.D~ Exhibit C Page I CITY OF MERIDIAN PLANl~~ DEPARTMENT STAFF REPORT FOR TF,IEARING DATE OF 06/22/06 EXHIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-SB-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4 Medium-Low Density Residential District. Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Council fmds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Meridian Comprehensive Plan and Future Land Use Map, which designates the SE corner of at Black Cat Road and Pine Ave to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan. Council fmds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site. Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying Preliminary Plat application is approved. Council finds that the single-family homes would be allowed (permitted) within the requested R-4 district. The entire site is being proposed as residential and upon build-out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses east of the site in the El Gato development and the adjacent county parcels to the east, also with Medium Density Residential Comprehensive Plan designations. Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, staff does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council should rely on any oral or written testimony that may be provided when determining this fmding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit E Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TI•IEARING DATE OF 06/22/06 to, school districts; and, The abutting roadway Black Cat Road is in ACHD's Five Year Work Program or CIP (20-year plan) for road widening and has recently been upgraded Pine Avenue was widened to accommodate the Castlebrook development. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. However, the Commission and Council rely on stars analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B. On March 31, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council should rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (LJDC 11-5B-3.E). Due to the residential nature of the general vicinity, the project's conformance to the Unified Development Code, and the applicant's agreement to abide by the conditions of approval contained in this staff report, Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord Exhibit E Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property will grant a right or privilege that is not otherwise allowed in the district. However, there are existing site constraints which justify a longer cul-de-sac on this site. The subject property is located on the southeast corner of Pine Avenue and Black Cat Road. The property has minimal frontage on Black Cat Road and Pine Avenue, both classified roadways. Due to the close proximity of the Black Cat/Pine Avenue intersection and the minimal amount of frontage this site has, Council does not believe that having Morganhorse Court intersect Pine Avenue or Black Cat Road is a realistic option for this property. The City and ACHD generally try to limit access points to arterials, especially at major intersections. Council believes that granting the subject variance is a better option than requiring a public street connection to the adjacent public street so close to the intersection. B. The variance relieves an undue hardship because of characteristics of the site; In this case, Council believes that strict compliance with the City's maximum cul-de-sac length would effectively hamper the re-development of the subject property for residential use. It is simply not efficient to meet the City's established standards and obtain the full development potential of this site without granting the variance. Due to the dimensions of the subject parcel and the close proximity to the Pine/Black Cat Road Exhibit E Page 3 CITY OF MERIDIAN PLANP~ DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 06/22/06 intersection, strict compliance would result in an extraordinary hardship to the developer and hamper the re-development of the subject site. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac length to be extended would not be detrimental to the public health, safety, and/or welfare. Exhibit E Page 4 ~ ~ July 7, 2006 VAR 06-008 MERIDIAN CITY COUNCIL MEETING Jvly 11, 2006 APPLICANT AA2 Land, LLC ITEM NO. S-E REQUEST Findings -Request for a Variance to the maximum Cul-de-sac length requirement for Quarterhorse Subdivision - 710 Black Cat 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 SCWOOL 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 Aftached Findings Contacted: '~yq~ ~ Date: '~-~Q CAD Phone: ~~= (lam ~ Emailed: _rUal~ IaChsa idaha.Co'r~ Staff Initials:~Pi Materiels presented of pub8c meetings shop become property of the City of Meriden. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • R,~CEI~ JUL Q 6 2006 ~~t~' F~f Meridian ~~~ ~'s~~ Clerk Oflice d rmc rik~ siriil ~ ~_ ,, ~~ •,~. ~~ ~°tiry f ~~,~q '" In the Matter of Variance request for increase in cul-de-sac length from 450 feet to 545 feet in a proposed R-4 zone for Quarterhorse Subdivision, by Ryan Carrie. Case No(s). VAR-06-008 For the City Council Hearing Date of: July 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-008- PAGE 1 of 3 • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the all in the attached findings in the Staff Report for the hearing date of June 22, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for increase in cul-de-sac length from 450 feet to 545 feet in a proposed R-4 zone is hereby approved. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, an approval 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 approval of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of June 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-008- PAGE 2 of 3 By action of the City Council at its regular meeting held on the 2006. i -- day of COUNCIL MEMBER SHAUN WARDLE VOTED C~QGt.~ COUNCIL MEMBER JOE BORTON VOTED v ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ <~~~~ COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER `~~, MAYOR TAMMY de WEERD VOTED ,~MA~ ~'F~ ,,~ ~o'pde WEERD ATTEST: ~® ~~~ ~ ''% ~i ~~.. ~ ~ ~~~~ LLIAM G. BERG, JR., C CITE ~ ~ /,~! ®~®d Copy served upon: / Applicant~~''~/u,,,s~o~ p~;,~~o~`~°`~~, / Planning Department / Public Works Department / City Attorney BY' Dated: ~ ~ ~~ - Q l~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA5E NO(S). VAR-06-008- PAGE 3 of 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TI~fEARING DATE OF 06/22/06 STAFF REPORT Hearing Date: June 22, 2006 TO Mayor and City Council FROM: Joe Guenther, Associate City Planner Jenny Veatch, Associate City Planner Meridian Planning Department SUBJECT Quarterhorse Subdivision AZ-06-016 .~ ~~ - _ "~~~ ..;~. ~4, ,~~ `°qr;b, --~° Annexation of 5.08 acres from RUT to R-4 PP-06-010 14 Single-family residential lots and 2 other lots VAR-06-008 Variance to cal-de-sac length to 545 feet 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 5.08 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-4 zone (Medium-Low Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 14 single-family lots all with detached products, and 2 common/other lots on 5.08 acres. Amenities for the development include an open space lot and parkway planters adjoining the streets. The applicant is also asking for a variance to the cal-de-sac length to 545 feet to achieve consistent lot configurations and meet the open space requirement. 2. SUMMARY RECOMMENDATION: Staff is recommending approval of the subject annexation and zoning (AZ-06-0161, preliminaryplat (PP-06-010) and variance (VAR-06-008) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to provide water and sewer to the development via extensions of mains in Black Cat Road. The Meridian Planning and ZoninE Commission heard the item on April 20, 2006. At the public hearing they moved to recommend approval. The applicant submitted revised preliminary plat site and landscape clans based anon the Planning and Zoning Commission's Recommendations. Chanties are reflected in bold and underscored in this report. On June 22.2006 the City o nc'1 anurove•t the c ~h;ect annl;cAt~n*~c a. Summary of Public Hearing: i. In favor: Ryan Carrie, Lochsa Engineering (Applicant's representative) ii. In opposition: George Haneke iii. Commenting: None iv. Staffpresenting application: Joe Guenther v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Access and turnaround. c. Key Commission Changes to Staff Recommendation: i. Modify the preliminary plat by rotating the proposal east and west so that the cul- de sac shall be to the west and access from W. Quarterhorse Lane to W. Morganhorse Court shall be to the east. Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 ii. Post W. Morganhorse Court as not a through street. Please see Exhibit B below for changes. d. Outstanding Issue(s) for City Council: i. The requested variance was not acted on by the Commission. The applicant is requesting to construct a 545 feet cul-de-sac (UDC-11-6C-B-4 restricts length to 450 feet). PROPOSED MOTIONS (to be considered after the public hearing) Approve I move to approve File Numbers AZ-06-016/PP-06-O10/VAR-06-008 as presented in the staff report for the hearing date of June 22, 2006, and the preliminary plat dated,.T°-•°-~'-°r n ~nnc Revised June 16.2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Numbers AZ-06-016/PP-06-O10/VAR-06-008 as presented at the public hearing on June 22, 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.) Continue I move to continue File Numbers AZ-06-016/PP-06-O10/VAR-06-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 710 Black Cat Road SE corner of Black Cat Road and Pine Ave. b. Owner M2 Land LLC 1290 Butterfield Rd. San Anselmo, Ca 94960 c. Applicant: Ryan Carrie Lochsa Engineering 1311 W. Jefferson Boise Id 83702 d. Representative: Ryan Carrie e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): *T°-.°---i.°- n ~nnc 2AA6 Revised JLne 16.2006 2. Date of landscape plan (attached as Exhibit A2): ~y~ 4 June 14.2006. h. Applicant's Statement/Justification: The proposed overall density (2.75 dwellings per acre). The City's designation of Medium Density Residential anticipates residential densities of Quarterhorse Subdivision AZ-06-016/PP-06-O10/VAR-06-008 PAGE 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 3 to 8 dwellings per acre. However, the Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. We believe the project will provide a development which will complement the surrounding land uses and will be compatible with the Castlebrook project to the north and the El Gato Subdivision to the west of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Apri13 and April 17, 2006 (for Planning & Zoning Commission hearing) and May 29 and June 12, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning & Zoning Commission hearing) and May 26, 2006 (for City Council hearing). e. Applicant posted notice on site by: Apri18, 2006 (for Planning & Zoning Commission hearing) and May 8, 2006 (for City Council hearing). 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Castlebrook Subdivision, R-4 2. East: Vacant- Agricultural- Single Family, Ada County RUT 3. South: UPRR -Ada County RUT 4. West: El Gato Subdivision, R-2 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Trunk main in N. Black Cat Road. Location of water: Water main in N. Black Cat Road. Issues or concerns: None. 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: none. 5. Hazards: None Identified 6. Proposed Zoning: R-4 Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 7. Size of Property: 5.08 acres 8. Description of Use: 14 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 14 2. Non-residential Lots: 2- common lots/landscaping 3. Common Lots: 2 4. Total Lots: 16 5. Gross Density: 2.75 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet on Black Cat Road, 20 feet on Pine Avenue 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as useable open space: The applicant has defined ~ .28 acres or S~ 5.51% open space with parkways and Common Lot ~ 5 Block 1. 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan and parkways are installed consistent with UDC 11-3B h. Required Open Space: 'The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot ~ 5 Block 1 as 3,423 sq/ft Street Buffers: Quarterhorse Lane - ~A9 2,193 sq/ft Morganhorse Court -Parkways -Parkway planters along streets- x;449 9,428 sq/ft total. Minus 26'x 8' x 14 = 2,912 sq/ft for ~~8 6,516 qualified sq/ft for the parkways on single- family detached, street loaded products. The total open space qualified is "~ 12,132 sq/ft qualified open space or 3:~ 5.51% open space. i. Proposed and Required Residential Standards R-4 (Standards) Setbacks (*all streets local) Proposed Required ~"~ measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage*'~ 15 15 Front Accessed Garage** 20 20 Side 5 5 Rear 15 15 Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 4 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TF~IEARING DATE OF 06/22/06 Street frontage With garage facing street 60 60 Lot Size -SF detached With garage facing street 8,000 8,000 Maximum Building Height 35 35 Minimum Living Area 1,400 1,400 j. Proposed and Required Non-Residential Non-residential lots are to be used for landscaping and open space. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Black Cat Road and Pine Avenue is prohibited. Access to Black Cat will be through extension and dedication of Quarterhorse Lane, currently a private street with 50' of right of way, a stub street with full services shall be provided to the property west of the site which will remain Quarterhorse Lane, a private street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On March 31, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Meridian Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (2.75 d.u./acre) for the subject application does not conform with the Meridian Comprehensive required density. The Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. The roadway construction and required landscape buffers lowers the overall density of the proposed project, but staff believes the project meets the purpose and intent of the Medium Density designation. In the applicant's submittal letter, dated February 15, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 5 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 City Fite Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Off ce. Once annexed the lands will be serviced by the Meridian Police Department (NIPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal 1V, Objective D, Action item 2} Stafffinds that Black Cat Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future public road to the East of the site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25 foot wide landscape buffer along Black Cat Road and a 20 foot wide landscape buffer on Pine Avenue. Sta, ff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is providing sidewalks along all internal street systems and a common lot connection to Quarterhorse Lane. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 06/22/06 All of the properties adjacent to the subject site are designated for Medium Density Residential or Low Density Residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal TV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the intent of the Comprehensive Plan definition of medium density, even though the gross density of 2.75 dwelling units per acre is lower than the stated range of 3 to 8 dwelling units per acre. (See previous discussion.). Staff has reviewed Quarterhorse Subdivision under the Medium Density Residential Meridian Future Land Use Map designation and finds the application consistent with the comprehensive plan designation. Stafffinds that the proposed zoning and subsequent uses (single-family homes will be harmonious with and in accordance with the Comprehensive Plan 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists single-family residential development uses as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT (R-4) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 7 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TEARING DATE OF 06/22/06 Ordinance, staff believes that this is a good location for the proposed single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on February 15, 2006 by Michael Engbritson, 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 Ciry of Meridian that may require some written commitment for all future uses. Due to the homogenous nature of only residential uses, the submission of a devel~ment proposal P-06-0101 and the compliance with Meridian Citv Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive elan designation and does not neeatively impact 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. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: (Connectivity The stub street from Black Cat Road shall provide connection to the site as well as for future connections east of the site. The access to Black Cat Road is anticipated as the only access point for all four of the RUT parcels which currently take access from Quarterhorse Lane. No direct access is allowed to Black Cat Road is approved outside of the point of connection permitted by ACRD. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: The 25 feet of right-of--way landscaping on Black Cat Road shall be maintained by the Home Owners Association. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 8 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TEARING DATE OF 06/22/06 Prior to final plat the applicant shall submit a landscape plan depicting any changes to the landscape plan as detailed by this report. 2.3 Tree Miti ation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Nampa Meridian Irrigation District has requested a Land Use Change Application be flied with the district. 2.5 Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is not showing a fencing plan. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved Ri t-of-Way_ Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Black Cat Road is shown as 23' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of--way lots being landscaped with lawn or other vegetative groundcover, However Black Cat has currently been widened in this area, if the new edge of pavement is within 13' of the landscape lot then the applicant shall not be required to provide the gravel shoulder. 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The applicant is not proposing amenities for this site due to the small size of the development. 2.9 Common Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Quarterhorse Subdivision AZ-06-016/PP-06-O1 ONAR-06-008 PAGE 9 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Lot ~ 5 Block 1 as 3,423 sq/ft Roadway Buffers: Quarterhorse Lane - ~,FAB 2.193 sq/ft Morganhorse Court (parkway) - 6~g 6.516 sq/ft The total open space qualified is 12,132 sq/ft qualified open space or 3~ 5.51% open space. 2.10 Variance to cul-de-sac len tgth: The applicant has submitted a Variance application for extending the cul-de-sac length on W. Morganhorse Court from the required UDC-11-6C-B-4 length of 450 feet to 545 feet. The applicant is proposing the length to achieve consistent lot configurations and meet the open space requirement. Providing a cul-de-sac allows the Common Lot 5 to remain with emergency access, rather than eliminating it to provide a second connection to W. Quarterhorse Lane or take access to Black Cat Road/W. Pine Street, both classified roadways. See Section below 3. VARIANCE: The applicant has requested a variance for extending the length of the cul-de- sac on W. Morganhorse Court to 545 feet. The required cul-de-sac length in the Meridian City Unified Development Code is 450 feet. A cul-de-sac allows the applicant to meet the required R-4 standard of 8,000 square feet minimum lot size and also meet the required 5% open space. The subdivision will not take direct access from W. Pine St. or Black Cat Road. Due to the close proximity of the Black Cat/W. Pine St. intersection, staff does not believe that having Morganhorse Court intersect Black Cat Road or W. Pine Street (arterial streets) is a realistic option for this property. The applicant has agreed to post W. Morganhorse Court as not a through street. Please see the variance findings in Exhibit D below. b. Staff Recommendation: Staff recommends approval of AZ-06-016, PP-06-010, and VAR-06- 008 VAR-OS-024 for Quarterhorse Subdivision as presented in the staff report for the hearing date of June 22, 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 this recommendation. On April 20, 2006 the Planning &ZoninE Commission voted to recommend approval of the subiect development with the modified conditions listed III Exhibit B. n .1Lne 22.2006 he itv O ~T1C1I aDDYAV .d the c»hiert annlirafinne 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 2~ Revised .Irene 16.2006) 2. Landscape Plan (dated: June 14, 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 Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 10 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 06/22/06 C. Legal Description D. Required Findings from Zoning Ordinance Quarterhorse Subdivision AZ-06-016/PP-06-OlONAR-06-008 PAGE 11 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 A. Drawings 1. Preliminary Plat (dated: Revised June 16, 2006) `^I3r'. S'~ `~. Ng~ II 1, _ 1 6" -^ •~&V 1 g•~~ ~ 1. 1.. '~'. o $~'. ,,. ..- ~ ~.. 1 M 814CN C4T FO40 I I _q-pl[[CC~ ie €V I t Ie I E I I .Y I I Y uorwaa -o- I 4G Z 1 5° g 5 ~"g~ F .~ I SAP ';'E ~ ~ ~~ I, II I;~I i 3 ~ ~R3 ~~-e /.1: qa I I i to e~szE•oo opll as II ~ ~ ~~ I~ ~I `°~ i ~ I I cfi~ I h..\ s I ~~ ~ ~"~~ ~I II ~ iI ~~ 5 ~ q_ ~ ~ ~ c ° s i ~ i ~ - a~t~attr rtnr ~ ~; g c °u4mersHOasHSUS°me~o~ ~ ~OCHmS~ENGINEERING ~E~m:y ~ ,~~, ~ ''a. m~° ~;5.®. .w::°`°w`M"mi-Tn ... iron n. ..~ S .e. ~, w, ....o m. ~i --p_ ._ 4 Quarterhorse Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TII~EARING DATE OF 06/22/06 2. Landscape Plan (dated: June 14, 2006) _ I N. BIACK CAT RObD ~N ~~~ I I l i ~ s i I P. i . i ) 1 \ i~ j_ i I d. I •/'~$ $, ;. 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E3 i I,'•t: ~+~ :i7'i' ' f,s !3 jbi i t i !I ! ~ ~ ~i i 3[ I j ;.:tit ?ji?*` ~ t4: t~t , 3 :ij! . t {i fit . ! i r~~w QIIARTEWiGR8E SU9dYKa1°M ®LUCH~~A ENOINEERIN6 •er _ __ ~ S~;°~. o .mom ,.m r ~f~~~$Je~m~rsor' wan+s. we -- i w°~ tmm w .t :rm uo--ww L- ~~ ~aoar~ Quarterhotse Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF 06/22/06 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled dated ~T°-.°--,~.°- °, ~nnc ~ Revised June 16. 2006 prepared by Lochsa Engineering, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-016) shall also be considered conditions of the Preliminary Plat (PP-06-010). 1.1.2 The applicant shall construct a 25-foot landscape buffer along Black Cat Road and a 20-foot landscape buffer on Pine Avenue, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Black Cat Road or Pine Avenue as required by ACHD. A note shall be placed on the fmal plat restricting access to Black Cat Road and Pine Avenue. 1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to any changes required by this report. 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 fmal plat application. 1.1.5 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.6 The submitted landscape plan prepared by Bailey Engineering, dated February 14, 2006 is approved. The following should be included in the final landscape plan: • All parkway landscaping shall be consistent with UDC 11-3B-7 • The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. • Provide parkway trees on the internal streets as proposed. All parkway trees shall be Class II trees. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.7 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.8 Maintenance of all common areas shall be the responsibility of the Quarterhorse Subdivision Homeowners' Association. 1.1.9 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class Exhibit B Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF 06/22/06 II trees. The applicant shall coordinate tree placement along W. Quarterhorse Lane with the Meridian Parks Arborist. 1.1.10 The applicant shall modify the preliminary plat by rotating the proposal east and west so that the cul-de sac shall be to the west and access from W Ouarterhorse Lane to W Mor~anhorse Court shall be to the east. 1.1.11 The applicant shall post W. Mor~anhorse Court as not a through street 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Black Cat Road. The applicant shall install mains to and through this project, coordinate main size and Exhibit B Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 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 Conceptual sewer profiles show a change of grade in a main line without a manhole, this shall not be allowed. 2.3 Minimum grade on dead end runs shall be 0.6%. 2.4 Water service to this site is being proposed via extension of mains in N. Black Cat Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 If any of the existing houses are to remain then the applicant shall be responsible for the payment of assessments and the actual physical hook-up for that house to the municipal services. 2.6 The applicant shall submit concurrently with final plat application, a detailed groundwater report. If groundwater is as shallow as intimated by the letter from GeoTek, a grading and drainage plan may be required. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be required prior to scheduling of apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 All existing structures spanning lot lines or not meeting setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 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 Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 approved by the Meridian City Engineer prior to final plat signature. Z.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.23 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. 2.24 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. 2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Exhibit B Page 4 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR T1~EARING DATE OF 06/22/06 e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (CTDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construct the Quarterhorse Lane as a 36-foot street section within 50-feet ofright-of--way. A minimum of 24-feet of pavement should be constructed with this application, with full improvements on the north side. 50-feet ofright-of--way should be dedicated with this application. 7.2 Construct a temporary turnaround at the stub of Ouarterhorse Lane; or relocate the intersection of Ouarterhorse Lane to within 150-feet of the edge of pavement (east property line) for the stub to the east. Exhibit B Page 5 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 06/22/06 7.3 onstruct a 5- foot wide detached sidewalk within the ri ht-of-wav along Black Cat Road to be no closer than 41-feet from center line. 7.4 Dedicate 48-feet of right-of--wav from the centerline of Black Cat Road abutting the Hertel by means of a warranty deed. The right-of-wav purchase and sale aereement 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 reauired permitsl, whichever occurs first. Allow up to 30 business days to process the right-of-wav dedication after receipt of all reauested material. The owner will be paid the fair market value of the right-of-wav dedicated which is an addition to existing ACRD right-of-wav if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #2001, if funds are available. 7.5 Construct Pine Avenue to one half of a 36-foot street section (residential collector) within 50-feet ofright-of--way with vertical curb, gutter, and 5-foot attached sidewalk abutting the site 10- feet ofright-of--way should be dedicated with this application. 7.6 Construct Morganhorse Court as a 29-foot street section within 50-feet of right-of--wav with vertical curb, gutter, and a 5-foot attached sidewalk. Parking will be restricted to one side of the roadway, and fire department approval is reauired. 7.7 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.8 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.9 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.10 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.11 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.12 Comply with the District's Tree Planter Width Interim Policy. 7.11 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. 7.13 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B Page 6 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 7.14 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.15 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.16 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. 7.17 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 ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.18 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.19 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 Exhibit C. Legal Description ELS ENGEBRI7'SONLAN D SURVEYS', J1VC. 2251 S. Sumac Stmt, Boise, Idaho 83706 Telephone (208) 859-6032 Fax (208} 383-0892 February 15, 20~ Quarterftourse Sutnlivisiorr Project No. 2517 5.Q8 aces or 221,193 s.f., more or ~ Quarferhorse Subdivvlslon A tract of land situated ruithin the Narthy~ast'/, of ttm ~ % of won 10, To~ship 3 Nortl-. Range 1 Vy~t, A~ridian, Ada County, Idaho, described as fol~ws: Commenting at a found aluminum cap m~rumenfing the Southwest oomer of said Sec6iort 10, thence nortltedy abrtg the westerly one of ~ ~ % and ttre ~~ ~ of North t3laclc Cat Road North ~°-25'-10° East a dis~Ce of 2852.87 feet to a found brass qp monument<rrg the West % comer of said Sion 10 and the cverter Ire irrbar5e~n of said North Btadt ~ Road ~ Wit Pine Avenue, the POINT OF BEGtAINING. Thence early along the center Gne of s~ West pine Avenue and the northerly tine of said Southovest +/. of Setiion 10, South 89°-24'-30° East a distance3 of 525.10 fast to a found st~l pin• Thence !saving said ~ South ~° 25'-10° West a distance of 420.45 feet to a found steel pin; Thence North 89°~4'-5d° West a disiartoe of 525.10 feet ~ a found steel pin an t#~ ~r fms of std g!~ Cat Road and the Y tars of sad South~.st %.; Thence northerly along said cmrter line acrd sari dy line North ~ -25'-10° East a dis~no®of 422.ai f~ th the POINT OF BEGINNING. The abave~lest trat~ of land tantahrs 5.08 atxes mare or less, subject b a~ exis8rrg easertarrts and rights-of-xray. ~v/ Rtvr~ V~~' BY ,'~ MErZIDIAN pE~1 e wDRKS C:IELSU'RQJECTSV2510871ADFA~I.EGdI.S#2510878DRY.D~ Exhibit C Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 EXHIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-5B-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4 Medium-Low Density Residential District. Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Council fmds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Meridian Comprehensive Plan and Future Land Use Map, which designates the SE corner of at Black Cat Road and Pine Ave to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan. Council fmds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site. Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying Preliminary Plat application is approved. Council finds that the single-family homes would be allowed (permitted) within the requested R-4 district. The entire site is being proposed as residential and upon build-out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses east of the site in the El Gato development and the adjacent county parcels to the east, also with Medium Density Residential Comprehensive Plan designations. Council fmds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, staff does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council should rely on any oral or written testimony that may be provided when determining this fording. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit E Page 1 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 to, school districts; and, The abutting roadway Black Cat Road is in ACHD's Five Year Work Program or CIP (20-year plan) for road widening and has recently been upgraded Pine Avenue was widened to accommodate the Castlebrook development. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. However, the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B. On March 31, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council should rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (LJDC 11-SB-3.E). Due to the residential nature of the general vicinity, the project's conformance to the Unified Development Code, and the applicant's agreement to abide by the conditions of approval contained in this staff report, Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord Exhibit E Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property will grant a right or privilege that is not otherwise allowed in the district. However, there are existing site constraints which justify a longer cul-de-sac on this site. The subject property is located on the southeast corner of Pine Avenue and Black Cat Road. The property has minimal frontage on Black Cat Road and Pine Avenue, both classified roadways. Due to the close proximity of the Black Cat/Pine Avenue intersection and the minimal amount of frontage this site has, Council does not believe that having Morganhorse Court intersect Pine Avenue or Black Cat Road is a realistic option for this property. The City and ACHD generally try to limit access points to arterials, especially at major intersections. Council believes that granting the subject variance is a better option than requiring a public street connection to the adjacent public street so close to the intersection. B. The variance relieves an undue hardship because of characteristics of the site; In this case, Council believes that strict compliance with the City's maximum cul-de-sac length would effectively hamper the re-development of the subject property for residential use. It is simply not efficient to meet the City's established standards and obtain the full development potential of this site without granting the variance. Due to the dimensions of the subject parcel and the close proximity to the PineBlack Cat Road Exhibit E Page 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 06/22/06 intersection, strict compliance would result in an extraordinary hardship to the developer and hamper the re-development of the subject site. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac length to be extended would not be detrimental to the public health, safety, and/or welfare. Exhibit E Page 4 U July 7, 2006 RZ 06-002 MERIDIAN CITY COUNCIL MEETING Juiy > > , 2006 APPLICANT Stan Lantz ITEM NO. 5-F REQUEST Findings -Rezone of .022 acres from I-L {Light Industrial) to O-T (Old Town) zones for Stan Lantz -608 W. 3rd Street: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached Ftndlrt~s CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~}~~ ~~~ Z Date: `Z-It~-C3lo Phone: Emailed: __~-klrl }lr-,g~~h,~~ Staff Initials:` Materials presented al publk meeli~ shah become properly of fhe CNy of Meridian. U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RECEIS~gy ~U~ 0 6 2~~~ Git~r~~^~' 'Ieridian ~ °~~ ~~rk Oflzce e 11"x' r7~ l~ ~ ~~ ~' ~.,;J+~i~_ 1 IC?.d9~iB2 ,,, ~. ~, a "2' LFC fd -~$1-7~.IH~A4tTE1:•5y~~tY!: ~.°.~ e9 98=? In the Matter of Rezoning to O-T (Old Town) for 0.22 acres of property currently zoned I- L(Light Industrial) within the City of Meridian by Stan Lantz Case No(s). RZ-06-002 For the City Council Hearing Date of: July 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-002 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 Deparhnent and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and any Conditions of Approval in the attached Staff Report for the hearing date of June 22, 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: The applicant's request for Rezoning, as evidenced by having submitted the Rezone Application, is hereby approved; and, 2. The provisions of approval are as shown in the attached Staff Report for the hearing date of June 22, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of June 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-002 By action of the City Council at its regular meeting held on the ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~ (,dam COUNCIL MEMBER JOE BORTON VOTED_~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__C~~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~. TIE BREAKER MAYOR TAMMY de WEERD VOTED '~' a~~' G~LC%~!c-~~L%EG~ MA~~O,1~"~ ~ ~ ~ de WEERD `e ~~ ATTEST: ~•~`~*\~~~ '`~~ ~° e ~ -~ ~, WILLIAM G. BERG, JR., CIS ~ Copy served upon: _~ Applicant ~~~~°~~+~s+ oiVe~°\\\\a~ _~~ Planning Department / Public Works Department ~~ City Attorney BY~ Dated: -l - I ~ -~(~ ' Clerk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-002 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 22, 2006 STAFF REPORT Hearing Date: 6/22/2006 TO: Mayor & City Council FROM: Caleb Hood, Current Planning Manager SUBJECT: 608 W. 3`d Street Rezone for Stan Lantz ~ RZ-06-002 ',~,~ ,~ ~ ~ +a ,,,., ~ _ : tl<~ e~-rv~ ~ra~ ~~a dl ~~~, i~ . `'.,~ _ 4 i~.bHra ~' y?'S ff ~s' 146 Rezone of 0.22 acres from I-L (bight Industrial) to O-T (Old Town) for an existing single-family residence, by Stan Lantz. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Stan Lantz, has applied for a Rezone (RZ) of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) for the existing residence at 608 W. 3~' Street. The applicant is requesting the subject property be rezoned so the existing single-family dwelling can be considered a conforming use in the zone (the I-L zone prohibits residential uses.) The site is located on the east side of West 3`~ Street, just south of Broadway Avenue in Section 12, Township 3 North, Range 1 West. This site currently contains one existing residence and outbuilding. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-002, as presented in the staff report for the hearins date of Mav 4 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, there are no conditions of approval. The Meridian Planning and Zoning Commission heard the item on Mav 4. 2006. At the public hearing thev moved to recommend approval. a. Summary of Public Hearing: i. In favor: Stan Lantz ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTIONS Approval I move to approve File Number RZ-06-002 as presented in the staff report for the hearing date of June 20, 2006, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Number RZ-06-002 as presented at the public hearing on June 20, 2006, for the following reasons: (you should state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). 608 W. 3`d Street Rezone for Stan Lantz - RZ-06-002 PAGE 1 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF JUNE 22, 2006 Continue I move to continue the public hearing for File Number RZ-06-002 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 608 W. 31d St./ East side of West 3`~ Street, just south of Broadway Avenue in Section 12, Township 3 North, Range 1 West. b. Owner: Stan Lantz 1892 N. Monaco Way Meridian, Idaho 83642 c. Applicant: Stan Lantz 1892 N. Monaco Way Meridian, Idaho 83642 d. Representative: Stan Lantz, Owner e. Present Zoning: I-L f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: Single-family residences are prohibited in the I-L zone. Therefore, the existing residence is anon-conforming structure. The applicant is applying to rezone the subject property so that the existing single-family residence will be in a conforming use. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: April 17 and May 1, 2006 (for P & Z Commission hearing) and May 29 and June 12, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: April 14, 2006 (for P & Z Commission hearing) and May 26, 2006 (for City Council hearing) d. Applicant posted notice on site by: Apri124, 2006 (for P & Z Commission hearing) and June 10, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Single-family dwelling. b. Description of Character of Surrounding Area: Existing single-family dwellings and some nearby commercial uses, zoned I-L. c. Adjacent Land Use and Zoning: 1. North: Existing single family residence, zoned I-L. 608 W. 3`d Street Rezone for Stan Lantz - RZ-06-002 PAGE 2 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF JUNE 22, 2006 2. East: Existing residences, zoned I-L. 3. South: Existing single family residence, zoned I-L. 4. West: Existing single family residence, zoned I-L. d. History of Previous Actions: The City recently approved, at the staff level, a property boundary adjustment between the subject property and the property to the north. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: O-T 7. Size of Property: 0.22 acres 7. COMMENTS MEETING On April 14, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOAL5 The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned I-L. Old Town is defined as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff fmds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2D-1 lists single-family dwellings as a Permitted Use in the O-T zone. b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian 608 W. 3`a Street Rezone for Stan Lantz - RZ-06-002 PAGE 3 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HE,4~ DATE OF JUNE 22, 2006 Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property, primarily because the existing single-family use is prohibited in the I-L zone. Most financial institutions will not finance anon-conforming use/property because if the structure is significantly damaged it can not be re-built. In order to re-build a home on this site, the zoning would have to conform to the uses listed in the UDC. The O-T zone is the zoning that is called for in this area that allows single- family homes. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the existing structure with the Zoning Ordinance for O-T zoning, staff believes that the rezoning of this site to O-T is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on March 10, 2006 by Kenneth H. Cook, PLS) shows the property within the existing corporate boundary of the City of Meridian. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. All future re-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. b. Staff Recommendation: Staff recommends approval of RZ-06-002 for 608 W. 3`d Street as presented in the staff report for the hearing date of May 4, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval.) On Mav 4, 2006 the Planningi & Zoninsr Commission recommended aonroval of the subiect rezone. 11. EX)~ITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance 608 W. 3rd Street Rezone for Stan Lantz - RZ-06-002 PAGE 4 CITY OF MERIDIAN PLAIiG DEPARTMENT STAFF REPORT FOR THE HE.~G DATE OF JUNE 22, 2006 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by Kenneth H. Cook, PLS, dated March 10, 2006 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. Exhibit A CITY OF MERIDIAN PLAI~Ci DEPARTMENT STAFF REPORT FOR THE HE~ DATE OF JUNE 22, 2006 B. Legal Description RE2DNE I,BGAi, DESCRIPTION F®R. STAN AND CARt3L b AN`I;~ Fl)R 1'ARCEI. ~ A Parcxl of latui lat~ted in tizc 3outliwn~ 1/4 of Black 5, Wait V ew A.dditioa ~ Iha City of l~feridisn, l in the ATorth I/2 of the ~/ of Section 12, Township 3 Alot4h, Range 1 '44{est, Raise ArfenTdiemt, City of Meeidiar,, Ada Cannti+, Naha nail being fwttter describ~l as fanaws: iiasds ®f Bea~tn~ The center di}ze of i3°est ~1rQedwrry.~lvet~re b~etweera 3'd ~d 1",StFe~ts City ajMeridlarr, rlda Cora~tty, Id~lisi daritredfrom jaaoadntman~t~s acrd ~ Sozath 89°53 `35" EQSt. 131:C3Il~ININGt at a paint as the West lirJe of said Black 5 and lnrim which fine Southvwest caa~- of said 131ack 5 bears Sores QO°16' I8" W'esf a dice of 5O.df feet and tram which the caster line ini~se~ctia~n pairs off West Broadwag~ ~+iveaus and 3eA Street bears Alarth OS°07' 16"'9V~t a distance of 329.36 feet, leaving said tVest line theme Narth 88°ST l3° Wes# a distance of 3a.EiO feet to a psis! as the center li>~ of 3`~ Street thence slang said centerline and paratlel ®oricb said West line I+Iculh tltl°O&'1 S° F„~ a d~ of 6b.63 feet to a paint; thence leavbag said aenter lies Sau~It 88°49'x17" E~ s of 151;.14 feat to g paint oa the East Iiae of said Sattthwest 1/4 afraid Abele 5; thence alawg said l eist lies Sautlt Qd°O5'Q16° West a of 6p91 feat; ftze~sce leaYing said East line North 88°5Ti3 ° W~ €e of 128. i 5 filet to the P'OiN~' C]F 13ECri1~1V1NCf. Said Pal ca~iniag ~ fcxt ar Q22~ eras, azo~ or less sad is sub, to ail ~g rand rights-of-ways of record ~° implied, t3F 1?IESCRII"TION. Kenneth I4. Cook, PLS 9895 '1'irte~line Surveying 35 14th Ave. Sotrtb tdastpr~, Idaho 83651 t3Y prO3~KB RE~~C U3TS-05 AR~EQVEa,t§0#2PA L~AAfCE Ra1rAIDARY LSE ' h~3lASv".va~A1EQALSL4DVNNEJ4 LEaAL PARL7c1. Z.dflm Exhibit B CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HE~ DATE OF JUNE 22, 2006 -l ~ I ~ ~ Imo' I I I ~ ~ ~ ~ is ~~ ~ I J i ~ ~ s>~ Ana~~ro ~' w° j vaacetr ~; I K ~ ~ e ~~~ € a j I Itf~ WIF„ ~.. I ~r ~ ~ Nfl ADbPXI N 0 ~ ~ ~I t ~ mom: ~~ ~I t i I ~ - _ _ mom.°- ~:_~ ~'~--- `' _ ~ d ~. IJ{11flA PACtFlC aABLROAD ~ /N ~ AIf~ fftti~.~y ~ ! RYJ7 Rpt 117iN lU 6i1 ~ ~~pQtly~ ~~~~ ~~ ~SVi 14fL1~ (Y~ Exhibit B CITY OF MERIDIAN PLAI~('r DEPARTMENT STAFF REPORT FOR THE HE~ DATE OF JUNE 22, 2006 C. Required Findings from Zoning Ordinance 1. Rezone 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 the subject property to O-T. Council fords that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that single-family dwellings are permitted within the requested zoning district of O-T. The existing single-family use conforms to the dimensional standards of the proposed zoning designation. Council fords that the site is large enough to contain the required parking and landscaping. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit C • July 7, 2006 PP 06-020 MERIDIAN CITY COUNCIL MEETING JUIy 1 1,2006 APPLICANT Winston H. Moore ITEM NO. 5-G REQUEST Endings -Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a proposed C-G zone for Centrepointe Subdivision -located at the NWC of Ustick Road and Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY P1ANAlING D1REG'TL3R: CITY ATTORNEY CITY #~OL1GE DEPT: CITY FIRE DEPT: CITY ~t~D1NG DEPT: CITY WATER DEPT: CIT~C SEWfg DEPT: CITY PARKS DEPT: MERIDJA~I SCH4Qt DIST(~C~: ADA COUNTY HIGHWAY DISTRICT: SANdTA~RY ~t1NC~ COMPAjVY CENTRAL DISTRICT HEALTH: NA1s4PA AA13R~f}1Afl111~R1GAILON: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUMAIN GAS: COMMENTS See AtFached Flndings MERIDIAN POST OFFICE: OTH€R: Contacted: ~ruY~c~tJ`.._ Date: 1-~~-Q(.p Phone: Emailed: i . Sc l ~ t~YXld n~-I-_ Q H'. nr-1 Staff Initia ~~~~ Materiak presented at pubUc meetin~a ahaq become properly of the CHy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ I~~C~I~I~ JUL 9 0 2006 pity ®f Meridian ~.ty~C~erk Office ~;-~ ,,. z a~ .fay '~ ~~ ~~,~: ~ T- -_ ~~~ ~'~ ,..~ a ~c,~ ~. t'-~=-°~+Sr lam-,a~~.~~'M~aat93-a 1 - °~, In the Matter of Preliminary Plat approval of 23 commercial lots on 31.37 acres in the C-G zone, for Centrepointe Subdivision, by Winston H. Moore. Case No(s).: PP-06-020 For the City Council Hearing Date of: June 22, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 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 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-020 - PAGE I of 4 ! • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached StafF Report for the hearing date of June 22, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 10, 2006, by Quadrant Consultants, is hereby conditionally approved; 2. The City Council voted to approve the subject plat, subject to compliance with the conditions listed in Exhibit B of the Staff Report; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 22, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-020 -PAGE 2 of 4 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 June 22, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-020 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ I~~~ COUNCIL MEMBER JOE BORTON VOTED_ `~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED__z~~~- TIE BREAKER MAYOR TAMMY de WEERD VOTED ~- ATTEST: G. BERG, JR., Copy served upon: / Applicant 'o/~if I ki N ti 411t9~tt~` / Planning Department -~~ Public Works Department ~- City Attorney Bye Dated: ~-l $ - (~ t~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-020 -PAGE 4 of 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~NG DATE OF JUNE 22, 2006 STAFF REPORT Hearing Date: June 22, 2006 TO: Mayor & City Council FROM: Caleb Hood, Current Planning Manager SUBJECT: Centrepointe Subdivision ,~. ~v ~z ,;, ,. '~~. 4,fy~$ae ~~Ao 7`ae~.._m ate, ~ ~"~---' . ` _ PP-06-020 -Preliminary Plat for 23 commercial lots on 31.37 acres in the C-G zone, by Winston H. Moore. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Winston H. Moore, is requesting approval of a Preliminary Plat to subdivide 31.37 acres located on the northwest corner of Ustick Road and Eagle Road. The subject preliminary plat contains 23 commercial lots. A majority of this site was annexed into the City in 2004 as part of the Blue Marlin annexation. A smaller piece of the subject property was recently annexed into the City as Nesmith, AZ- OS-065. The proposed subdivision does not include the 8.33 acres previously approved for a Kohl's Department Store, or the northern 1/3 of the Blue Marlin property, which totaled 59 acres. The Development Agreement (DA) in effect for this site requires any future uses be approved through a site specific Conditional Use Permit (CUP) application, or a Planned Development (PD) submittal. NOTE: T'he subject application does not include a CUP or PD, but does include a proposal by the applicant to construct the parking areas and private drive lanes that are depicted on the submitted site plan. The submitted landscape plan depicts a 35-foot wide landscape buffer along Eagle Road, located entirely outside of the right-of--way for Eagle Road. However, the Commission should note that the applicant is preparing to submit a variance application to allow some of the right-of--way along Eagle Road to count towards the required landscape street buffer of 35-feet. Staff does not believe that the approval or denial of the variance request by the Council will have a major impact on the layout of the proposed subdivision. The subject report does not assume that a variance by the Council will be granted. 2. SUMMARY RECOMMENDATION Staff is recommendinu approval of the proposed Centrepointe Subdivision fPP-06-0201 with the conditions listed in Exhibit B of the Staff Report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat application. The Meridian Planning and Zoning Commission heard the item on May 4, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Jonathan Seel ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. The Commission amended the Staff Report to reflect the applicant's requested changes in the letter dated May 3, 2006. Please see Exhibit B below for changes. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS (to be considered after the public hearing) Centrepointe Subdivision page 1 PP-06-020 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~TICING DATE OF JUNE 22, 2006 Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-06- 020 as presented in staff report for the hearing date of June 20, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-06- 020 as presented at the hearing on June 20, 2006 for the following reasons: (You must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number PP-06-020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of Ustick Road and Eagle Road Township 4N, Range lE, Section 32 b. Owner Winston H. Moore 1940 Bonito Way #160 Meridian, ID 83642 c. Applicant: Winston H. Moore 1940 Bonito Way #160 Meridian, ID 83642 d. Representative: Jonathan Seel, W.H. Moore Company e. Present Zoning: General Retail and Service Commercial (C-G) f. Present Comprehensive Plan Designation: Mixed Use-Regional -Future Land Use Map g. Description of Applicant's Request: See Exhibit A (prepared by Quadrant Consulting, Inc.) for a copy of the preliminary plat depicting the lot layout. Also see the landscape plan in Exhibit A for the proposed landscaping, parking layout, and access locations. 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: April 17 and May 1, 2006 (for P & Z Commission hearing) and May 29 and June 12, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: April 14, 2006 (for P & Z Commission hearing) and May 26, 2006 (for City Council hearing) d. Applicant posted notice on site by: Apri124, 2006 (for P & Z Commission hearing) and June 10, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is an existing single-family home located near the southwest corner of this site. Centrepointe Subdivision page 2 PP-06-020 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~NG DATE OF JUNE 22, 2006 b. Description of Character of Surrounding Area: Mixed use area with big-box commercial, retail, and residential uses; rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Vacant, future pad sites, zoned C-G. 2. West: Champion Park Subdivision, zoned R-8, C-N and C-C. 3. South: Proposed Sadie Creek development, zoned C-G. 4. East: Smitchger Subdivision, Lowe's Home Improvement, zoned C-G. d. History of Previous Actions: In 2004, the current property owner and the City entered into a Development Agreement (DA) for this site. In 2006 the DA was amended to include a 1.5 acre piece of property that is the southwest portion of the subject plat (Nesmith). All of the subject site was zoned to C-G and has a DA provision that requires each use to obtain either detailed CUP approval or receive approval for a planned development. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None. 2. Vegetation: Agricultural, with some existing trees that should be protected or mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There are a couple of irrigation/drainage ditches that bisect the property. 5. Hazards: None identified. 6. Size of Property: 31.37 acres f. Subdivision Plat Information: The submitted plat proposes 23 commercial lots in a C-G zone. Anew north-south public street, Sadie Creek Avenue, is proposed near the western boundary of the subdivision. The 8.33 acre Kohl's site is not part of the subject plat. g. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheets L1.0 and L1.1) proposes a 35-foot wide buffer along both Ustick and Eagle Roads, except along Ustick Road west of Sadie Creek Avenue. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial subdivisions. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. With the approval of the Centrepointe Subdivision page 3 PP-06-020 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~NG DATE OF JUNE 22, 2006 Nesmith Annexation, the applicant was granted alternative compliance from the standard requirement to construct a 25-foot wide landscape buffer adjacent to Champion Park (residential) to the west. A 10-foot wide buffer landscape buffer should be constructed adjacent to the future single-family uses to the west. See Section 9 below for more information. h. Proposed and Required Non-Residential Parking: One off-street parking space is required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject application. However, the applicant is proposing to construct the main parking lot and drive aisles with the subject plat. Staff will monitor the square footage of each building as it is submitted for CUP approval to ensure that adequate parking is provided. i. Proposed Street System: Access points to this site have previously been reviewed and approved by ACRD, ITI) and the City. Three access points to Ustick Road and two access points to Eagle Road are proposed. A public road will be constructed from the most westerly entrance off of Ustick Road. This road, Sadie Creek Avenue, will be constructed to the north boundary of the subdivision, eventually connecting to Wainwright Drive further to the north. The remaining access points to Ustick Road and Eagle Road are proposed as driveways. Staff is recommending that a cross access/ingress-egress easement be provided so that each lot within the subject subdivision, as well as the Kohl's site, has access to the driveways and thus the public street system. As of the print deadline for this report, staff has not received comments from ACHD. For details on TTD's most recent comments, please see the letter dated March 24, 2006 submitted for the application. 7. AGENCY COMMENTS MEETING On April 14, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' (MU-R) on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. 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): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be subdivided in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The lands will be serviced by the Meridian Police Department (MPD). Centrepointe Subdivision page 4 PP-06-020 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE H)~NG DATE OF JUNE 22, 2006 The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID) and the Idaho Department of Transportation (ITD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Sta, ff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed subdivision is appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACFID and ITD evaluate access points. The proposed access points to the arterial streets generally comply with ACFID's standards. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road accesses have been approved by the City Council through the variance process. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct 35 foot wide street buffers along the adjacent arterial streets (Ustick Road and Eagle Road). By Ordinance, a minimum 35 foot wide landscape buffer along entryway corridors is required. Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this application: "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACPID to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) Centrepointe Subdivision page 5 PP-06-020 CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 22, 2006 "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists several uses as permitted and conditional uses in the C-G zoning district. However, all uses on this site require CUP approval. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. General Off-Street Parking Standards (from UDC 11-3C-5): The following standards shall apply to off-street vehicle parking for non-residential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. d. Structures Subject to Design Standards (UDC 11-3A-19B5): All structures on property adjacent to an entryway corridor (iJstick/Eagle Roads) are subject to the design standards listed in this section of the UDC. e. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. f. Development along State and Federal Highways (UDC 11-3H): The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road. The intent of this section is to provide for future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half-mile collector road. The applicant is proposing driveways, rather than a street, that will collect and distribute traffic as envisioned with the subject section of the UDC. 10. ANALYSIS Centrepointe Subdivision page 6 PP-06-020 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE H>~NG DATE OF JUNE 22, 2006 Analysis of Facts Leading to Staff Recommendation The PP application substantially complies with the Unified Development Code (UDC). However, there are some aspects of the proposed parking lot area that do not comply with the design requirements of the UDC. Below, staff has detailed some of the more significant changes that should be required with the approval of the preliminary plat and associated parking lot improvements. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed development. Please see Exhibit C for detailed analysis of the required facts and fmdings for a preliminary plat. Future Uses: Consistent with the Development Agreement in effect for this site, all future development on the subject lots shall be required to obtain Conditional Use Permit approval prior to construction. Further, each building proposed on a lot adjacent to Eagle Road should also be subject to Design Review approval. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by The Land Group, Inc., labeled Sheet L1.0, dated 4-5-06, with the following revisions: UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Eagle Road and Ustick Road are both entryway corridors. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along most of Ustick Road and all of Eagle Road (Lot 8, Block 1, does not have the required buffer along Ustick Road.) Chapter 2 of the UDC also requires a 10-foot wide landscape buffer along both sides of the proposed Sadie Creek Avenue, a commercial street. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All landscaping adjacent to public streets should conform to the requirements of UDC 11-3B-7. UDC 11-3B-8C2 prohibits linear groupings of parking spaces in excess of 12. There are several groupings of parking spaces that exceed 12 in a row. Therefore, in accordance with UDC 11-3B- 8C2, landscape planters, including trees and groundcover, shall be placed within the proposed parking areas. UDC Table 11-2B-3 requires a 25-foot wide land use buffer between C-G zoned property and residentially zoned property. However, the applicant has previously applied for and received approval fora 10-foot wide landscape buffer adjacent to the residential uses in Champion Park Subdivision to the west. A 10-foot wide landscape buffer easement should be placed on the face of the final plat, where this site abuts residentially zoned property. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. Centrepointe Subdivision page 7 PP-06-020 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 22, 2006 Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (iJDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing Structures: Because single-family dwellings are prohibited in the C-G zone, the existing single-family structures and associated outbuildings on this site should be removed, prior to the City Engineer's signature of the final plat. Sadie Creek Avenue: Staff is supportive of the general location and design of Sadie Creek Avenue. However, once constructed, it will be a very long dead-end street. Until Sadie Creek is extended further to the north, a temporary turnaround and easement should be provided. Internal Cross-access: There are some commercial lots that do not have frontage on a public street. Also, there are shared parking areas and driveways to Ustick Road on the Kohl's out- parcel. Because several of the proposed lots do not have frontage on a public street, and access to the adjacent roadways are limited, the applicant should provide a cross parking/cross access agreement for all of the lots within the subdivision, and the Kohl's site, to use the driveways and parking aisles. Prior to signature of the final plat by the City Engineer, a copy of a recorded cross- access/ingress-egress and parking maintenance agreement should be provided to the City. Parking Lot: As mentioned in the application summary above, the applicant is requesting approval to construct the parking areas in Block 2. UDC 11-3C-6B requires off-street loading spaces for commercial uses at a rate of 1 per every 500 square feet of building. UDC Table 11- 3C-1 requires a119O-degree parking stalls to be at least 9-feet wide by 19-feet long adjacent to 25- foot wide drive aisles. Further, UDC 11-3B-8C2 prohibits linear groupings of parking spaces in excess of 12. There are several groupings of parking spaces that exceed 12 in a row. In accordance with UDC 11-3B-8C2, landscape planters, including trees and groundcover, shall be placed within the proposed parking areas. All parking should comply with UDC 11-3C-5 and UDC 11-3B-8. To ensure that the proposed parking lot is constructed in accordance with the UDC, staff recommends that the applicant be required to submit and receive approval of a Certificate of Zoning Compliance (CZC) permit. Refuse/Service Area Screen: The submitted site plan, landscape plan or preliminary plat depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CUP and CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff fmds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards, as well as the Development Agreement in effect for this site. Staff recommends approval of PP-06-020 with the Conditions listed in Exhibit B of the Staff Re,~ort for May 4 2006 The Planning_& Zoning Commission recommends approval with the modified Conditions as listed in Exhibit B of the Staff Report for June 20/22.2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated March 10, 2006) 2. Landscape Plan (dated Apri15, 2006) B. Conditions of Approval Centrepointe Subdivision page 8 PP-06-020 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~NG DATE OF JUNE 22, 2006 1. Planning Department Z. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACID 8. Settlers' Irrigation District C. Required Findings from the UDC 1. Preliminary Plat Centrepointe Subdivision page 9 PP-06-020 CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE H~LNG DATE OF JUNE 22, 2006 Exhibit A: Preliminary Plat (dated March 10, 2006) i® s-~ Q a 8 e t rar °~ o b "u a z zi eroua3s ~ ad~nra&nS 3t -trail .ePfVd/PL~ 38Q0!'7 'H'A9 ~~ .a~e~....~; 1 `~ ~'tjp `~r~'~a`~ ~ ~~~t~~al~{~1~~ f ~~ Centrepointe Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 22, 2006 Exhibit A: Landscape Plan (dated Apri15, 2006) v. w ~i~d ,~~~ ~._ ~'3~ -fin ~r`i ~.-Z~. _. _ _ _ -NL__~ ~ I ' ~ i g ~ ~ ~) ~I1~~ 3I I~ ~' f~ 1 ICI II! ~ ,, i ~~ ~~~ I~ f,~ ~ ~~ I I~ ~) ~~~ i ~. I ~~~ ~ .!( ~~ ~ ~~ Ott Centrepointe Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE H)~NG DATE OF JUNE 22, 2006 ~ I CtletPi '~l~eW } elutad.telu~~ ~±~ ~ ~}~6~ :.~,--- 1 -- ~ _ i ~1~ ~~ _~ Vii; ~ L"F d) f ~i k K r ~_ __~ ~~ , n --~~ i ~~II ~ ! rw Centrepointe Subdivision Exhibit A Page 3 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 22, 2006 Exhibit B: Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (PP-06-020) 1.1.1 The preliminary plat labeled as S-1 prepared by Quadrant Consulting, Inc., dated March 10, 2006, is approved with the conditions listed herein. 1.1.2 All future development on the subject lots shall be required to obtain Conditional Use Permit approval. Further, each building proposed on a lot adjacent to Eagle Road shall also be subject to Design Review approval. 1.1.3 Access to Ustick Road, Eagle Road and Sadie Creek Avenue shall be consistent with the approvals of ACHD, TTD and the City of Meridian. A note shall be placed on the fmal plat restricting direct lot access to the classified roadways. 1.1.4 The landscape plan prepared by The Land Group, Inc., labeled Sheet L1.0, dated 4-5-06, is approved with the following revisions: • Construct a 35-foot wide street buffer along the entire frontage of Eagle Road and Ustick Road. All landscaping adjacent to public streets should conform to the requirements of UDC 11-3B-7. NOTE: A variance to the landscape buffer width along Eagle Road was approved by the Citv Council for this site. Please see VAR-06-013 for more information. • In accordance with UDC 11-3B-8C2, landscape planters, to prevent linear groupings of stalls in excess of 12 shall be placed within the proposed parking areas. • Construct a 10-foot wide landscape buffer along the western boundary of the site, where the lots abut residentially zoned property. • Mitigate or protect the existing trees on this site. Coordinate a plan with the City Arborist, Elroy Huff. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.5 Graphically depict on the face of the plat a 35-foot wide landscape buffer along Ustick Road and Eagle Road. Graphically depict on the face of the plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said buffers shall either be easements or within separate common lots. NOTE: A variance to the landscape buffer width along Eagle Road was approved by the Citv Council for this site. Please see VAR-06-013 for more information. 1.1.6 Graphically depict a 10-foot wide landscape buffer easement along the western boundary of the site, adjacent to residentially zoned property. 1.1.7 Provide a Fire Department and ACHD approved temporary turnaround and easement at the north end of Sadie Creek Avenue. 1.1.8 UDC Table 11-3C-1 requires all 90-degree parking stalls to be at least 9-feet wide and 19-feet long adjacent to 25-foot wide drive aisles. Further, UDC 11-3B-8C2 prohibits linear groupings of parking spaces in excess of 12. In accordance with UDC 11-3B-8C2, landscape planters, including trees and groundcover, shall be placed within the proposed parking areas. All parking shall comply with UDC 11-3C-5 and UDC 11-3B-8. To ensure that the proposed parking lot is constructed in accordance with the UDC, the applicant shall submit and receive approval of a Certificate of Zoning Compliance (CZC) permit. Centrepointe Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HUNG DATE OF JUNE 22, 2006 1.1.9 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.10 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.11 Prior to the City Engineer's signature of the fmal plat, provide the City with a copy of a recorded cross parking/cross access agreement for the proposed driveways and parking areas. Prior to signature of the final plat by the City Engineer, a copy of a recorded cross-access/ingress-egress and parking maintenance agreement should be provided to the City. 1.1.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 1.1.13 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. 1.1.16 The e~stine Development Agreement for this property remains in effect GENERAL REQUIREMENTS PRELIMINARY PLAT 1.1.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). 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. 1.1.6 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the applicant of responsibility for compliance. Centrepointe Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HT~NG DATE OF JUNE 22, 2006 1.1.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. Z. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E. Ustick Road. The applicant shall install mains to and through this property; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Per UDC 11-3A-15 the applicant shall install a pressurized irrigation system in this development. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (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. 2.8 If a pressurized irrigation pump station is to be constructed in this development it shall be located on its own lot. 2.9 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 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. Centrepointe Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 22, 2006 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. 2.13 The applicant has not indicated how the storm drainage from the proposed parking lots will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.14 Street signs are to be in place, water system shall be approved and activated, €eus~ed, and road base suitable for emereencv vehicles shall be in place, ,prior to combustible materials being brought on site. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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. Centrepointe Subdivision Exhibit B Page 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 22, 2006 d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. Provide a public turnaround at the north end of Sadie Creek Avenue. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require afire-flow consistent with the Inten~rational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The 23 office%ommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the yeaz 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The applicant shall work with Fire Department and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 The Fire Deptartment has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898- 5500 to address this concern prior to the public hearing. 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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). i. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Centrepointe Subdivision Exhibit B Page 5 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 22, 2006 ii. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.17 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 mz) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. Police Department 4.1 The police department requests that a maximum of 3-foot tall shrubs be used along walkways within the parking lot. Shrubs in excess of 3 feet create potential hiding spots. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Connect Sadie Creek Avenue (north-south public roadway) as a 40-foot street section with vertical curb, gutter, and 5-foot concrete sidewalks within 54-feet ofright-of--way. Construct a temporary turnaround at the end of the roadway and install a sign that states "This roadway will be extended in the future". 7.2 Construct a 5-foot detached concrete sidewalk within the right-of--way abutting the site to be no closer than 41-feet from the centerline of Ustick Road. 7.3 Utilize the existing right-in/right-out only access point intersecting Ustick Road approximately 400-feet west of Eagle Rod. Pave the driveway its full width and at least 30-feet into the site). 7.4 Utilize the existing full-access point intersecting Ustick Road approximately 600-feet west of Eagle Road. Pave the driveway its full width and at least 30-feet into the site. The site's existing access point intersecting Ustick Road approximately 400-feet west of Eagle Road is approved as a curb return to be no more than 36-feet wide, paved its full width at least 30-feet into the site (right-in/right-out only). Centrepointe Subdivision Exhibit B Page 6 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HUNG DATE OF JUNE 22, 2006 7.5 Comply with requirements of TTD and City of Meridian for the SH 55 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.11 Comply with the District's Tree Planter Width Interim Policy. 7.12 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. 7.13 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.14 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.15 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.16 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. 7.17 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.18 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 Centrepointe Subdivision Exhibit B Page 7 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE ZZ, 2006 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.19 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. S. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Leighton Lateral. Contact SID for additional irrigation 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 changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved the SID 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. Centrepointe Subdivision Exhibit B Page 8 CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 22, 2006 Exhibit C. Required Findings from Unified Development Code Preliminary Plat Findings (UDC 11-6B-6): In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Council finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use- Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." Council finds that the proposed subdivision is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The availability of public services to accommodate the proposed development; The site is intended for commercial uses which, based on the Comprehensive Plan description, may include retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. All urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The applicant and/or future property owners will be required to pay park and highway impact fees. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that public services can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Centrepointe Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE Hi~NG DATE OF JUNE 22, 2006 Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation on this site. The Commission and Council should reference any public testimony that xnay be presented to determine whether there are any natural, scenic or historic features on this site of which staff is unaware. Centrepointe Subdivision Exhibit C Page 2 July 7, 2006 MERIDIAN CITY COUNCIL MEETING VAR 06-013 July 11, 2006 APPLICANT Winston H. Moore ITEM NO. 5-H REQUEST Findings -Variance to UDC 11-3B-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone for Centrepoint Subdivision - NWC of Ustick Road and Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~(~ Se~ Date: - Phone: Emailed: J,(q ~y~h~~ ~{,11~ Staff Initials: Materials presented at pubUc meeting stroll become property of tfie City of Meridian. i • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • kECEIVE~ 4q~~~~ flerk ®ffice ~~~1~ ~ ~~~ "~~~~ 4d ~, tlF.1~iQ~H '~„~• ~~:~ .~~~_~ _ C b :4tiL ~i' 9k_ = s_ ~~ cZ~l7J3. ~3V~: In the Matter of Variance to UDC 11-3B-7C2 to count up to 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer along an Entryway Corridor for Centrepointe Subdivision, by Jonathan Seel. Case No(s). VAR-06-013 For the City Council Hearing Date of: June 22, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 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). VAR-06-013- PAGE 1 of 3 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the provisions listed in Section 9 and the findings listed in the Staff Report for the hearing date of June 22, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request to use up to 15-feet of ITD right-of--way towards the required 35-foot wide landscape buffer along Eagle Road is hereby approved; and, 2. The applicant shall be required to comply with the provisions listed in Section 9 of the Staff Report for the hearing date of June 22, 2006. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of June 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-013- PAGE 2 of 3 i ~ By action of the City Council at its regular meeting held on the ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED_~ VOTED__z~~/(v VOTED ` _ c~~~ ~~y..~ VOTED_ G~ZGti TIE BREAKER ~_ MAYOR TAMMY de WEERD VOTED ~® ~b%~~ _ ~ ' ` d/~a ~ Q ~\`\~e BY~ Dated: -1- ~ $. 0 ~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-013- PAGE 3 of 3 Copy served upon: / Applicant ,/~~~~orooral llstlll°~~ ~-Planning Department / Public Works Department City Attorney CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H~IG DATE OF JUNE 22, 2006 STAFF REPORT Hearing Date: 6/22/2006 TO: Mayor & City Council FROM: C. Caleb Hood, Current Planning Manager SUBJECT: Centrepointe Landscape Variance File No. VAR-06-013 -. ,., C'4~',n~ `5,_4~~ ~~~ 4~0 ~~~ ~' ~, ita.~rt~s~ ,~,}~ ~~, -®-~ , Variance request to UDC Table 11-2B-3 and UDC 11-3B-7C2 to use a portion of ITI) right-of--way towards the 35-foot wide landscape buffer requirement adjacent to Eagle Road, an entryway corridor, by Jonathan Seel. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11-3B-7C2 which require: 1) 35-foot wide landscape buffers along entryway corridors; and, 2) the entire landscape buffer along streets to be on a common lot or within a permanent easement. If approved, the Variance would allow the applicant to count some of the adjacent TTD right-of--way towards the landscape street buffer width. The applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet (see Exhibit A for proposal). The applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. SiJNIlVIARY RECOMMENDATION The City Council has final decision authority on Variance applications. Staff is recommending approval of the subject Variance application (VAR-06-013) for the reasons listed herein. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See the analysis, in Section 8 of this report, for more details.) 3. PROPOSED MOTION (to be considered after the public hearing) Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-06- 013, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR-06-013, as presented in Staff Report for the hearing date of June 20, 2006 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here.) Continuance I move to continue File Number VAR-06-0013, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of Ustick Road and Eagle Road; Township 4N, Range 1 E, Section 32 b. Owner: Winston H. Moore 1940 Bonito Way #160 Meridian, ID 83642 Centrepointe Landscape Variance VAR-06-013 Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 22, 2006 c. Applicant: Jonathan Seel for W.H. Moore 1940 Bonito Way #160 Meridian, ID 83642 d. Representative: Jonathan Seel e. Present Zoning: C-G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11-3B-7C2 which require: 1) 35-foot wide landscape buffers along entryway corridors; and 2) for the entire buffer to be on a common lot or within a permanent easement. If approved, the Variance would allow the applicant to count some of the adjacent ITD right-of--way towards the landscape street buffer width. The applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet. h. Applicant's StatemendJustification: As Exhibit A shows, once we complete ITD's required improvements fronting Eagle Rod, there is as much as 27 feet of remaining right of way, we refer to as surplus. Our request to the City is that Mr. Moore landscape this surplus right of way in exchange for reducing our 35 foot landscape buffer requirement to 20-feet from the CentrePoint property line. As our landscape plan shows, we propose exceeding this requirement along the majority of Eagle Road through a combination of surplus right of way and private land. ITD's long term plans don't call for using this surplus right of way. In fairness, why would TI'D ask Mr. Moore to spend $1.3 million of his own funds if there was any potential to deviate from ITD's improvement plans (please see the applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- SA-1), apublic hearing is required before the City Council on this matter. b. Newspaper notifications published on: May 29 and June 12, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: May 26, 2006 (for City Council hearing) d. Applicant posted notice on site by: June 10, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: This is a mixed use area. There is a home improvement store, a planned retail department store, several single-family homes, and other planned commercial uses in this area. c. Adjacent Land Use and Zoning: 1. North: Vacant, zoned C-G 2. West: Champion Park Development, zoned R-8 3. South: Future commercial, zoned C-G 4. East: Commercial, zoned C-G d. History of Previous Actions: In 2004, the current property owner and the City entered into a Centrepointe Landscape Variance VAR-06-013 Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 22, 2006 Development Agreement (DA) for this site. In 2006 the DA was amended to include a 1.5 acre piece of property. All of the subject site was zoned to C-G and has a DA provision that requires each use to obtain either detailed CUP approval or receive approval for a planned development. The applicant has also submitted for preliminary plat approval on this site (Centrepointe Subdivision, PP-06-020). e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None. 2. Vegetation: Agricultural, with some existing trees that should be protected or mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There are a couple of irrigation/drainage ditches that bisect the property. 5. Hazards: None identified. 6. Size of Property: 31.37 acres £ Landscaping -Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan proposes a 20-foot wide buffer along Eagle Road. The UDC requires landscape buffers along streets to be either placed in a separate common lot or a landscape easement. The applicant has submitted the subject variance to allow a 20-foot wide landscape buffer along Eagle Road (please see attached Landscape Plan). 7. AGENCY COMMENTS MEETING On April 14, 2006 staff held an agency comments meeting. However, no comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 8. UNIFIED DEVELOPMENT CODE REQUIIZED VARIANCE FINDINGS Staff finds that the following UDC sections are pertinent to the Variance application (staff analysis in italics below section): 8.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the fmdings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The applicant is requesting to provide a 20-foot wide landscape buffer on this site, where 35-feet is required. In addition to the 20 feet of the applicant's property proposed for landscaping, up to 27 feet of ITD right-of--way will also be landscaped by the applicant (the submitted landscape plan shows sod within the right-of--way, no trees or shrubs are proposed). Council is generally supportive of this request. There are portions of the right- of-way where turn lanes and acceleration and deceleration lanes reduce the adjacent "surplus" right-of--way down to approximately 10 feet. Staff has contacted Stanley Consultants who is working on the roadway improvements for Eagle Road in this area. Centrepointe Landscape Variance VAR-06-013 Page 3 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE H1~NG DATE OF JUNE 22, 2006 Gary Funkhouser, of Stanley Consultants has verified that, except where there is a deceleration lane to turn into this site from south bound Eagle Road, at least 15 feet of surplus right-of--way will exist adjacent to this site. By requiring the applicant to provide a full 20 feet of landscaping on this property, the City is ensured that at least a 35-foot wide landscape buffer will be provided along Eagle Road. If the applicant provides at least a 20-foot wide landscape buffer on their property and landscapes the surplus right- of-way, Council fmds that a special privilege will not be granted to the applicant. Staff and Council anticipate that other property owners along Eagle Road will ask for similar variances, if the Council approves the subject variance. If Council is inclined to approve this variance request, Staff asks that you provide direction on if you would like to see the standard changed in the UDC for landscaping requirements along Eagle Road. By providing this direction, Staff will be able to provide better information to future applicants. NOTE: The UDC requires a 10-foot wide pathway along Eagle Road. The applicant's landscape plan depicts this pathway within the 20-foot wide landscape buffer and not within ITD's right-of--way, reducing the landscape area on their property to 10 feet. B. The variance relieves an undue hardship because of characteristics of the site; When ITD purchased the right-of--way from the subject applicant, staff believes that ITD envisioned Eagle Road being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan. To ensure that the subject property owner is not stuck with maintaining and enhancing the surplus right-of--way adjacent to this site after ITD gets done with the Eagle Road improvements, Council recommends approval of the subject variance. NOTE: Staff has contacted ITD staff about the feasibility of vacating the surplus right-of--way back to the applicant. ITD staff was not supportive of this proposal. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare. 9. RECONIlVIENDATION Staffbelieves that the applicant's request meets the "findings test" for anting a variance (see Section 8 1 above.), and is recommendine approval of the variance with the following_provisions• 1. That the applicant be required to provide a 20-foot wide landscape buffer easement along the Eagle Road frontage of this property. 2. That the applicant obtain approval from the ITD to landscape the surplus right-of--way for Eagle Road adjacent to this site. Surplus right-of--way shall mean all area behind the curb. 3. Landscape materials shall be generally installed as shown in the Landscape Plan in Exhibit A, and in compliance with the requirements of the UDC. Centrepointe Landscape Variance VAR-06-013 Page 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEt~G DATE OF MARCH 21, 2006 ExhibitA ~~ 'w l~I~~ 99t8B~1@/~ ~l~d I 1 ~~ ~!; ~~ --~~ ~ ~ ~~ ~ - -I- - ~- _ ;;_ ~; ~ - t~~L _~ ~~ ~ - ~_ _ -- ~~ , ~ --a a. ~i 1 1 ~ ~ - _. _ ~I 1 t I I I I~ ~ I c,~ ~,_ . ~lil ;e:,~~e° w ao-m o wr r.~...} w ~ ~ r a `~~~ a ~~ ~_ Exhibit A Page 1 CITY OF MERIDIAN PLANMI~EPARTMENT STAFF REPORT FOR THE HE.~G DATE OF MARCH 21, 2006 eeae m~au -- - - t ~1~ i ~~ _--~_ _ ~ ~_ - .: ~ _ - ~_~~ _- ~I - C ~~~y --_ `a"~J - r _. - I ~ ~ Std ~ ~ ~~ ~ ~ ! I g_ i p i~ f i 1 ~ a ~ i i ~ e ~~ ~° ~ ~ ~ ~ ~ .~; ~ - ~-- amt 6~~9~~ ~ ....._ } § 6k~#t ~n~~ Qy~J I~ " c~b~ A ~~, ~- ~" a Exhibit A Page 2 ~ ~ July 7, 2006 AZ 06-018 MERIDIAN CITY COUNCIL MEETING JUIy 1 1, 2006 APPLICANT Incline Village, LLC ITEM NO. 5-I REQUEST Findings -Request for Annexation and Zoning of 20.01 acres from RUT to R-4 for Incline Village Subdivision -north side of Cherry Lane and west of Black Cat 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 DISTRIC7 HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings Contacted: ®AX~rI ~, Date: Phone: 31 ~ -1~(~ Emailed: ~l ~~ . ~~ ll-~.~h'Y~ Staff Initials: ~ ~ a Materials presented at public meetings shall became property of the City of Meddlan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RECEii~;~? ~UL 0 ~ 2000 ,~"it~ f Meridian ~, ~ ''ry~,. clerk ice d~F"p'aff .t~ tl:i~l~ 1~~~ ~'Yl~ ~.,~ , t~, 4 u~:~~ a ..,, ;. ~. ~~~.~ ,_. - ;,~ ~ In the Matter of Annexation and Zoning of 20.01 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND Preliminary Plat approval of 64 single-family residential building lots and 7 common lots on 20.01 acres, for Incline Village Subdivision, by Incline Village, LLC. Case No(s).: AZ-06-018 and PP-06-016 For the City Council ]Hearing Date of: June 27, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 27, 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-06-018 / PP-06-016 -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 June 27, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped February 8, 2006, by J.U.B Engineers, Inc., is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant also agrees: 1. The number of building lots to be platted shall total not more than 61; 2. A multi-use pathway shall be constructed on Lot 25, Block 3, as shown on the revised preliminary plat. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 27, 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-018 / PP-06-016 -PAGE 2 of 4 and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council 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 June 27, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-018 / PP-06-016 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~` ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~~~CGt- COUNCIL MEMBER JOE BORTON VOTED__~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__Z~~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYS .. "d~ WEERD r ~~~~a~~ ~isss ATTEST: ~\ ~' ~~ /~'; ~ ~~~~ WILLIAM G. BERG, JR., C C ERA ~ ~~, ~ '~ \~ ~ '~ ~ ~ ~o ~op~~yo/',BON ~ae~a~+t` \~> Copy served upon: / Applicant ~+~'+ 9 ~ -7 Planning Department -~-Public Works Department -~ City Attorney BY~ Dated: ~ - ~ ~ -( j City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-018 / PP-06-016 -PAGE 4 of 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H1~NG DATE OF JUNE 27, 2006 STAFF REPORT Hearing Date: 6/27/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 ~~ :~ = rt~v' ~rr~ ~5 ~ t ~~~i~lc~~~ .~~ ~~~ ~~~ ~~ 4 ro.~~~ ,,,;. ~,. ,:~: ., jF SUBJECT: Incline Village Subdivision AZ-06-018 Annexation and Zoning of 20.01 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-016 Preliminary Plat approval of 64 single-family residential building lots and 8 common lots on 20.01 acres in a proposed R-4 zone, by Incline Village, LLC. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Incline Village, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 20.01 acres of property currently zoned RUT in Ada County. The site is located on the north side of Cherry Lane, approximately 950 feet west of Black Cat Road. Currently, there are three single-family homes and associated outbuildings on this site. All three of the existing homes are to remain on site, on proposed lots. The site is composed of four tax parcels and has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Incline Village Subdivision (AZ-06-018 and PP-06-016) with the conditions listed in Exhibit B of the Staff Report The Meridian Planning and Zoning Commission heard the item on May 4 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Daren Fluke ii. In opposition: Don Clower, Steve Cady, Brent Law iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Location of multi-use pathway in this area and through this site. c. Key Commission Changes to Staff Recommendation: i. Accepted applicant's proposals for fencing type, limiting 3 lots to single-story homes, and micro-path construction on this site. The Commission also recommended approval of the revised preliminary plat dated Apri119, 2006 (please see Exhibit B for all Commission changes). d. Outstanding Issue(s) for City Council: i. None. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 1 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-018 and PP-06-016 as presented in staff report for the hearing date of June 27, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-018 and PP-06-016 as presented during the public hearing on June 27, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-018 and PP-06-016 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/L,ocation: 1947 & 1923 N. Black Cat Road and 5136 W. Cherry Lane; north side of Cherry Lane, approximately 950 feet west of Black Cat Road / 3N1 W4 b. Owner: Bob L. Kell, Shannon Smith, and Phillip Smith 1820 Mace Road Eagle, ID 83616 c. Applicant: Incline Village, LLC 1820 Mace Road Eagle, ID 83616 d. Representative: Daren Fluke, J-U-B Engineers, Inc. e. Present Zoning: RUT (Ada County) £ Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20 acres to R-4 and Preliminary Plat approval of 64 single-family buildable lots and 8 common lots. All of the homes within the development are proposed to be single-family detached. There are l O lots that are below the minimum 8.000 sauare foot minimum lot size of the proposed R-4 zone The average lot size in the proposed development is 10,200 square feet. The gross density of the project is 3.2 dwelling units per acre. About one acre of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 2/8/06 2. Date of landscape plan (attached in Exhibit A): 2/23/06 (revised 3-23-06) h. Applicant's Statement/Justification: We believe that we have designed a viable, attractive project that complies with the spirit and intent o the Meridian Comprehensive Plan and Zoning Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 2 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 Ordinance. We look forward to working with the city on this project (please see Applicant's Submittal Letter fro more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Apri13`d and 17~` 2006 (for P & Z Commission hearing) and June 5~` and 19~`, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24~', 2006 (for P & Z Commission hearing) and June 2°a, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10~', 2006 (for P & Z Commission hearing) and June 17 , 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There are three single-family home and some associated outbuildings on this site. The existing homes are to remain. b. Description of Character of Surrounding Area: This area contains a mix of five-acre parcels in Ada County, developing subdivisions in the City, and two churches. It is anticipated that area to the west and south will not be able to develop in the City until sewer service is available. This area is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Turnberry Subdivision, zoned R-4 2. East: Two churches, zoned L-O; Single-family homes on large parcels, zoned RUT (Ada County) 3. South: Single-family homes on large parcels, zoned RUT (Ada County) 4. West: Single-family homes and agriculture on large parcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer stub to this property from Turnberry Subdivision to the north, and a sewer trunk in Black Cat Road. Location of water: There is a water stub to this property from Turnberry Subdivision to the north, and 12-inch main in W. Cherry Lane to the south. Issues or concerns: The need for a sewer easement through the property to the east of this to extend sewer service. Ability to provide sewer service to the southernmost existing house. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE N~NG DATE OF JUNE 27, 2006 2. Canals/Ditches Irrigation: The Stafford Sublateral lies along the northern boundary of this property. There appears to be other irrigation ditches that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low-Density Residential) 5. Size of Property: 20.01 acres f. Subdivision Plat Information: 1. Residential Lots: 64 2. Non-residential Lots: 0 3. Total Building Lots: 64 4. Common Lots: 7 5. Other Lots: 1(Nampa-Meridian Irrigation Well Lot) 6. Total Lots: 72 7. Gross Density: 3.2 units per acre (net density is 3.65 d.u./acre) 8. Minimum House Size: 1,400 square feet g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25-foot wide landscape buffer is required adjacent to arterial streets. Cherry Lane is a classified arterial roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.1 acres/5.5% 4. Other landscaping standards: Landscaping adjacent to multiuse pathways and micropaths should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G- 3E2). h. Amenities: Open space, micropath, and park lot. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Incline Village Subdivision AZ-06-O18/PP-06-016 PAGE 4 CITY OF MERIDIAN PLANNl~ DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 Frontage 60 60 Lot Size 7,242* 8,000 * All buildable lots must be at least 8,000 square feet. k. Proposed and Required Non-Residential: N/A Summary of Proposed Streets and/or Access: Access to the two northernmost homes is currently provided from a private access easement to/from Black Cat Road. The existing home to remain neaz Cherry Lane currently takes access to Cherry Lane. The applicant is proposing to remove these existing accesses and provide access to all of the dwellings within this development via internal public streets. For this development, the applicant is proposing to construct a new public street access to Cherry Lane (Powder Way), and extend O'Conner Avenue into the site from the north. All of the internal streets aze local streets with 36-feet wide street sections (measured back of curb to back of curb) and contain 5-foot wide attached sidewalks. The applicant is proposing to provide two stub streets, one to each of the undeveloped properties to the east and west. Staff is generally supportive of the proposed street system. ACHD has not submitted comments and conditions back to the City for this project. However, City Staff has spoken with ACHD staff about this prof ect and does not believe that there aze any significant changes to the plat that will be required from the District. ACHD's conditions will be included in Exhibit B once they are received by the City (prior to Council). 7. COMMENTS MEETING On March 31, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 64 single- family lots on 20.01 acres for a gross density of 3.2 dwelling units/acre. The proposed density is above the anticipated density for this azea. Staff is recommending that the applicant remove at least three of the proposed lots, so the density of this development complies with the Comprehensive Plan. 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. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 5 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 27, 2006 • 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 Fite Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter 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 the one stub street currently provided to this property from the north (O'Conner Avenue). In addition, two stub streets are being proposed to the eastern and western parcels that are currently zoned in Ada County RUT, which staff anticipates will re-develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. 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 I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six foot tall closed fence around the boundary of this development, including adjacent to Cherry Lane. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 6 CITY OF MERIDIAN PLANI~i DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 27, 2006 information. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct a micro path so the lots in the northern portion of this development have easy access to the proposed park area. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal N, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The existing access to Chery Lane, an arterial street, should be removed. The new public street connection to Cherry Lane, has been reviewed and approved by ACFID. City Staff is also supportive of the location of Powder Way; no additional access points to Cherry Lane should be allowed Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the north, south, east and west, as well as the churches to the east, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the east and west. The applicant is proposing to construct a six foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, most of the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large county parcels to the internal 8,000 square foot lots. Stafffinds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. 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. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 7 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 27, 2006 The subject application includes a request for the R-4 zone. Turnberry Subdivision to the north obtained an R-4 zone. The LDS church and the ~h Day Adventist Church obtained L-O 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 if at least three buildable lots are removed (providing a gross density of 3.05 dwellings/acre), the density and zoning for this property would be 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. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: 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. General Standards: As mentioned above, there are ten lots that do not conform to the minimum lot size requirement of the R-4 zone. All of the proposed lots comply with the standard street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Therefore, the applicant must meet all dimensional standards. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on February 9, 2006 by Ronald M. Hodge, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 8 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 Special Considerations: Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive elan desienation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney, Bill Nary, at 888-4433 to initiate this process The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 61 single-family building lots shall be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. o That the anulicant construct amulti-use uathwav on Lot 25, Block 3, as shown on the revised preliminary plat. • That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACRD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. • That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in. Lot 2 Block 4 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. Incline Village Subdivision AZ-06-O18/PP-06-016 PAGE 9 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H1~TG DATE OF JUNE 27, 2006 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Densi : As noted previously in this report, this area is designated for low density residential uses. Low density residential is defined as up to three dwelling units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are existing rural lots to the east, west and south of this site. Therefore, staff is recommending that at least three lots: Lot 3, Block 1, Lot 8, Block 2, and at least one lot in Block 3 be removed. This will place the density of the development at 3.05 dwelling units per acre, consistent with the Comprehensive Plan. The Meridian Police Department has commented that Lot 8, Block 2, creates a residence that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. The applicant should work with Lt. Bob Stowe to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors (See Exhibit B). Staff believes that the only way this comment can be complied with is if Lot 8, Block 2 is removed. Multi-Use Pathway: The Parks Department has commented that they need a multi- use pathway through this site. The Parks Department has given the applicant several options for location of said pathway. Said pathway shall be 10-feet wide and constructed to either tie in with the sidewalk on Black Cat Road or Cherry Lane, and continue on to the west property line. If constructed from Black Cat Road, the applicant shall use the existing access easement between the LDS church and the 7~' Day Adventist Church to the western boundary, OR construct a 10-foot wide multi- use pathway from Black Cat Road using the existing access easement to the first street in development, then north to Safford Lateral (as a 5-foot wide sidewalk), then west along Safford Lateral (if allowed by Settlers' Irrigation District) to west boundary, OR construct a 10-foot wide multi-use pathway from Black Cat Road into the site using the existing access easement to the first street in the development, then north across the Safford Lateral (as a 5-foot wide sidewalk) to tie into the sidewalk in Turnberry Subdivision. If constructed from Cherry Lane, the applicant shall construct the pathway on the west side of Powder Way (in lieu of concrete sidewalk if allowed by ACRD) to the Marcum property (Parcel No. S 1204438650). Landscaping_ The landscape plan prepared by Jensen Belts, Associates, on 2-23-06 (revised 3-23-06), labeled Sheet #L-1 is approved with the following modifications/notes: • Construct a 25-foot wide street buffer along Cherry Lane, exclusive of ACRD right-of--way. Said buffer should be constructed in accordance with UDC 11- 3B-7. • Per UDC 11-3G-3A, set aside at least 5% (1 acre) of the site for useable open space. • Incorporate Lot 3, Block 1, into the common park area, Lot 2, Block 1. • Place landscaping, as allowed by the Public Works Department, within Lot 25, Block 3. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 10 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H)~NG DATE OF JUNE 27, 2006 • Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 squaze feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5-foot wide landscape strip on both sides of the proposed micropath on Lot 20, Block 2, and the Pazks Department required multi-use pathway, and construct trees at a rate of 1 tree per ever 351ineaz feet. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standazds of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Cherry Lane and a private street to Black Cat Road. Except for the proposed public street, Powder Way, direct lot access to Cherry Lane and Black Cat Road should be prohibited; place a note on the final plat. The applicant should abandon any vehiculaz access interest this property has in the private street easement to Black Cat Road. Staff recommends that prior to signature of the final plat by the City Engineer, the applicant be required to submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject pazcels have in the private street (coordinate the drafting of this document with the City's Legal Department.) Stub Streets: The applicant should be required to provide public stub streets to the Cady property to the east (Pazcel #S 1204449100) and the Marcum property to the west (Parcel #51204438700) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. All existing buildings to remain shall be located/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6-foot solid fencing along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed azound the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common azeas shall be the responsibility of the Incline Village Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, including the Safford Sublateral, but exclusive of any natural waterway, that intersect, cross or lie within the azea being subdivided shall be covered. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 11 CITY OF MERIDIAN PLAM'~ DEPARTMENT STAFF REPORT FOR THE H~[NG DATE OF JUNE 27, 2006 be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, 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. b. Staff Recommendation: Staff recommends aoAroval of the subiect auplications A~06- 018 and PP-06-016, with the conditions listed in Ezhibit B of the Staff Report for the hearing date of June 27.2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 2-8-06, revised 4-19-06) 2. Landscape Plan (dated: 2-23-06, revised 3-23-06) 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. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 12 CITY OF MERIDIAN PLAN2~ DEPARTMENT STAFF REPORT FOR THE H~iG DATE OF JUNE 27, 2006 A. Drawings 1. Preliminary Plat (Revised 4-19-06) WS'M HACFAY~"3U e~Ni RO 0?d7tiYlt® QAa7i "~'ai~ ~ - .. - tVN k~tt.'g IJtW H m'm'YPovade32 end °°.~' ~m~~. 4HtlC#1 d1IF(I~. Y~~/YVV('i(7 Y p~ '!_ c`i D &~f AIaet£{81~,3E~Vt~IIYJN! 4 ~ ~,.. a;:I U :! _ X33+--i 7 ~ _. . L _~F.!mr_a ~ ~Kr~" ~~ s9 db a3=za :9 $~ s a ~ s f ,.. ~..__-_, i1 ~ pp 9 ~~ 5~ ! ~•~ ~~~~~ Q~~~~ laa~ ~pq g B ; ~ ~r,1, y6T~g A ~~~~~~~~~9 =~ e9~~ ~ say r a~ .~~~~ ~~~ !o III ~ ~ ~~~ ~gg~ ~ ~ ~ . , ~, ~ ~ ~A ~ ;• t~ieoy~atf E'.~ a~ ~ EH8 •! ~~! a ~ a; daH ! (~ ~ I ~ r~a4~ ~,~ ~ ~~ f~~ a t~ ~ ~1 ~ ~ ~ ~~ . .eiE e~ c e~ 5. s{~ I / _~ j ~p> 1 ..i ~ 9~5 a b'~~~ i r D ~ 9t f ' ~ ~ ~~N~~ UaR e~ t ~ ~ • ~. t ~ 1 ;~.~ din ' ~~,~ 6 Y Exhibit A -Page 1 CITY OF MERIDIAN PLAM~~ DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 27, 2006 Landscape Plan (dated 2-23-06, revised 3-23-06) -~ ~ - - ,~ -f. °~' ~~ ~ - nna aera~t3de _ ~ #~ a. e Q ~ j ~ 5a If ~'ggyy II f ~ ~e • ~~ ~''i -o ~s~" ~i ~~ f 7 pI ~ ~ ~ '. / 1~ a ~ ffi~ ~ e~ ~ ~~ ~ . ; ~n~ ~ .~~~~~ ~ t ..,. OB~ Exhibit A -Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 27, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIlVIINARY PLAT (PP-06-016) 1.1.1 The preliminary plat labeled as Sheet 1 of 3, prepared by J-U-B Engineers, Inc., dated April 19, 2006, is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-018) application shall also be considered conditions of the Preliminary Plat (PP-06-016) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 2-23-06 (revised 3-23-06), labeled Sheet #L1-1 is approved wrath the following modifications/notes: • Construct a 25-foot wide street buffer along Cherry Lane, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11- 3B-7. • Per UDC 11-3G-3A, set aside at least 5% (1 acre) of the site for useable open space. • Place landscaping, as allowed by the Public Works Department, within Lot 25, Block 3. • Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work-with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5-foot wide landscape strip on both sides of the proposed micropath on Lot 20, Block 2, and the Parks Department required multi-use pathway, and construct trees at a rate of 1 tree per ever 351inear feet. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application(s). 1.1.3 All lots within the development shall conform to the dimensional standards of the proposed R-4 zone, including a minimum 8,000 square foot lot size. At least 10 days prior to the City Council hearing, submit 10 full size and one 8.5" x 11" copy of the revised preliminary plat that depicts all changes requested by the Commission. 1.1.4 Place a note on the face of the final plat that prohibits direct lot access to Cherry Lane and Black Cat Road. 1.1.5 Prior to signature of the fmal plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private street easement to Black Cat Road (coordinate the drafting of this document with the City's Legal Department.) Exhibit B -Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 1.1.6 Provide public stub streets to the Cady property to the east (Parcel #S 1204449100) and the Marcum property to the west (Parcel #51204438700) as proposed. 1.1.7 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. The accessory structures on Lot 10, Block 2, Lot 3 and 4, Block 4, and Lots 11 and 12, Block 3 shall be removed prior to the signature of the final plat by the City Engineer. 1.1.8 Provide a 6-foot tall solid fence around the perimeter of the development, as proposed. Vinyl fencing shall be installed adjacent to the Cady's property (adjacent to Blocks 3 and 4). A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.9 The applicant shall construct a minimum 10-foot wide multi-use pathway on this site. The multi- use pathway shall be constructed in accordance with the Meridian Park Department's requirements. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 1.1.10 Maintenance of all common areas shall be the responsibility of the Incline Village Home Owners' Association. 1.1.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, including the Safford Sublateral, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. 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. 1.1.1 Z Underground, pressurized irrigation must be provided to all lots within this development. 1.1.13 The future homes on Lots 5, 6 and 7, Block 3, shall be limited to a single-story. Bonus rooms shall be allowed on the subject lots, but no south facing windows are permitted. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-016) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as Exhibit B -Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 27, 2006 proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Departnnent 2.1 Sanitary sewer service to this development is being proposed via extension of mains located in Turnbenry Subdivision and trunks in Black Cat Road. The applicant shall install mains to and through this development, 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 Sub-standard grade shall be allowed on the off-site sewer of no less than 0.30%. 2.3 Prior to construction plan approval the applicant shall submit an executed easement for the sewer being proposed through the property to the east. The easement shall include Public Works standard language (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8-1/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be signed by the property owner granting the easement, and sealed, signed and dated by a Professional Land Surveyor. 2.4 Any sewer mains not located in the right-of--way shall have a 14-foot wide all weather access road, built to Meridians Standard Specifications, placed over the sewer main to facilitate cleaning and maintenance of the sewer system and its appurtenances. 2.5 Water service to this site is being proposed via extension of mains in Turnberry Subdivision. The applicant shall be responsible to install water mains to and through this development, including connecting to the 12-inch main in W. Cherry Lane, coordinate main size and routing with Public Works. The applicant shall execute Meridian's standard form of easements for any mains that are required to provide service. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "fmal draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. Exhibit B -Page 2 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR THE I~NG DATE OF JUNE 27, 2006 2.8 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. 2.9 The applicant shall be responsible for the payment of assessments and the actual physical hook- up of the existing houses to the municipal services. If the house on Lot 2 Block 4 cannot gravity to the proposed mains, a single grinder pump shall be installed. No other lift stations shall be allowed for this development. 2.10 The following lots do not meet the required minimum lot size of 8,000 square feet for the R-4 zone. The applicant shall revise the plat so all lots meet minimum frontage and square footage. a.) Lot 2, Block 2. b.) Lots 4, 5, 8, 13, 20, 21, and 22, Block 3. 2.11 All existing structures spanning proposed lot lines or not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 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. 2.15 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro-paths, Exhibit B -Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, high-pressure sodium streetlights 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. 2.27 No manholes or water valves are allowed within roundabouts. If utility lines run under the roundabouts then trees shalll be prohibited. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on 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. Exhibit B -Page 2 CITY OF MERIDIAN PLANI~r DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 27, 2006 3.4 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. Cul-de-sacs require a 96-foot radius. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 64-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 186 residents at build out. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Lot 8, Block 2, creates a residence that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. The applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Exhibit B -Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 27, 2006 5.3 Pathway and Trail standards: The applicant should be required to construct a 10-foot wide multi- use pathway through this site from either Black Cat Road or Cherry Lane. The required pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions ofAppYOVaI 1. Construct the site's access intersecting Cherry Lane approximately 143-feet east of the west property line, as proposed. 2. Construct sidewalk in compliance with District policy along Cherry Lane located a minimum of 41-feet from the centerline of the roadway. Dedicate 48-feet of right-of--way from the centerline of Cherry Lane abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 4. Extend O' Connor Avenue to the north (with Turnberry #2 Subdivision), as proposed. Consult District staff regarding the utilization of the road trust deposit funds set aside from Turnberry #2 for the cost of piping and paving over the Safford Sublateral where O'Conner Street connects. Construct one new stub street to the east from W. Cornice Street located approximately 370-feet north of the south property line; and one new stub street to the west from W. Cornice Street located approximately 370-feet north of the south property line, as proposed. 6. Provide traffic calming along N. Powder Way (i.e. chokers, bulb-outs, traffic circles, etc.). The applicant should coordinate the location and design of the traffic calming devices with District Traffic Services staff. 7. Construct internal streets as 36-foot street sections with curb, gutter, and 5-foot attached concrete sidewalks within 50-feet ofright-of--way. 8. Comply with all Standard Conditions of Approval. Exhibit B -Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 27, 2006 Standard 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. 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 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B -Page 2 CITY OF MERIDIAN PLAM'~r DEPARTMENT STAFF REPORT FOR THE H~NNG DATE OF JUNE 27, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B -Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 C. Legal Description Prvjeet: tO-OS-125 i)ate: February 9, 2QINn INCLJNE VILLAGE ANNE3fAT[ON 8Ot1NDARY That portion of the Southeast 114 of Bastion d, Township 3 North, Rare 1 West, Boise Meridian, Ada Calmly, idalro, and more particularly deseribed as follaw~: Commertsing at the Southeast comer of Section 4; these atar9g the Southerly boundary of the Southeast 1 /4, North 89° i7'10° West, 990.65 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 89° 17'16° west, 334.35 feet to the East 1 / 16 tamer of Section 4; thence slang the westerly Im+mdary of the East 1 /2 of the Sa~east 1 /4 of said sectiot-, North 00°4126° East, 1,475.33 feet; thence South 89 ° 18'47" East, 793.86 feet; thence South OQ°37'43° westd 822,68 feet; thence North 89°22"30" West, 481.44 feet; thence 5auth 00°36'00" West, 652.31 feet to the POINT OF BEGINNING. Contairring 20.006 acres, mare or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Itu. Ronald M. Huge, P.LS. 8575 z-~ -e~ REV W APf'FyOVA I3Y~J MERIli1kN F€JE~LIG WCSRMS ~~PT. RMfi/ttk:ihc P:1GdLU®-OS•t24 • Irtelane VUlage4sa•09.123 • ad~n1n10euriptiunse14-05-t25-Arrno~e.~e Exhibit C -Page 1 CITY OF MERIDIAN PLANr~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 ~_ r _ S~9'~~4~'E `Fbt~'86m _.e~ ~ .. 1 I 1 1 I1 1 1 1 1 ri 1 M I 1 1 i J _ ' ~~ j ~M89~'$~~YP 451.44 t 1 r N T w SCALD: 1"~ ' i 1 FdE ~PJ lxPPR VAL +r 1 1 ;ATE .=•aa>ti 66JB1.lG ~~;'•:aa V]EPT 1 1 J 1 1 1 _ ~~~81Y~1 ~~ ~f89'17"IO~pf '3J~'.~i "'fir' ~ VM. ~Y LANE AIiIl+~7U1TlGtE+1 E10~1917' Exhibit C -Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that future development of this property will comply with the established regulations and purpose statement of the R-4 zone, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zonine of this property to R-4 would be in the best interest of the City if the applicant enters into a Development Acreement fDA) with the Citv. 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: Exhibit D -Page 1 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 27, 2006 1. The plat is in confformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout as it generally complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D -Page 2 July 7, 2006 C~ PP 06-016 MERIDIAN CITY COUNCIL MEETING July 11,2006 APPLICANT Incline Village, LLC ITEM NO. Jr-~ REQUEST Findings -Request for Preliminary Plat approval of 64 single-familyh residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision -north side of Cherry Lane west of Black Cat 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 Affached Findings ~~ ~P Contacted: ~r~ F~ll 1YA.. Date: '(-~Q -p~,p Phone: ~ ~p --133 0 Emailed: DF1la.1C~~ j~.C~~ Staff initials: Materials presented at public meeting shag become property of fhe CNy of Mertdlan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8~ ORDER ~ RECEIVES ,'~~~~ ~~Meridian ~ ~ ,. e 4'~'r' a~ir~ ~~~~?~~~_~ Yerl~ O~Ce 9. _ •, ~ ~~ .~~° ~s k _ -_ ; In the Matter of Annexation and Zoning of 20.01 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND Preliminary Plat approval of 64 single-family residential building lots and 7 common lots on 20.01 acres, for Incline Village Subdivision, by Incline Village, LLC. Case No(s).: AZ-06-018 and PP-06-016 For the City Council Hearing Date of: June 27, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 27, 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-06-018 / PP-06-016 -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 June 27, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped February 8, 2006, by J.U.B Engineers, Inc., is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant also agrees: 1. The number of building lots to be platted shall total not more than 61; 2. A multi-use pathway shall be constructed on Lot 25, Block 3, as shown on the revised preliminary plat. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 27, 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-018 / PP-06-016 -PAGE 2 of 4 • and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council 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 June 27, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-018 / PP-06-016 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~ r day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_z~~ COUNCIL MEMBER JOE BORTON VOTED_~~~~/ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ ,~~~ COUNCIL MEMBER KEITH BIRD VOTED_ cG~,(,~.. TIE BREAKER MAYOR TAMMY de WEERD VOTED - M~~('1~~ >s,~e WEERD ATTEST: ~ ~~~ ~~~~ - ~ WILLIAM G. BERG, JR., CL~ ~ . ~` ~ ,~` ~ ~~ ~° o ,, q. d e\ Copy served upon: ~ Applicant ~~ Planning Department Public Works Department City Attorney By: Dated: ~ -~ ~ ' ~ ~ ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-018 / PP-06-016 -PAGE 4 of 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H>~NG DATE OF JUNE 27, 2006 STAFF REPORT Hearing Date: 6/27/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 l ,; fi.ty e'tv~r' rig ~ + ~ ~ ~r11` t _.~ Lpf. Jd i_.Nf .~ =~~'I~aB-.tti1~.. ~~h1S~ ...a SUBJECT: Incline Village Subdivision AZ-06-018 Annexation and Zoning of 20.01 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-016 Preliminary Plat approval of 64 single-family residential building lots and 8 common lots on 20.01 acres in a proposed R-4 zone, by Incline Village, LLC. 1. SiJ1VIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Incline Village, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 20.01 acres of property currently zoned RUT in Ada County. The site is located on the north side of Cherry Lane, approximately 950 feet west of Black Cat Road. Currently, there are three single-family homes and associated outbuildings on this site. All three of the existing homes are to remain on site, on proposed lots. The site is composed of four tax parcels and has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Incline Village Subdivision (AZ-06-018 and PP-06-016) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on Mav 4, 2006. At the public hearing t,~hev moved to recommend a~nroval. a. Summary of Public Hearing: i. In favor: Daren Fluke ii. In opposition: Don Clower, Steve Cady, Brent Law iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Location of multi-use pathway in this area and through this site. c. Key Commission Changes to Staff Recommendation: i. Accepted applicant's proposals for fencing type, limiting 31ots to single-story homes, and micro-path construction on this site. The Commission also recommended approval of the revised preliminary plat dated April 19, 2006 (please see Exhibit B for all Commission changes). d. Outstanding Issue(s) for City Council: i. None. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 1 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE I~NG DATE OF JANE 27, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-018 and PP-06-016 as presented in staff report for the hearing date of June 27, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-018 and PP-06-016 as presented during the public hearing on June 27, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-018 and PP-06-016 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: 1947 & 1923 N. Black Cat Road and 5136 W. Cherry Lane; north side of Cherry Lane, approximately 950 feet west of Black Cat Road / 3N1 W4 b. Owner: Bob L. Kell, Shannon Smith, and Phillip Smith 1820 Mace Road Eagle, ID 83616 c. Applicant: Incline Village, LLC 1820 Mace Road Eagle, ID 83616 d. Representative: Daren Fluke, J-U-B Engineers, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20 acres to R-4 and Preliminary Plat approval of 64 single-family buildable lots and 8 common lots. All of the homes within the development are proposed to be single-family detached. There are l O lots that are below the minimum 8,000 square foot minimum lot size of the proposed R-4 zone. The average lot size in the proposed development is 10,200 square feet. The gross density of the project is 3.2 dwelling units per acre. About one acre of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 2/8/06 2. Date of landscape plan (attached in Exhibit A): 2/23/06 (revised 3-23-06) h. Applicant's Statement/Justification: We believe that we have designed a viable, attractive project that complies with the spirit and intent o the Meridian Comprehensive Plan and Zoning Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 Ordinance. We look forwazd to working with the city on this project (please see Applicant's Submittal Letter fro more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Apri13~ and 17~' 2006 (for P & Z Commission hearing) and June 5"' and 19`x, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24~`, 2006 (for P & Z Commission hearing) and June 2~, 2006 (for City Council hearing). e. Ap~licant posted notice on site by: April 10~', 2006 (for P & Z Commission hearing) and June 17 , 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There are three single-family home and some associated outbuildings on this site. The existing homes aze to remain. b. Description of Character of Surrounding Area: This azea contains a mix of five-acre parcels in Ada County, developing subdivisions in the City, and two churches. It is anticipated that azea to the west and south will not be able to develop in the City until sewer service is available. This azea is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Turnberry Subdivision, zoned R-4 2. East: Two churches, zoned L-O; Single-family homes on large pazcels, zoned RUT (Ada County) 3. South: Single-family homes on lazge parcels, zoned RUT (Ada County) 4. West: Single-family homes and agriculture on lazge pazcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer stub to this property from Turnberry Subdivision to the north, and a sewer trunk in Black Cat Road. Location of water: There is a water stub to this property from Turnberry Subdivision to the north, and 12-inch main in W. Cherry Lane to the south. Issues or concerns: The need for a sewer easement through the property to the east of this to extend sewer service. Ability to provide sewer service to the southernmost existing house. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 3 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE H1~NG DATE OF JUNE 27, 2006 2. Canals/Ditches Irrigation: The Stafford Sublateral lies along the northern boundary of this property. There appears to be other irrigation ditches that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low-Density Residential) 5. Size of Property: 20.01 acres f. Subdivision Plat Information: 1. Residential Lots: 64 2. Non-residential Lots: 0 3. Total Building Lots: 64 4. Common Lots: 7 5. Other Lots: 1 (Nampa-Meridian Irrigation Well Lot) 6. Total Lots: 72 7. Gross Density: 3.2 units per acre (net density is 3.65 d.u./acre) 8. Minimum House Size: 1,400 square feet g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25-foot wide landscape buffer is required adjacent to arterial streets. Cherry Lane is a classified arterial roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.1 acres/5.5% 4. Other landscaping standards: Landscaping adjacent to multiuse pathways and micropaths should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G- 3E2). h. Amenities: Open space, micropath, and park lot. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Front Living Area (to sidewalk) 15 Side Accessed Garage (to sidewalk) 15 Front Accessed Garage (to sidewalk) 20 Side 5 Rear 15 Required 15 15 20 5 15 Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 4 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE H~NNG DATE OF JUNE 27, 2006 Frontage 60 60 Lot Size 7,242* 8,000 * All buildable lots must be at least 8,000 square feet. k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: Access to the two northernmost homes is currently provided from a private access easement to/from Black Cat Road. The existing home to remain near Cherry Lane currently takes access to Cherry Lane. The applicant is proposing to remove these existing accesses and provide access to all of the dwellings within this development via internal public streets. For this development, the applicant is proposing to construct a new public street access to Cherry Lane (Powder Way), and extend O'Conner Avenue into the site from the north. All of the internal streets are local streets with 36-feet wide street sections (measured back of curb to back of curb) and contain 5-foot wide attached sidewalks. The applicant is proposing to provide two stub streets, one to each of the undeveloped properties to the east and west. Staff is generally supportive of the proposed street system. ACHD has not submitted comments and conditions back to the City for this project. However, City Staff has spoken with ACRD staff about this project and does not believe that there are any significant changes to the plat that will be required from the District. ACHD's conditions will be included in Exhibit B once they are received by the City (prior to Council). 7. COMMENTS MEETING On March 31, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 64 single- family lots on 20.01 acres for a gross density of 3.2 dwelling units/acre. The proposed density is above the anticipated density for this area. Staff is recommending that the applicant remove at least three of the proposed lots, so the density of this development complies with the Comprehensive Plan. 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. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 5 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H)~NG DATE OF JUNE 27, 2006 • The subject lands currently lie within the jurisdiction of the Meridian Rural Fite 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 Sheriffs 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 (ACtID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter 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 the one stub street currently provided to this property from the north (O'Conner Avenue). In addition, two stub streets are being proposed to the eastern and western parcels that are currently zoned in Ada County RUT, which staff anticipates will re-develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. 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 I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six foot tall closed fence around the boundary of this development, including adjacent to Cherry Lane. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 6 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 information. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct a micro path so the lots in the northern portion of this development have easy access to the proposed park area. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The existing access to Cherry Lane, an arterial street, should be removed. The new public street connection to Cherry Lane, has been reviewed and approved by ACfID. City Staff is also supportive of the location of Powder Way; no additional access points to Cherry Lane should be allowed. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the north, south, east and west, as well as the churches to the east, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action S -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the east and west. The applicant is proposing to construct a six foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, most of the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large county parcels to the internal 8, 000 square foot lots. Staff finds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. Chapter VII, Goal N, 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. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 7 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 The subject application includes a request for the R-4 zone. Turnberry Subdivision to the north obtained an R-4 zone. The LDS church and the 7`" Day Adventist Church obtained L-O 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 if at least three buildable lots are removed (providing a gross density of 3.05 dwellings/acre), the density and zoning for this property would be 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. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: 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. General Standards: As mentioned above, there are ten lots that do not conform to the minimum lot size requirement of the R-4 zone. All of the proposed lots comply with the standard street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Therefore, the applicant must meet all dimensional standards. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on February 9, 2006 by Ronald M. Hodge, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 8 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H)~NG DATE OF JUNE 27, 2006 Special Considerations: Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive elan designation and does not ne atg ively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 61 single-family building lots shall be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. + That the auplicant construct amulti-use nathwav on Lot 25. Block 3. as shown on the revised ureliminarv plat. • That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACRD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. • That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in. Lot 2 Block 4 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 9 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H)~1VG DATE OF JUNE 27, 2006 Z. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Densi : As noted previously in this report, this azea is designated for low density residential uses. Low density residential is defined as up to three dwelling units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There aze existing rural lots to the east, west and south of this site. Therefore, staff is recommending that at least three lots: Lot 3, Block 1, Lot 8, Block 2, and at least one lot in Block 3 be removed. This will place the density of the development at 3.05 dwelling units per acre, consistent with the Comprehensive Plan. The Meridian Police Department has commented that Lot 8, Block 2, creates a residence that will be isolated from their surrounding neighbors. Such azeas have an increased crime potential. The applicant should work with Lt. Bob Stowe to revise the plat/site plan such that the houses/dwelling units in the general azea are oriented toward one another and encourage interaction between more neighbors (See Exhibit B). Staff believes that the only way this comment can be complied with is if Lot 8, Block 2 is removed. Multi-Use Pathway: The Parks Department has commented that they need a multi- use pathway through this site. The Parks Department has given the applicant several options for location of said pathway. Said pathway shall be 10-feet wide and constructed to either tie in with the sidewalk on Black Cat Road or Cherry Lane, and continue on to the west property line. If constructed from Black Cat Road, the applicant shall use the existing access easement between the LDS church and the 7`" Day Adventist Church to the western boundary, OR construct a 10-foot wide multi- use pathway from Black Cat Road using the existing access easement to the first street in development, then north to Safford Lateral (as a 5-foot wide sidewalk), then west along Safford Lateral (if allowed by Settlers' Irrigation District) to west boundary, OR construct a 10-foot wide multi-use pathway from Black Cat Road into the site using the existing access easement to the first street in the development, then north across the Safford Lateral (as a 5-foot wide sidewalk) to tie into the sidewalk in Turnberry Subdivision. If constructed from Cherry Lane, the applicant shall construct the pathway on the west side of Powder Way (in lieu of concrete sidewalk if allowed by ACRD) to the Mazcum property (Parcel No. S1204438650). Landscaping The landscape plan prepazed by Jensen Belts, Associates, on 2-23-06 (revised 3-23-06), labeled Sheet #L-1 is approved with the following modifications/notes: • Construct a 25-foot wide street buffer along Cherry Lane, exclusive of ACRD right-of--way. Said buffer should be constructed in accordance with UDC 11- 3B-7. • Per UDC 11-3G-3A, set aside at least 5% (1 acre) of the site for useable open space. • Incorporate Lot 3, Block 1, into the common pazk azea, Lot 2, Block 1. • Place landscaping, as allowed by the Public Works Department, within Lot 25, Block 3. Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 10 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H~IG DATE OF JUNE 27, 2006 • Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5-foot wide landscape strip on both sides of the proposed micropath on Lot 20, Block 2, and the Parks Department required multi-use pathway, and construct trees at a rate of 1 tree per ever 35 linear feet. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Cherry Lane and a private street to Black Cat Road. Except for the proposed public street, Powder Way, direct lot access to Cherry Lane and Black Cat Road should be prohibited; place a note on the fmal plat. The applicant should abandon any vehicular access interest this property has in the private street easement to Black Cat Road. Staff recommends that prior to signature of the fmal plat by the City Engineer, the applicant be required to submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private street (coordinate the drafting of this document with the City's Legal Department.) Stub Streets: The applicant should be required to provide public stub streets to the Cady property to the east (Parcel #S1204449100) and the Marcum property to the west (Parcel #51204438700) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. All existing buildings to remain shall be located/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the fmal plat by the City Engineer. Fencing: The applicant is proposing to construct 6-foot solid fencing along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Incline Village Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, including the Safford Sublateral, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 11 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H)~NG DATE OF JUNE 27, 2006 be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends aauroval of the subiect apulications A~06- O18 and PP-06-016, with the conditions listed in Exhibit B of the Staff Reuort for the hearine date of June 27.2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 2-8-06, revised 4-19-06) 2. Landscape Plan (dated: 2-23-06, revised 3-23-06) 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. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Incline Village Subdivision AZ-06-018/PP-06-016 PAGE 12 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 A. Drawings 1. Preliminary Plat (Revised 4-19-06) ~~ A4 ~+- 'I~ ~(' ~ ° U v- ' r 5 aa~__ ' ' J ; ~_ ~ + , aS , }!+ 9 ~ `~ a '~' ~5~ tlC == a -- I ' - sd a~ 9~ ~~~ ~3=re :9 Ra @s~~ $ ®a.s g t ~~ &[ ~ ~~~~ 9~ 1~~ ~~a® ~ ~i e ' g f- g e ~ ® d ~ ~+~ 4~~a k~ ~ ~ ai~~a ~ ~ e3 ~ys $ ~6 +` ~~ to ~~ i'i18~ ~ a~ S~+ 6~Y a ~ ~ 11 o i ,; ~:~ !, ~ $ _ A ~ a0 ~ ~~~ ~ ~ 4 6g ~.i f~ a~ ~ 1 ~ °g ~6 S~ b ni $ cr ~, ~ ~ ~a ~e~ I ~ b ~$ °0 ~' „• °oi Ss ~~~ ~„ ,, __ rig ~~ ~~~` ~ ~ u~ ~ ~ _, b° i ~ 1. ' 9o®r .. ~ d$fl e Exhibit A -Page 1 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HI~1~TG DATE OF JUNE 27, 2006 Landscape Plan (dated 2-23-06, revised 3-23-06) ~ ~ e~aesosr ~, e gg }} ~ ~ ~~ ~g.ffi. a~9 c ,~~ -~ ~~ ~I •, ~. , . un,,.anar~e - .~,~~ 'A!l~1QSf YQV `Nt{1GI~3Yd P ;'~"~ _~ ~ IS ~1ttT1A ~[~ 11 '~~ ~; ~I ~l~~ ~ _ ~ _ s ~~~ ~ I ~~ e ~~~~ ~ I ! a ' ~ ~ ~~ ~ ~~ ~ ~p Exhibit A -Page 2 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HI~1VG DATE OF JUNE 27, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-016) 1.1.1 The preliminary plat labeled as Sheet 1 of 3, prepared by J-U-B Engineers, Inc., dated April 19, 2006, is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-018) application shall also be considered conditions of the Preliminary Plat (PP-06-016) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 2-23-06 (revised 3-23-06), labeled Sheet #L1-1 is approved with the following modifications/notes: • Construct a 25-foot wide street buffer along Cherry Lane, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11- 3B-7. • Per UDC 11-3G-3A, set aside at least 5% (1 acre) of the site for useable open space. • Place landscaping, as allowed by the Public Works Department, within Lot 25, Block 3. • Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5-foot wide landscape strip on both sides of the proposed micropath on Lot 20, Block 2, and the Parks Department required multi-use pathway, and construct trees at a rate of 1 tree per ever 35 linear feet. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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. The proceeding modifications and notes should be shown on a revised landscape plan submitted wrath the fmal plat application(s). 1.1.3 All lots within the development shall conform to the dimensional standards of the proposed R-4 zone, including a minimum 8,000 square foot lot size. At least 10 days prior to the City Council hearing, submit 10 full size and one 8.5" x 11" copy of the revised preliminary plat that depicts all changes requested by the Commission. 1.1.4 Place a note on the face of the final plat that prohibits direct lot access to Cherry Lane and Black Cat Road. 1.1.5 Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private street easement to Black Cat Road (coordinate the drafting of this document with the City's Legal Department.) Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HI~TG DATE OF JUNE 27, 2006 1.1.6 Provide public stub streets to the Cady property to the east (Parcel #S 1204449100) and the Marcum property to the west (Parcel #51204438700) as proposed. 1.1.7 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the fmal plat by the City Engineer. The accessory structures on Lot 10, Block 2, Lot 3 and 4, Block 4, and Lots 11 and 12, Block 3 shall be removed prior to the signature of the fmal plat by the City Engineer. 1.1.8 Provide a 6-foot tall solid fence around the perimeter of the development, as proposed. Vinyl fencing shall be installed adjacent to the Cady's property (adjacent to Blocks 3 and 4). A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.9 The applicant shall construct a minimum 10-foot wide multi-use pathway on this site. The multi- use pathway shall be constructed in accordance with the Meridian Park Department's requirements. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 1.1.10 Maintenance of all common areas shall be the responsibility of the Incline Village Home Owners' Association. 1.1.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, including the Safford Sublateral, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. 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. 1.1.12 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.13 The future homes on Lots 5, 6 and 7, Block 3, shall be limited to a single-story. Bonus rooms shall be allowed on the subject lots, but no south facing windows are permitted. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-016) 1.2.1 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(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as Exhibit B -Page 2 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Deparhnent 2.1 Sanitary sewer service to this development is being proposed via extension of mains located in Turnberry Subdivision and trunks in Black Cat Road. The applicant shall install mains to and through this development, 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 Sub-standard grade shall be allowed on the off-site sewer of no less than 0.30%. 2.3 Prior to construction plan approval the applicant shall submit an executed easement for the sewer being proposed through the property to the east. The easement shall include Public Works standard language (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8-1/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be signed by the property owner granting the easement, and sealed, signed and dated by a Professional Land Surveyor. 2.4 Any sewer mains not located in the right-of--way shall have a 14-foot wide all weather access road, built to Meridians Standard Specifications, placed over the sewer main to facilitate cleaning and maintenance of the sewer system and its appurtenances. 2.5 Water service to this site is being proposed via extension of mains in Turnberry Subdivision. The applicant shall be responsible to install water mains to and through this development, including connecting to the 12-inch main in W. Cherry Lane, coordinate main size and routing with Public Works. The applicant shall execute Meridian's standard form of easements for any mains that are required to provide service. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. Exhibit B -Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 27, 2006 2.8 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. 2.9 The applicant shall be responsible for the payment of assessments and the actual physical hook- up of the existing houses to the municipal services. If the house on Lot 2 Block 4 cannot gravity to the proposed mains, a single grinder pump shall be installed. No other lift stations shall be allowed for this development. 2.10 The following lots do not meet the required minimum lot size of 8,000 square feet for the R-4 zone. The applicant shall revise the plat so all lots meet minimum frontage and square footage. a.) Lot 2, Block 2. b.) Lots 4, 5, 8, 13, 20, 21, and 22, Block 3. 2.11 All existing structures spanning proposed lot lines or not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 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. 2.15 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro-paths, Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HI~NG DATE OF JUNE 27, 2006 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, high-pressure sodium streetlights 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. 2.27 No manholes or water valves are allowed within roundabouts. If utility lines run under the roundabouts then trees shall be prohibited. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on 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. Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TIC HE~TG DATE OF JUNE 27, 2006 3.4 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. Cul-de-sacs require a 96-foot radius. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 64-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 186 residents at build out. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Lot 8, Block 2, creates a residence that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. The applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HI~TG DATE OF JUNE 27, 2006 5.3 Pathway and Trail standards: The applicant should be required to construct a 10-foot wide multi- use pathway through this site from either Black Cat Road or Cherry Lane. The required pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Speci~,c Conditions ofAppYOVaI Construct the site's access intersecting Cherry Lane approximately 143-feet east of the west property line, as proposed. 2. Construct sidewalk in compliance with District policy along Cherry Lane located a minimum of 41-feet from the centerline of the roadway. 3. Dedicate 48-feet ofright-of--way from the centerline of Cherry Lane abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 4. Extend O' Connor Avenue to the north (with Turnberry #2 Subdivision), as proposed. Consult District staff regarding the utilization of the road trust deposit funds set aside from Turnberry #2 for the cost of piping and paving over the Safford Sublateral where O'Conner Street connects. 5. Construct one new stub street to the east from W. Cornice Street located approximately 370-feet north of the south property line; and one new stub street to the west from W. Cornice Street located approximately 370-feet north of the south property line, as proposed. Provide traffic calming along N. Powder Way (i.e. chokers, bulb-outs, traffic circles, etc.). The applicant should coordinate the location and design of the traffic calming devices with District Traffic Services staff. 7. Construct internal streets as 36-foot street sections with curb, gutter, and 5-foot attached concrete sidewalks within 50-feet ofright-of--way. 8. Comply with all Standard Conditions of Approval. Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HI~IG DATE OF JUNE 27, 2006 Standard 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 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE NE~iG DATE OF JUNE 27, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE Hl~1VG DATE OF JUNE 27, 2006 C. Legal Description wrogett: 10-05-125 Date: February 9, 2D~ INCIJNE VILLAGE ANNExATi~N BouNDARv That portion of the Southeast 1 /4 of Section 4, Tovrnship 3 North, Range i West, Raise Meridian, Ada County, tdatro, and more partituiarly as foUowrs: Commenting at the Southeast corner of Section 4; thanes atorcg the Southerly boamdary of the Southeast 1 /4, North 84" 1TiD° West, 98D.65 feet to the POINT GF BEGINNING; thanes csntinuing atorsg said basmdary, North 84° 17'1 West, 334.35 feet to the East 1 /16 comer of Section 4; theme along the Westerly I~dary of the East t /2 oP the Southeast 1 /4 of said section, North W°41'26° East, 1,47`5.33 feet; thence South 89 ° T 8'47" East, 793.86 feet; thence South Dig°37`43' West, 822.68 fit; thence North 89°22°30° West, 461.44 feet; thence South OD°36'DD° West. 652.31 feet to the POINT OF BEGINNING. Containing 20.~f, awes, more or less. END OF DESCRIPTIt]N Prepared bY: J-U-8 ENGUVEERS, lnc. Ronald M. Hrxlge, P.LS. 8575 z-~ -o~ `-®F `= n ,~ , v ~VE~p r MERIGIWN FUE4IBG WdrtM5 aEPT. RMH/etk:thc P:tcatu®-os-ezs • r~~ vaia~~eeo-~•~as - adm~nooesvt~tiense~o•as-tzs-~ex.doe Exhibit C -Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE H1~NG DATE OF JUNE 27, 2006 ~4~E 73.86' i ~ t ~ i 1 !t I r f ~i ~ ,~ t~ 1 ~ ~ •461.44" f '' i 1 N T ft 1 r .~~i~~: ~ ~~ ~ Iffff ~ €d~ ~ &PPR VA9. 1 +! FF ~ 2~9E~:%iAN i~W~LIL A,'.-wS+~E~'T 1 ' r 1 1 ' sa. +~4 cap, ~~ s ~a~ ~. ~~ r~gnri~w ' ~~ ~ ~ r ~ an~xnrxuu err Exhibit C -Page 2 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE Hi~iviVG DATE OF JUNE 27, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fmds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the fmdings listed above, Council finds that Annexation and Zonine of this properiy to R-4 would be in the best interest of the City, if the applicant enters into a Development Agreement (DAl with 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: Exhibit D -Page I CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HUNG DATE OF JUNE 27, 2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout as it generally complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, 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 Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D -Page 2 ~ ~ July 7, 2006 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT ITEM NO. S-K REQUEST Water Main Easement Agreement for Sunbelt Rental Building by Franklin /Stafford investments: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached Memo/Agreement ~~,~~ OTHER: Contacted: Date: Phone: - Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNfY RECORDER d, ~D NAVARRO AiVIOUNT .00 ; 6015E IDAHO 071108 D1: . DEPUTY QallOarr®tt III I~Ilfllllllll~lllli~l~l~l~lll ~ I ~II RECORDED-REQUEST OF 11~ Wleridian Cite 10~ 11 ~+ ~ 1 WATER MAIN EASEMENT THIS INDENTURE, made this 6 - % day of June, 200b, between Franklin!Stratford ]<nvestmeats, LLC, an Idaho 1united liability company, the party of the first part, and hereinafter called the Grautor, and the City of Meridian, Ada County, Idal~v, the party of the second part, and hereinafter called the Grantee; WITNESSETH: W l iEREAS, the Grantor desires to provide a water mainright-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 conilect to said pipeline from time to time by the Grantcc; NO~V, 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 Granteetheright-of-way for an easement for the construction, operation, maintenance, repair, and replacement of a water main over and across the property described on Exhibits A-1 and A-2 and depicted on Exhibits B-1 and B-2, attached hereto and incorporated herein by reference. The easement hereby granted is for. the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance, or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs, and maintenance. However, Grantee shall not be responsible for repairing, replacing, or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part oftheright-of- way and easement hereby granted become part of or lie within the boundaries of any public street, then, to such extent, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease ai-d becoiue null and void and of no further effect and shall be completely relinquished. Water Main Easen-ent Sunbelt EASMT WTR MAIN-1-] - - PnQ~~ • THE GRANTOR does hereby covenant with the Grantee that it is lawfiilly cei~ed and possessed afthe aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS 'WHEREOF, the said party ofthe first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: FRANI~LINlSTRATFORD INVESTMENTS, LLC, an Idaho limited liability company, By: Robert A. Russell, Manager STATE OF IDAHO ss. County of Ada ) Orr 11ria 1 "~ day of Jtuie, 2000, before me, a Notary Public ita and for the state of Idaho, personally appeared ROBERT A. RUSSELL, known or identified to me to be the Manager of Franklin/Stratford Investments, LLC, an Idaho limited liability company, and the person who subscribed the limited liability company's name to the foregoing instrument, and acknowledged to me that the limited liability company executed the same. IN WITNESS WFIEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certific A~1fii'~# 3t .Q„ • q•; Nn~,ak s ~~~ , ~d+ ~l~ ~ t, t C F 1D P-_..+~ ding~t~-i~fina, Idaho ~ M~ Commission Expires: 10- \`\`\,`,~~wuunr ,,~~~~~',`' GRANTEE: CITY OF MERIDIAN ~.~ ~'t ~ ''• ~ ~ 'fir .~ Tammy de W er , ayor "'-'J'am '` ~J .-' Attest by William G. B g, ty ~'k ~~'''»rrrr~aa nts~~~`'~'~``. Approved By City Council On: written. Water Main Easement Sunbelt EASMT_WTR MAIN-1-1 P~B~~- • STATE OF IDAHO ) ss. County of Ada ) ~Jr On this ~~day of fie, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM 4. 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 niy baud and affixed my official seal the day and year first above written. r C. (Sl/AL) Water Main Easement NOTARY PUBLIC FO ~,DAHO Residing at: ~~wy , Commission Expires: ~-~f /~_ Sunbelt EASMT WTR MAIN-I-I - - p~~..~....:.... :. 2501 Bogus Basin Rd. • 13oise, Idaho 83702 (20~) 3s5-os3s Fax (208) 385-0696 '.~~r': :~~ • . 97,E t. ~;_ , i , :.~.. - . ~`1 ~ ~~` ~ E) HIBIT " .... ;~;:. ~'~~''`~'=`,~' :: p~SGRIPTION OF . ,~;ti,j. ,'t'~ .f~._,..,, ., -a ^'••:ley•- ' < ~~~ t ~~ ~~ on .of Lot 31 of Block 2 of Honor Park Subdivision ;'ip9 .a.;Po,~. ,~•. ,pf :P~a~.at.Pages 8191 and 8192 ift the Office of the fteco er iid.parcel.. being situated In the NW 1/4 of Section 18, T:3N., ~ tiCoN.nty, Idaho and more particularly described as follows: tantiirpn pin marking the Northeast corner of said Lot 31; ,qf laid Lot 31 t.~t 19.61 feet to ttie OIN OF BEGI NING; thence leaving ~l~s ::.: :. ; . ~~st,,2Q.Q0.feet to a point on the South line of said Lot 31; yes~;20,Q0 feet to a point; thence leaving said South line at t..:. ; . V43~t 2Q.QO:fe~t to.a point on said North line of Lot 31; thence ..... `' ~ QI) faetto the ~ 4'";:fast 20. OINT OF BEGINNING; ' - , ~: _,- :, . :.; ~. . , . ,. :,:: . .. . ~;: . t: :its ~~~ ,'S':, ~.i• '•i ~ ~~UX1 j ~ . , . i;• • I NE CORNER LOT 31 ~ l !L of 4 O OC ZI J Y +~ a H N d Ll I V ~~G° ~ ,~~~„ ° pp,R~~i3~~ EXHIBIT 0~ ~t© WATER LINE EASEMENT I SUNBELT EQUIPMENT RENTAL _ _ d s o0•~9'36• ~ A PORTION OF LOT 31, BLOCK 2, HONOR 20.00' PARK SUB. N0. 3 THE NW I/4, SECT. 18, T.3N., R.IE., B.M., I I I MERIDIAN, ADA COUNTY, IDAHO I a - __ ~~~_. __ - ~o -I N il N ~ o 4' 0 20 40 SO . ao ~ m I SCALE IN FEET ' ~y I I' = 40 can N I ~ S •39'36` E 20.00 ~ ~~~ o ~.N ~ 20.00 ~ N 00'99'36' NI ~ W I ~ I Np N • oD ~ I `"tl na N ~ I I j/~ \'1 r 0 J 2979-drn.dwg 06-05-06 Og:D4:23 tie+lencg i N R '~~3~1 R®5 PROPOSED SUNt3ELT EQUIPMENT RENTAL ~:. .,. ,.sL . N 00.40'03" ~ 219.46' <<\" pPRG ,1,~~1 RCS pEVELOPER/OWNS l=RANK4IN/STRATFORD INVESTMENTS. LLC 8585 E. HARTFORD DR.. SUITE 500 SCOTTSDALE,AZ 85255 Pagr~.. L ' ~ S I TEALEY'S LANQ 2x01 Bogus Basin Rd. • Boils, Idaho ss7o2 t SURVEYING (aoe) 3s5-osss Pax (208) 385-0698 project No.: 2979 Date: Juno 5, 2006 EXHIBIT "A-2" DESCR{PTION OF ERIDIAN WATER LINE EASEMENT 2 FOR SUNBELT Et,'~UIPMENT A parcel of land being a portion of Lot 25 of Block 2 of Honor Park Subdivision No. 3 as on file in Baok 78 of Plats at Pratges 8191 ar-d 8192 in the Office of the Recorder far Ada County, Idaho, said parcel being situated in the NW 1/4 of Sedlon 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and mare particularly described as follows: COMMENCING at an iron pin marking the North®ast comer of Lot 31 of said 131odc 2; thence along the East line of said Lot 31 South 00°39'36" East 20.00 feet to a point; thence along the South line of said Lot 31 wrhich line is also the North Line of said Lot 25 South 89°20'24" West 139.61 feet to the JOINT OF BEGINNING; thence leaving said North line at right angles South 00°39'36" East 8.00 feet to a point; thencx~ at right angles South 89°20'24" West 20.00 feet to a point; thence at right angles North 00°39'36" West 8.00 feet to a point on said North line of Lot 25; thence along sold North tine North 89°20'24" East 20.00 feet to the POINT OP BEGINNING; 2979-Water-Ease-2•desadoa - drun pRClla ~_~-`~ { ~ 1 ` ' t z I I NF CORNER, LOT 31. -.~, BLOCK 2 b I I ~~~ FRANKLIN/STRATFORp INVESTMENTS. I.LC 8585 E. HARTFORp pR., SUITE 500 SCOTTSDALE, AZ 85255 V ° G" Q ~ P'~C~Z311 ~,OS S 00°39'36` E 20.00' I I I I ~I III ~ I ~: ~ 1 N$ I°39'36" E (0.00' A ~' N ~OQ N O ~ O W O N ~ ~N 0+ B.®0' N N ~ N 00.39'J6' W ~ I ~• t z 1 _I ~I N1 ~ ~ ~ 0 I m d J 2979•-dm.dwg 06-05-06 Ofl:09:59 dmartee s reae~L. 'a~:~?r: j 1,. Dt y~ t,, N 00 °40 `03' E 219.46' 4 ~y 1 R' DE E O ER/OwN1=R• 0 20 40 80 SCALE IN BEET ~'°40' ~ ~~ A'~ if ~ ~~ 11 .r mss:. ~~" L p PSG 1'~ ~ ~ s `` • e ~ .1. .N iSr. U Q J m PROPOSEp SUNBELT .' trQUIPMENT RENTAL F- O Nw coRNER -PARCEL °N" ROS 7377 _J~ u~~ RG~ 311 L~ Memo Ta Mayor De Weerd 8~ City Council From: Kane Glenn Ct: File Dares x/5/2006 Re: Proposed Agenda Items for July 11,2006 City Council Heeling RECEIVED JUL 0 5 2006 City ®f Meridian City Clerk Office The Public Works Department respectfully requests that the folktwlr~ items be placz~d on the July 11, 2006 City Counal agenda, on the Consent Agenda, for Cquncil's consideration; 1) W er Main F~sement for Sunbelt Rental Buildina~ by Frankl~'NStratford Investments. Typical Water Main Easement Recommended Council Action: Approve the Water Main Easement for Sunbelt Rental Building by FrankliNStratford tnvestm®nts and authorize the Mayor to sign and City Clerk to attest. Thank you for your oons~eration. City of Meridian Public Works Dept. • page 1 ~ ~ WATER MAIN EASEMENT THIS INDENTURE, made this 6 day of June, 2006, between Franklin/Stratford Investments, LLC, an Idaho limited liability company, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; V6'ITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particulazly bounded. and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and . WHEREAS, it will be necessary to maintain, service, and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant, and convey unto the Granteetheright-of-way for an easement for the construction, operation, maintenance, repair, and replacement of a waxer main over and across the properly described on Exhibits A-1 and A-2 and depicted on Exhibits B-1 and B-2, attached hereto and incorporated herein by reference. The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance, or 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 GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part ofthe right-of- way and easement hereby granted 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 Sunbelt EASMT WTR MAIN-1-1 r ~ THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party ofthe first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: FRANKLIN/STRATFORD INVESTMENTS, LLC, an Idaho limited liability company, By: ~ Robert A. Russell, Manager STATE OF IDAHO ) . ss. County of Ada ) On this I "~- day of June, 2006, before me, a Notary Public in and for the state of Idaho, personally appeared ROBERT A. RUSSELL, known or identified to me to be the Manager of Franklin/Stratford Investments, LLC, an Idaho limited liability company, and the person who subscribed the limited liability company's name to the foregoing instrument, and acknowledged to me that the limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificatd;fir`s~`~b~,te written. ,o •,`, ~, ~ ~ ~ kq~-~ 4'~' r107~q~,~ .t .~ .QF ID ~~.•`i GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: No ubhc f ~9a~io ding a , : ~, Idaho My Commission Expires: 10- - Water Main Easement Sunbelt EASMT WTR MAIN-1-1 STATE OF IDAHO ) . ss. County of Ada ) On this day of June, 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Sunbelt EASMT WTR MAIN-1-1 :. `TfEALEI.(.'S `..AND 2501 Bogus Basin Rd. ~ Soise, idaho 83702 ~~~~~ •~~~UR1/E'9([NG (2os} a8~-a6s6 Fax (208} 385-0686 '; : ,' :,. S,~L.006 .; ° ; . - ~ EXHIBIT "A-1" .:';~~:.DESCRIPTION OF ~•~~~~.~~:MERIDIAN WATER LINE - ~:.EASEMENT 1 • .. ...- :FOR ~'SI~NBELT.EQUIPMENT _r~el~f~lancl k?~ing .a•:por#ion .of Lot 31 of Block 2 of Honor Park Subdivision ~le;~r;:$ook.78,o~ Plats.at.Pages 8191 and 8192 in the Office of the Recorder .,.., ._. ~afjr;'Idalio,':~id.~.paresl, being situated in the NV11 114 of Section 18, T:3N., ~Vl~,nd~n,'~i4da ;County, Idaho and more particularly described as fotiows: 1NI~NCl1~G:°~at ;an .,iron pin marking the Northeast comer of said Lot 31; ~,~he:t~lorfl;line ,of.said Lot 31 h'~~°;20'24'•;alVe„st ~1~9.61 feet to the POINT OF BEGINNING; thence leaving ne atright;angles• :.~::~•~~ ~•• ~~ ~~nQ°39'36' :East 2Q.00. feet to a point on the South ,line of said Lot 31; ,. • $9°20'24" ~1N.e. f. 2Q.00. feet to a oint~ thence leavin said South line at i~~~Q°3;x;.36";West •20.00 feet to. a point on said North line of Lot 31; thence lorth`lrae' ~ • ~~~ ' • • ,.,... . i<8;a°20';24"; East.20,00 feet.to the POINT OF BEGINNING; 'r•l.i :; t:~ •it •~ ;:~ - ~ ~/s/f(~,(~//yam, V '~" ...... •. O'~ S ~ 5 ~.~~ . • . >>< t7~f ... • • n 0 Z J Z Q 11. I- d Ltl ~~ G,, PPRS ~3~~ R~ ^' N. ~~ 0 20 40 80 SCALE IN FEET I" = 40' p RCS PROPOSED SUNBELT ~QUIPM~NT RENTAL f :.. ~ ~+.L . lr. S ~-` ~ e...lF `~ .y V ~ ~ lb~..~` 9G~.` c 4: f- -°---~--- -- -- I J ,~`~~ N 00°40'03° E 219.46' I I d :CORNER _ _ LOT 31 S 00°39'36° E ~ ~ 20.00' ~~ t :~ I ~ I •• m m_ ; ~ ~ ~ -I ~ z Z N ml I N ~ £~ m ~ ~ I ~ ~ 1 m Z cn m (~ I N N S 00.39'36` E 20.OO~I 3 y `~~: o N O ~`.~ '0 N ~20.OC'~ °D N 00°39'36" W N w I N i o N 0~ 110 Z _I m) pl N I N ~~j I ,yJ I W f' j • d~ m ~'` I I 29'19-drn.dwg 06-05-06 09:04:23 dmorks ~ ~ Project No.: 2979 Date: June 5, 2006 EXHIBIT "A-2" DESCRIPTION OE MERIDIAN WATER LINE EASEMENT 2 FOR SUNBELT EQUIPMENT A parcel of land being a portion of Lot 25 of Biock 2 of Honor Park Subdivision No. 3 as on file in Book 78 of-Plats at Pages 8191 and 8192 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northeast comer of Lot 31 of said Block 2; thence along the East line of said Lot 31 South 00°39'36° East 20.00 feet to a point; thence along the South line of said Lot 31 which line is aVso the North Line of said Lot 25 South 89°20'24" West 139.61 feet to the POINT OF BEGINNING; thence leaving said North line at right angles South 00°39'36" East 8.00 feet to a point; thence at right angles South 89°20'24" West 20.00 feet to a point; thence at right angles North 00°39'36" West 8.00 feet to a point on said North line of Lot 25; thence along said North (ine North 89°20'24" East 20.00 feet to the POINT OF BEGINNING; 2979-Water-Ease-2-desc.doc - dnm • i I NE CORNER, LOT 31, BLOCK 2 i i i i i b m O m w v N O N m z V Q S 00°39'36° E 20.00' ~I ml I N I ~ I N m NS 00°39'36• E ~a.®o' 3 3 ~.- '~ O ' Np '~ Q p O N ' p N ,~ ~N N ~ m 8.00' cn ~ N 00°39'36° W I s I a f _I X31 m N N Exxxr~rr ,B-2" N G~~ p R 5 Z3~~ WATER L N~BEASEMENT 2 SUNBELT EQUIPMENT RENTAL A PORTION OF LOT 25, BLOCK 2, HONOR PARK SUB. No. 3 THE NW I/4, SECT. 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO N. ;~ 0 20 40 80 SCALE IN FEET I" = 40' R N U 0 J m PROPOSED SUNBELT .' EQUIPMENT RENTAL In CU 1- 0 ~s ~ ~ ~ I NW CORNER : ~••F;_;~~ ;~ o ~ I PARCEL "N" `'''''~ ''' m ~ ROS 7377 m JI __ -- _ ~ N 00°40'03° E 219.46' J „~~ PPS ~3~~ ~o 2979-drn.dwg 46-05-06 09:09:59 dmarks DEVELOPER/OWNER: FRANKLIN/STRATFORD INVESTMENTS, LLC 8585 E. HARTFORD DR., SUITE 500 SCOTTSDALE, AZ 85255 ~ ~ July 7, 2006 MERIDIAN CITY COUNCIL MEETING July 11,2006 APPLICANT ITEM NO. S-L REQUEST contract for Installation of Linder Road PRV with Stnr ~~-,~+.~ ~~+a~., AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at p~ebflc meeflrtga shad become properly of fhe City of Meridian. • AGRFF.MTNT FOR i LIleTDER PRESSURE REDUCIIV'G VALVE WITH STAR CONSTRUCTIOI~T, LLC. THIS AGREEMENT is dated the ~ day of /c~~' in the year 2006 by and between City of lV.[eridian, Ada County, Idaho (hereinafter called OW1V1rR) and Star Construction, LLC. (hereinafter called CONTRACTOR}. OWNER and CONTRACTOR, inconsideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 Vt'ORK. The GONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: All labor and materials and permits required to construct the Linder Pressure Reducing Valve as detailed in the cover letter and construction plans for tins project provided to the contractor on June 19, 200b. All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Detailed Description of Work The work is described in detail in the Construction Plaus Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER The City of 1Vleridian Public Works Department is to act as OWN'ER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in conaection with completion of the Wnrk in accordance with the Contract Documents. Article 3 CONTRACT TII1!IE. The Work will be completed by August 18, 2006. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current fiords as follows: $55,872. ArfJicle 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the JE'ublic Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15°t day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progess payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to S% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 7/12/2006 Page 1 of 3 • • Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Wank, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Departmem written notice of all contl~icts, errors or discrtpancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article S CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. $.3 Construction Plans and cover letter. 8.4 CONTRACTOR'S bid. 8.5 2005 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information I; or Bidders, contained herein. 8.6 Revisions to the Standard Specifications and Special Provisions. 8.7 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.8 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.9 City of Meridian Standard Specifications & Drawings - 2002 8.10 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 7/12/2006 Page 2 of 3 n Article 9 MISCELLANEOUS. ~ J 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such co~asent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignme~ no assignment will release or discharge the assignor from any duly or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIOPTS. None 1N WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agrccment will be effective on ~ ~d-ri2~~^- 2006. OWNER Owner ley: Name: Tatum Ma or CONTRACTOR Contractor ~ LLC By. ~ r Narr~: ~' G(L.- fJ` .~X,f2~'df~`,f,'C"72- Approved by Clty Council:. J~ {~~~ ~,,,,~,~ ~~ [CORPORATE SEAL] ~ ~ ~~ ~~ Attest FYI `T~~ 1i.f j -~ ~ At~st William G. Berg, Jr. Citg Cler - ^~ .~ .~ ~ Address forgiving notices ~~.,j ~r T t ~~ ' ~~, ~,a~ddress forgiving notices 33 East Idaho Ave '',/~~~~~~tt~~~~~~R``\`` PO Box 157 Meridian. ID 83642 Star.ID83 9 Public Works License No,-442 -,A,-4 7112/2Q06 Page 3 of 3 • • To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File Dates July 6, 2006 Re: Proposed Agenda Item for July 11, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 6 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Star Construction for Linder PRV This contract is for the installation of a Pressure Reducing Valve (PRV) near the intersection of Linder and Franklin. Public Works contacted three contractors to bid on this work but and received two bids. Star Construction submitted the lowest bid of $55,872. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Star Construction for installation of the Linder PRV for a cost of $55,872, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 Ci ty of Mer idi an Pu bl ic Wor ks D ept. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer /~~ CC: File Date: July 6, 2006 Re: Proposed Agenda Item for July 11, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 6 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Star Construction for Linder PRV This contract is for the installation of a Pressure Reducing Valve (PRV) near the intersection of Linder and Franklin. Public Works contacted three contractors to bid on this work but and received two bids. Star Construction submitted the lowest bid of $55,872. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Star Construction for installation of the Linder PRV for a cost of $55,872, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 Jul•10. 2006 7~40Ah~ No•6640 P• 1 660 E. WateROwer Ste 200 Meridian, ID 83642 Phone: (208)898-5500 Fdx; (208)898-9551 ~, ~UL 0 ~ 2000 City ®f Mi~[eridia~ City Clerk ice To: Tara Green From: Kyle Radek, P.E., City of Meridian Fa~c 887-4813 Date: July 10, 2006 Phone: Pages: 2 Re: Linder PRV Council Agenda Item CC: O Urgent D For Review O Please Comment ^ Please Reply O Please Recycle Comments: JUL 10 '06 07 58 PAGE.01 Jul 10 2006 7~40AM No•6640 P• 2 ~~ Linder Pressure Reducing Valy® (PR1~ Bid Schedule Bid Opening: 7/6/2008 ttem it®m Desch tion Unk Est Qty Unit Price Total Price 1 M~ilizatlon " LS 1 p - /5^ _ 12 PRV Vault Per Detail 2 Drawin EA 1 ~~ - • ~~ PRV Bypass Per Detail. Le _ ~ "L" Is a roxi 10 feet Eq 1 /.0,105 %D,lo~~ ' LS I 1 17.~"O - I ~7SD 5 Traffic Control LS 1 ! IAD r /00 - 307.4.1.G.1 T e P Surface Restoration SY 4 - 2 706.4.1.E.1 Sidewalk SY 14 D-' D .,.. 706.4.1.A.7 Curb and Gutter T II LF 25 ~fS S-- i Total of Bid Schedule Respeclfulty Subrri i - Sir ~ n~~ ~~~~,~~ l~~ gnature Name of Company Name -~~-~OX /5~_ 5~~~ ,D ~~~~ g Address . ;' ran L~~/~~r-- / -~ License Number OC Date j i i JUL 10 '06 0?~58 PAGE.02 i ~ July 7, 2(~6 SHP Ob-~5 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT Chris Anderson ITEM NO. 5-M REQUEST Request for Short Plat Approval of Silverstone Square Condominiums consisting of 22 condominum units on 2 parcels of ground on 2.32 acres in a C-G zone AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ge® a1~gCh@d CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: /'" G ADA COUNTY HIGHWAY DISTRICT: 1 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Mct®rials presented ad pubOc meeting shall become properly of the City of Meridian. ~ > , ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS STAFF REPORT: r~ TO: Anna Canning, Planning Director FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator DATE: July 6, 2006 SUBJECT: Silverstone Square Condominiums I'YI C JUL 0 7 2006 City ®f Meri.clian City Clerk (Office a Request for Short Plat Approval of Silverstone Square Condominiums Consisting of 22 Condominium Units on 2 Parcels of Ground on 2.32 Acres in a C-G zone by Chris Anderson of Sundance Investments Limited Partnership (File# SI-IP-06-005). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full: APPLICATION SUMMARY & LOCATION The applicant, Chris Anderson, has applied for short plat approval of 22 condominium units on 2 parcels of ground on 2.32 acres in a C-G zone for Silverstone Square Condominiums. The proposed condominiums will be located in an existing structure consisting of two levels. The first level will consist of 10 units and the second level will consist of 12 units. The units will range in size from approximately 1,400 square-feet to 2,800 square-feet. Silverstone Square Condominiums is lo' ated at 1660 5. Jade and 3815 E. Overland, in the NW % of Section 21, T.3N., R.lE; parcels A and l~dn Record of Survey number 7123. The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. Staff recommends approval of Silverstone Square Condominiums with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as Mixed-Use Regional. The current zoning district of the proposed plat is C-G (General Retail and Service Commercial District). The proposed plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services have been extended into each lot from adjacent streets. Fire, police, solid SHP-06-005 Silverstone Square Condos SHP.doc PAGE I CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPA~MENTS STAFF REPORT waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the plat will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the condominium plat will not require major expenditures for providing supporting services. The developer and/or future owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds that the creating condominiums within the existing buildings will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic featueres. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS Water, sewer, pressurized imgation, and the storm system have all been installed and approved prior to this application. 2. Complete the Certificate of Owners and the accompanying ackaowledgement. 3. Revise the Domestic Water Service Statement in the Certificate of Owners to reference the City of Meridian, instead of United Water. 4. Applicant is to meet all terms of the approved conditional use permits (CUP-03-044 and CUP-OS- 059) and certificate of zoning compliance approvals (CZC-OS-135 and CZC-06-035). 5. Revise the following note(s) on the face of the plat prepared by Tealey's Land Surveying, stamped on 05/30/06 by Patrick A. Tealey, prior to signature of the plat by the City Engineer: 1.) ...Conditional Use Permits CUP-03-0^^, rrro n~ n~^ and CUP-OS-059. 2.) ...Conditional Use Permits CUP-03-0^^, nrro n~ n~^ and CUP-OS-059. 6. Comply with all conditions of Ada County Highway District as they relate to this short plat. Staff s failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. SHP-06-005 Silverstone Square Condos SHP.doc PAGE 2 CITY OF MERIDIAN P•NNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT FIRE DEPARTMENT COMMENTS Fire Department has no comment on this application. STAFF RECOMMENDATION Staff recommends approval of the short plat for Silverstone Square Condominiums (SHP-06-005) with the above stated comments and conditions. SHP-06-005 Silverstone Square Condos SHP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP• MENTS STAFF REPORT N S ~~ 0 S ~ SOUiH JADE AVEFAIE ~ a pa•o•ro•y aesn• - ~.uT _-_~-_ nv~p~ --_-_- •°y ~ 5 _ _ _ _ N 00_D'16_ E 261.52' i ``, ~ ____- i z 1 1 ~ ~ I °a 1 I I ~ i ~ I ~~ ~n~ll 4 I I m'" I ~(p~ D I ~ al l i l I I 1 I p 1 N I ~I ~ ~ N I w ~ zl ~ ` i "c ~ .~\ I y~\ ~ I~ e a c ;1 8i ~ m I ~ ul ~a o I m I - ! S ` ~ I I~ ~ 1• $ I ~_ 1 G I I I O !o p I ii8cc I - I j p 1 I w I I I I I I ~, I I p p o I I 1 1 L _ 1 I 1 e I ~ I I I - - - - - s 00'46'14• W 2BL76' - - - 1 s o ~a ~ 4ROF.~, I, ~ l SIlXER:iTINiE SQUARE. RUHQIVILIgI.1 ~ d Pi A~ -E~ p ~~J ~ N N ~ F~Yn L ~' ~~~ ~ `y ~r ~~ gC ~ ~~~ 8 ~~ ~~a ~ ~~~ $$ ~~ ~ ~~~ ~lllm ~ ~ ~ ~ ~ ~ ~s ~ ~~ ~~~ $~ Z a I ~ Z s ~ ~ ~~ ~~ ~~ ~~ ffi~ ~~~ $$ ~~~ "~ ~ ~ ~ ~ ~ ~ ~ m as s ~~ ~~ tr~ s ~e ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~~ g~g~~ ~~ 3 ~ m ~8 ~ ~~ ~~ ~~ q$~ ~3 ~ ~ ~ I9 z ~~ ~ 4~ ~~ ~ s fi¢ ~? o s e ® v as ° 'I' 2 ~~,, ~ ~m o~ F ~C w ~ 1~~1~-~/1 Y L~ ~~~ ~ ~~~ ~ ~~ ~i '~ ~p ~ ~ '° ~ ~ ~~~~o ~~~ o ~~ ~ ~~ d O h H ICI SHP-06-005 Silverstone Square Condos SHP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ~~3 m 0 ~~~Z ~~~ 9 ~ ~ I $ S A T a ~~ ~ ~ ~ a~~ ~ ~ ' y C'~C ° t ~ I 8 Z ~~ ~8 O ~ ~ ~ ~ r N ~' z s a m ~ ~~g Cf~ ~ y Rs "~ ~ a ~ ~~ ~O m~~ O X Z ~ ~ ,t„ °~~ O ~ ~ ~ ~ ~~yy- ~ Z H N m 0 z a SHP-06-005 Silverstone Square Condos SHP.doc PAGE 5 IC WORKS DEPAKTMENTS STAFF REPORT CITY OF MERIDIAN P~NNING AND PUBL ® ® ~~ ~ 5 g~ ® ~ ~ sa a ~~ ~ ~ ~ ~, o c 5 ® ~~ 9TM8 y>'M• ~.~.• X0.8>• 0 s • 16.1!' t _~ a` • : ® g _ __....__. ~_. g C • .__.. ._..___. __ ~ ~ c "O ~ _.- _:_ Nm 8~ - C m N k ® ~ .ea 1~ ~ r. s~~~~~~ ~ ~~~ aw• a~ ~as$e ~ ® k ag 1D.i sr\ ® ~ 11R ~ ~ s m1 ~~ LRQFfi.~y, w 8 ~ a 'S ~ YS ~,yy' ~ ~ s v Ca3 ~M ~ ~ ^': ~ ~ a ~~ d~~~ ~ ~ fb °~a °' .~ ~Y~ k ?IL~h w s. u .fl eL • -" wa>• V W ~ ~' y ~ ~ s A e ~~ z ~ H u ~ o ~~ o O• N 6.m• a N 9.6T ~ ~ $ r 9A6' 3.96' /~ ~N. .. ~\~ee.~ ® ~~~m m ~~$o ~r ~~ W ~-3 ~ s~ ~~~ ~ ~ ~ a ~~~m~ '~1 a g a ~ g~ .s aDI O- N ~ 'y {~~} 6 ~ F-' ~ m~ O z SHP-06-005 Silverstone Square Condos SHP.doc PAGE 6 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 1 $ LOT }Lf tN 1~ 60 ~ ~ 1O1 LOL' 1311 Lip tN 111 \~ TLY tOi lOJ L01 Ltd LOU G~ ~~L ~. C V ~ 8 ~ b~ ~ ee C N_ N N ~ 9 • a S 8 ~ C z aaa ~ ~ 8TA6tO 9.D• u PoBy ~~• c e \ e 4 Ge M m ® 1 ~ ~ ~ N ~ ® ~ Q s F G N DAO• N ~ E 5 TC 2 ® ~~• @39' + u~ ~ • yL43• i ~ ii 4J0• G 4 ~~ m.00' ~ C 4 "1 N ~~ 3E ~~~ ~B ~~~ ~ ~ N o ~ o Kv. LL ~tr ~ ~ gg gg C~i C ~ ~ s ° Lw• ~ EgEgg ~ ~$~ nos• ~• etnv ~ •, • ~ 8 R ~ \\~ Brame ~ • Lat ~ N 'd b ~ r~ m .i ~ ae.BB• iebB' StC ~ O •~ Ge 4 C 4 ~~• ~b~ ~~ •.jZ C Ge A ~ ~ ® ~ Y ~ ~ ® L ..~L t J 1~/f O N ~ ~ ~ .~ y t'"~ rNr^^ ~ v[ ~~• ea• N -•3 ~ ~ p SrAma m,es• 39a ~ ~J 6~ eB.le• >aa• ~R• s D ~y ' 4~ ~ V' Fs ~ C a ~ ~ ••~ e V ~ ~s P ~ Z . ~ s ~ N g _ r- ~ ~ ~ ~'~~ ~ -Di fi ~ O 'i ~ G~ w lm w L98 Lw 6w 311 311 601 tOAO' ~ LO/ " O ~ s -u+ ~ ~ 2 .N ` 1 ~ ~ ~ ~~ 4R0~~, .~ ~ Z ~ ~ o ~ ~ ~ ~ ~a~ ~ ~, ~ Kea ~' !~' G ~ ~ ~ • a ~ 1~ °"~ ~~l r~~ e~ ti r'^ ~~-~ ~ ~ g ~ I~ ~~ Zitl~. :;: ~ u ~ O ~ ~ SHP-06-005 Silverstone Square Condos SHP.doc PAGE 7 CITY OF MERIDIAN P~NNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT s g gQgg €.€. .. '~ Wg ~ ~~~s ~~R~ °HSFlrF'~a mam rm~ ~~~ $ s~ § p @ ¢ gg g yg n g ~~~~ ~ ~RYRY Ys 6~ ~~~p~c"'~6~d ~°~ ~ o ~ ~s~~f ~ ~~gs~~ ~ ~~ ~~ ~~~~ ~~~ ~~~~~~°g~~ ~ ~ ~~~o~ I s §~ ~ ~ ~ ~~ ~ ~ R ~~qR F.~~~ w i ~~~~ R ~~~~ ~ ~ ~ R ~ R p€~R ~~~~ ~ ~ ~~ I ~~~~ ~ ~ ~ a~ ~ y~e~~ ~~~ f ~~ > l R ~ € e ~ ~~ ~ °~~ ~ R R' fT( ca ~~~ O Rs ~ ~~& rP ~•' ~ ~~vL ~ z ~ ~~ ~ ~ ~~~~ ~ ~~ ~f ao~~~~ ~a~~~~ ~ cn ~ ~ ~ ~~~ ~ ~ R~ ~ ~ ~~~~ ~ p s~ ~~ ~ R~~ ~ ~ ~ C ~~~$ D ~ ~ ~~i~ ~ x g~~~~~ ~ z ~ ~ ~8 ~ ~~ ~~~ ~~ o ~ ~ i~ s ~ '~ I ~ ~ $~I ~ ~~8~ ~ ~~ ~ ~~~ ~ ~ I~ ~ ~~~$ ~ ~ ~ ~~ ~~~ Q ~ ggR ~Q~ ~ ~ a6~4 ~ g ~ ~ A ~ 9 rte., ° 6~ ~ ~~~~ ~~ ~° ~ ~ R ~~ ~~ ~I~.~ SHP-06-005 Silverstone Square Condos SHP.doc PAGE 8 ~ ' • 4t . wn~ro Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) O Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Property Boundary Adjustment 'short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other S~fAFF US1i Ql~"L~': __ _-- _ ~ "~~ 1 ilc numhcr(s}~ __-_- -~~~-~ ~'-- ~-~~~ -~ . - ~ - Project name.~~{/~;.~}1~:__~(LL~!t' L~r>L~! ~ ^, _~~ ~r _ ,_ Dafc (ilcd: ~~_ ~ ~~~ L~atc comE~lctc; ~ ~ j~i~ ~, ~i- 1sstgncd Planner: ~{~! 1fiL Lt- ~ i ~-- Rclatcd Iiles_ ~/~-~.~-~" (1 ~ _ ~ ~ --- Information Applicant name: ~ -~.(/~ i ~ Applicant address: iL ~, ~--~ ^~ Applicant's interest in property: Own ~ Rent ^ Opti ed ^ Other -R Owner name: - _ . ,~ Q~~~ Phone: ~ ~ ~ "' ~~ (~ ~,~ Zip: Phone: Owner address: ~~Y3 Nl ~ ' Zip: Agent name (e.g., architect, engineer, developer, representative) Firm name: Phone• ~ . Address: ~ '-' ~ Zip; ~ ~ ~(~ Primary contact is: ^ Applicant ^ Owner l~Agent ^ Other Contact name: _~~• % ~~-L„~`'~ E-mail: •~°Y t~ ~'p \l S ~ ~/'' 11nt _, _ dri ~ ~-- Information Locationlstreet address: Assessor's parcel number(s): Phone: ~' ~ ~i `a© (4 3 Fax: ~ ~ ~"~ C~ ~~ ~~3 Township, range, section: ~3~VT~ / ~~~ Total acreage: ^~. ~ 2- Current land use: G~.~ fJ/1,8~ ~ Current zoning district: ~~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.org I P , Project/subdivision name: ~~ General description of proposed Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial l~Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development?~/ Which irrigation district does this property lie within?-~(~~4~~,~`i,~r~Ja~. Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Be ms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open ce: (See Chapter 3, Article G, for qualified open space) Type of open spac ovided in acres (i.e., landscaping, public, common, etc): Type ofd mg(s) proposed: ^Smgle-family ^ Townhomes ^ Duplexes ^Multrfamily Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if a licable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: uilding: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of studen tldren (if applicable): Seating capacity: Total number o ing spaces provided: Number of compact spaces provided: Print applicant name: Applicant signature: _(~ . Date: ~'/~ LS~B~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 TEAL~Y'S LAND SURVEYING Meridian Planning and Zoning Anna Canning-Borchers 660 E. Watertower, Ste. 200 Meridian, ID 83642 Ref: Silverstone Square Condominiums - CZC06-035 Dear Anna, Date: June 1, 2006 We are submitting the Short Plat application and the necessary paperwork for this condominium project. This is a Commercial Condominium 2 -Story with 22 units. This building is currently under construction and is located off Eagle road and Jade Street in Meridian Idaho. Should you have any questions, please do not hesitate to contact me. S' cerely, n a Dodson Tealey's Land Surveying 208-385-0636 2501 Bogus Basin Rd~d, Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 Email: to lens@rmci.net u Project. No.: 3007 Date: May 25, 2006 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR SILVERSTONE SQUARE CONDOMINIUMS A parcel of land being all of Lots 3 and 4 and a portion of Lot 5 of Block 2 of Silverstone Campus Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 89 of Plats at page 10295, also known as Parcels A and B of Record of Survey No. 7123, filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 105170551 lying in the NW 1/4 of Section 21, T.3N., R.1E., B.,M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 2'C; thence along the North boundary of said Section 21 South 89°13'53" East 1332.44 feet to an iron pin; thence continuing South 89°14'25" East 326.20 feet to an iron pin marking the centerline intersection of East Overland Road and South Jade Avenue; thence along said centerline of South Jade Avenue South 00°13'16" West 329.70 feet to a point on the extended South boundary of said Parcels A and B; thence along said extended South boundary South 89°13'46" East 27.00 feet to a brass cap marking the Southwest comer of said Parcel A, said point being the POINT OF BEGINNING; thence along the West boundary of said Parcel A North 00°13'16" East 261.52 feet to an iron pin; thence continuing North 45°29'26" East 28.42 feet to an iron pin on the North boundary of said Parcel A and B; thence along said North boundary South 89°14'25" East 341.35 feet to an iron pin marking the Northeast comer of said Parcel B; thence along the East boundary of said Parcel B South 00°46'14" West 281.76 feet to an iron pin marking the Southeast corner of said Parcel B; thence along said South boundary of Parcels B and A at right angles North 89°13'46" West 358.84 feet to the POINT OF BEGINNING, Said parcel of land contains 2.32 acres, more or less. ~~~~ \~CK A.'~~''~''~~ W:1X-REF130071doc13007-plat-des.d°c - jdc IDSOS Document ENO. '' ,sawn Dua nn later n une 06 .. _ ... z. R istered ~ Agom anQ Office NO PO BD Return to: Annual Report Form SECRETARY OF STATE 70(1 WEST JEFFEASDN ~ CENiUR10N LEASING, INC. 8058 W BL4CKEAGLE DR BDl5E, ID 83708 PO BOX 83720 BOISE, ID 83710-0080 JERF2Y $ FRANK 9058 W BLACKEAGI.E DR BOISE, ID 83709 N6 FILWG FEE IF x' Re91s28red Agent Signature RECE'IYED BY DUE DATE . ' a• Corporations: Enter Names and Buslnass Addresses of President, Secretary and DUectors: OMlee held Name J~'~Y Street or P.O. Address GA7C ~i~.CJ~C,~ly I,d + xrs,~C. State ~: ~ y'tV ~ g37ris ~ 1 ~ / fi. OrganFmd Under the Lavrs ot: g. IDAHO Signature ' Date ~~ `~ C 138571 / Name , ~"` ~'r/~'~c / ~ 71t1o .~ti Issued oa~o3noae . " -~,~ 2oos060o594; Do Not Tape ~ Staple Page 1 of 1 http://www.accessidaho.org/public/sos/core/seazch.html?ScriptForm.startstep=docview&Sc... 6/8/2006 ~:U6/U~8/~006 `l'HU 15:17 F~ 208 23 4507 PETRA INC .~ 150 N. C Hall, 2nd Floor Boise, Idaho 83 70 7-0500 AffNClavit of Legal Interest State of Idaho ) ss County of Ada ) 1, _ ~~, rr y ~ . ~r ,a.~C. Name 1 I~ d i 5--2.~ clry ~~ ~~'7.~08/3B4-3830 Fax: 208/384-3753 TD DITTY: 800/377-3529 e • www.cityofboiso.org/pds l~ 001/001 a y51.~ I~, ~IacjC~..a~(~ ~12~ ~-' S-e. Address ..~-~ State bEing first duly sworn upon oath, depose and say: "' (If Applicant is also Owner of ttecord, skip to B) A. That I am the record owner of the props permission to ~ ~V' ~~ j~~~amc to submit the accompanying application to that property. ~~l~~r~~ B. I agree to indemnify, defend and hold [~aisc~-~i'fy and its employees harmless from any claim or liability resulting from any dispute as to the statEments contained herein or os to the ownership of the property which is the subject of the application. Dated this nafvre Subscribed and sworn to bed me dESCribed on the attached, and I grant my of _ _ ~U it ~.. , 20~ nd year first above Notary Public for Idaho '~ w Residing at: Gr~~•~ t . °~aF My commission expires: - ~g,~ ~~ qtr,. AtlA CallNTY !'IECU DAtdlD ~At1A~lit1 AMOi~PtT 18:1l~ 5 p _ i~~E~E ll3AF~ d~Iti~106~'i:49 PM •~ DEPl1TY lfi~ Alien i t f r AE4`l1DED-~I;EQUEST OF ~11 ~~~1~~~~1~~~~~'~~~~~~~~ ~I ~ ~~~ Sandanee Inuesfinenis 1~~~357~? CURRECTIi~N WARRANTY DEED Ft'}R 'VALUE RECEIVED, SUNDANCE INVESTMENTS LIMITIED I'ARTNERS><IIP, an Idaho limited partnership, Grantor, does hereby grant, bargain, sell and convey unto CENTURION LEASING, INC., an Idaho carporntion, Grantee, whose address is 9456 `UV. Blackeagle Drive, Boise, Idaho $3749, that certain real property situated in Ada County, more particularly described in Exhibit A attached heretca. This conveyance hereby made is subject to the lien for real property taxes for the year 2005, and those liens, claims and encumbrances of record as of the effecrive date of this rnstr+t~ment. ~~ Tf.1 HA~J'E AIVI? TC:1 IiC}LD the said premises, with their appurt~r~ances, un#o the said Gramtee, its heirs, successors and assigns forever. The said Grantor does hereby ccrvenant to ar~d vrith the said ~xrantee that it is the awner in Fee simple of said premises and tlaf it is free and clear from all encurribranees, except as set forth above, AND 1`1;IAT I~' V~TI.L tVA;<tRANT A. DEFEl~TD the same from all lawful claims whatsoever, SLTI~,TE~'t', :HO~VE't~Elt, TD easements, restrictions, reservations, assessments and encumbrances of record. WITNESS WHEIZEQF, Grantc>r~has hereunto executed this Warr~sty 1?eed this day of 24th. ~ ;. GRR.1'~TQR: SUNDANCE IlvVESTMENTS LIMITED PARTNERSHIP By w Christopher L. Anderson, Vice President of The Sundance Company, an Authorized Agent of Sundance Investments Limited Partnership WARRANTY DEED Page i sTaTE OF >~AHO } )ss. county of Ada ~ • On this ____ day of ~ _ , befare me, the undersigned-Notary Public in and fvr said State, personally appeared CHRISTOPHER L. ANbERSON, known ox icleutii"iecl to me to be an authorized agent of SUNDANCE .INVEST'MENTS LIlvIITEb PARTNERSHIP, the partnership that executed the within instruction, or the person who executed the instrument on b~l~alf of said partnership, and acknowledged to me that such partnership e~cecutedd the same. IN ~TI'NESS ~~ERE~E, Y have h+~reunto set my hand an af€xed my official seal the day and year in this certif cafefirst above ~vvritten. ~ :, WARRANTY DEED Page 2 Page 1 of 3 ~~ ~--~~; ~ T1~LEY'~ LA~I ~~01 Bogus Bssit~ i~d. s Baise, Id~ito ~3'J82 . }~ -: Fax ss ~~ ~, E... ~~m~_ _...~' ~ . P'ise~ec;~.:t~a.: 2~7~ i~te: Mavemi~r ~, 2t30~ ~~~C~tt ~N t~F IW BLOC~'4, 1;~4~ 6irL~ SUI~I~l~1S(t~?!U A pdr~i of tares aii caf P~rcet a :and i~araet C as shma~n an ~e of ~+~~r Ala. 61*~i fildd under lri~ivur~t~st fdt~. 10310028 in fhi~ ~t~ of ~~ 6~ecorder far Ada: ~oc~rrfy, idafts; said rl t'~irtg a Posh of Lot 9 and Lot t3 t~f ~tt~t~c 1 of Idle' ie S~utar~tui~it~t~, as filed 'f~° an said ~a Gf fhe R der fc~r Ads Cauttty irx tfC '~5-tsf F't~ffi of F"~gsr 7 , tyi~ ire tfie i= iJ4 ~ ~9c.~iwrt 14(; 7.3td.; f~.i., I~.iUt., ~, s ~~u, !<~l~to and mare pair~~lsriy desc~'t as dtt: ~~d~i(i~ 8t an i~drt pin rrt " tits ~utt~~a~si'. corner of mid Marcel C; #hertt~ along ~hc ~ ~aundar~- cif saki Pa 1 ~(~elh lC+~~~'~fl Est ,'~"! ~ to aft r~srt martcing ~#o~t ce~rrtar of salt P,~rc~( ~; tt~~race ~~~~~ l~arth Iuttd~ri c~f~sid f'arc~et ~ ~rtd mid I~r~l B ~a~th 0~~~6'2t?° ~a~t ~'f;. fit tt3r 8r1 ir~an .p3r- t~i'terlt~? Cb~rttirtt~ Ong t~or~ (aoc~ndary of ~~~ (~arceF :at s~Fgt aril ~~uth C36~°23°~fl° apt 11.8 fit ~ en iron ; trnc~ uinc~-at riM ~rt~i'es ~o~t.~ ~~°G'0~ I=~st t'1.60 tq an ire pin' m e I'~atth t cxsr~er of said i~'~r~( ~; M~tt~~ ~icsrtc~ iii hest act ref mid Pam! ~~h QU~2~"15° F~l~~t "I07.51 feet t~-°ar} ir~tn~ln; e~ contirntir~g ~~~at~ti ~~~C13~3~ `eft. ~". feet tb art inn dirt opt the Sduth bau~ary cff said f~ai~ei !3; ~~n~e alt~t~ ~e ~uridaries of mid F'~rcel 8 ~rtd staid F'arce3 ~ IJQ ~9°3f3'2~ET3° t 31'5:03 feet to art iron pica; the ~ntintaing slang tl~ 9otttia k~sur~+~~r of said ParF ~ eII .right antes E10°23'4t~" tlVest x.00. feat to ate -iron Pln: thence oant,Rrtiuir~ at ri~tat angles Not~la 89~'6'~t~° Vtit 9~.~5 f to ttae I~t~1~`T' t~~ ~CiI~IVIfVG, Saud parcel of land cdnt~ains 2.47 mark ar less. 2578-B-C-Combtr~ed-des.dac - s#nm EXHIBIT A Page 2 0£ 3 ~Z 1~ ~~.~n~~~s, Ins. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+343+3381 Facsimile 2U8+342+5792 P~t'~~~ A ~n~+~~naun~in +t~tthc~paei~s ~iv~ to~~ ~~mpa~~ ~ub~~~~~an 3 t?ctober 2005 A parcel of land sl~uate In the northeas# quarter of the northwest quarter of section 21, 1"d~nshlp 3 I'Jorth, Range 1 East, poise Itlieridien, IV~eridian pity, Ada ~ol:~nty, ldal~ts, being ell of Lot ~ and a portion ~ Let ~, Mack ~, silverstane ~~rnpus Sul'adivisian, as Shawn an the ofl•ICiat plat thereaf err file in the c~ce of the Ada Cautrty, Naha, Reorder $nd berg mare particularly de~c as #allaws: ~3eginr~ia~g at southwest comer of said Lot 4, vvhlch is the ~ oaf of ~ft~~~~~ Thence tN~~°13''I°~"; 38~.~0 feet along the westerly be~urfdan ref sold Thent:e °29'2~~E, ~~. feet along bo~~dery of satd Lafi ; ~'h~ °14"25~'~, ~Q.35 feet slang the rti~rrth~rly b+~undary of said 'Lot tc~ the r~arth t carrrer of e~id Lot ~; The~e~ ~~°46'14"1, b~.g2 fit slang the easterly boundary a# said: Lat . TF~ence S45°00'00°'V~, 44.50 feet slang fibs bounden of said Lttt ~; Thanes S00°~'S1'~N, 992.94 feet slang the easterly bcaundary of said Lot 4 and said Let ' , Thence f~69°13'4P~1, 206.77 feet slang a line par€~l'lel to the southerly boundary of 'id Loft 5 to the westerly boundary a# skid Lot 5; 7h~ne IY00°13'16"E, 75: feet along the west~tgr boundary of said C,at ~ tc~ the sr~/ Padrit of ~et~Frt~~ng; Camprising 60,695 square feet, mare ar fees. Svbjecf to easements ar rtght*t~f-ways a# retard or apparent. EXHIE3IT pi Page 3 of 3 A. ~nineers, Inc. Consulting Engineers & Land Surveyors 5505 Nest Franklin Road. Boise, ID 83705 Telephone 2U8+343+3381 Facsimile 208x-342+5792 P~r~®~ B 6n ~urtt~in ~rth~p ~ ins 86~e ~~ne Csm ~ t~~-d~v~~i ~ 3 October 20®5 A parcel- of land situate in the northeast quarter of th® northwest qua_rE~r of 5ecticrn ~, ~'ovvnship 3 forth, Range 1 East, poise l~eridiar~, I~leridian city, Ada County, idah~a, bung all of Lot 3 and ~ pardon tot 5, Rloc~ ~, ~ilverstone Campus ubdi~rision, sh on ~e ciel :plat thereof ot~ :file in the office of the Ada County, ~~, i~ecr~~r at~d being rriore particularly decril~aed es follow: gti~rrlrag ~t sol~theast corner of said l;ot 3, vvi~ich is the ~ ~~ f~~~~x: Ther~t~ ~Qfl°4fl'1~4'~, 75.~fi feet lion the easterly bound of said ~.dt ; Whence hi89°~~'~'!, 152.fl~ feet along line parallel to the southerly boundary of s;~id Lot 5; 'Them ~dOQ'°~fl'S1~, 1fl2.; feet Tong the extension of the westerly boundai~ cif said loot 3 and t~ westerly bocrnery of said Lot. 3; "fhen+ce ~°tifl'flfl~E, 4.5fl fit along the boundary of old Lc~t 3; 'fitence l~flfl°~~'~4"E, "6.92 feet along the westerly b®undery of said Lit 3.tQ ttte north ~ corr>rer of said' Lot 3; ~'henee ~~39°1'~`5~~, '12~.Ofl feet along the north~riy boundary cif said -Lot 3 to the northeast comer of said Lot 3; en QUO°~6't~"lIIV, 2(~v.91 feet al®ng the easterly boundary of said Lr~t 3.to th®~ '~~ ~ F~c~fnt egf;~r~r~g. Corrrpri~ing 4fl,56fl square feetr rttdre or less: Sub; jest to eeset»ents or right-ol`-ys of recaord or apparent. - ~ __,,. +~~~~ a .~~ ~ ~ o ~ `® `~ Cl. CD+~ Li :~ ~..:. ,. r N O ' ' .. ~ ~, ~ r ^' ~~~; 1• ~ W ~ ,J z W ~ y~ 2 y 3 a V 6 ~ 2 'o V ,~ 0~•,~~~ ~a4~~ ~ ` ~ ~ m m m~ ~ ~~~~~ a m ~ ~ ~ ~~~~~ ~ ~ a.n,o . ~ a a i aw w.S Q ~ ...::aR.~ '`~ 1 r:~ _ o N v ~ ' \ 1 o, ~~~ 2. ~ ~. ii r k ~~ t~~, -- 9th _ ~~~~_ 1 ~ / ~; ~ N ~ ~~- ~~ ~ ~ , 0 Q' -1-I ~ ~ ~ ~ ~ c ~ . r ~ y O ti ~- ~ ~ ; iy ---~ ~ .~ ..~ i o r ~ ~' t/) ~~_ ~ ~ ~ ~ _ , ~ ~ ~~~ ~ ~ O m ~~~ ~, , r ~ ~ 1 m ~ y ~m~ ~ ~~ ~ ' ~~ ~`~ E E o ~ ON. t ~ ~ { ~ E ~ E LL- L ~ ' - - - // ~ ~`'~.,, , ~ - apQ ~ c W W g oE~v ~ ~!/ } ^~ 1 ~ ", E~ ~ ~ m ~00~ ' ^`~. ~ ~ m pWZ~ '' .I. .. ~$N~ 1 E ~~ ~ ~00W L. 1 I { a .~ o L°'S c a~ ~ - s !' a s ~ ~ ~ ~i ~ E w ~ ro ,,CC PRE-APPLICATIOldI MEET G NOTES Appli Engir Staff Proposed Development: Location: ~~ ~ rS~i- (~ tl~e.v /c Required Applications: F~xisting Zoning. - Comprehensive Plan Designation: For Plats (~ I' ~~ Property Size: ~ ~ ~ ~~' Number of Units: - y,~ Sewer: n j~~j"\ ` Water: ~1~ ~ (,,,~~ ~ Pressurized ?Yrigation: \~,~5 .Street Buffees: S~ a fJpen Space & Mtcropaths: b~V'J ~ Landscape Plan: ~~ Lot Size & Frontage: 'Topography: Hydrology: Street System: Pathway System: :Other Applications ^ Annexation ^ Rezone '^ Conditional Use Permit ^ Variance ^ Lot Ririe Adjustment ^ Comprehensive Plan Amendment ~• Application Checklist .Renvi~ew~/ ~ Other Agencies to Contact: /r~"7~~ - Additional Pre-application Conference: _ k~. Not recommended Recommended .Required Anticipated Submission Date:. ~ ~ 3 ~~ (p Anticipated Planning & Zoning Date: . The it formation jirovided during this meeting zr bared ag5o~r the current City ofMeridia>i Zoning Subdivision Ordinance and a~licable Gomj~rehenrive Pdan and zr valid for a months .Any .rubrequent changer to the Zoning or Subdiviszon Ordina~rce or Corr~rehenrive Plan may a~ectyoarr abdication. . ;v ~ ~z . .. :~ ~ ~ ~~ { .- ~ , .~ L • ~. ~ ~e~ ~ ~. ~ ~ U DATE: ~ ~ `P Dwelling Type: ~..~d~QS RE: Subdivision Name Reservation -Silverstone Squaze Condo .Subject: RE: Subdivision Name Reservation -Silverstone Square Condo Date: Fri, 28 Apr 2006 10:18:53 -0600 From: "David Couch" <dscouch@adaweb.net> To: "Donna Dodson" <tealeys@rmci.net> April 28, 2006 Donna Dodson Tealey Land Surveying 2501 Bogus Basin Rd Boise ID 83702 Re: Reserving Existing Subdivision Name - SILVERSTONE SQUARE CONDOMINIUMS Dear Donna: Your use of the word "SILVERSTONE SQUARE CONDOMINIUMS" to make your subdivision name is acceptable as long as you meet the requirements of Idaho Code 50-1307: (1) be the person, or corporation, or owner who recorded the original plat of "SILVERSTONE SUBDIVISION, or, record the consent of the person, or corporation, or owner who recorded the original plat of "SILVERSTONE SUBDIVISION"; (2) and be considered contiguous to the original or previously platted area. If you record a consent letter, it must contain a proper statement for consent. You may need to have the letter signature notarized in order to record. Once you have meet these requirements, a name reservation is not needed. Sincerely, David Couch, PLS Ada County Surveyor -Original Message- From: Donna Dodson I_mailto:tealeysCa~rmci.net] Sent: Thursday, April 27, 2006 11:36 AM To: David Couch Subject: Subdivision Name Reservation -Silverstone Square Condo Hello David, We would like to request the following name for a Condominium project in Meridian. Silverstone Square Condominiums. 1 of 2 5/31/06 12:52 PM RE: Subdivision Name Reservation -Silverstone Square Condo ~~ The project site is South of Overland Road off of S. Jade Way. The Silverstone Subdivision is owned by the same person as this project. Thank you, Donna Dodson Tealey's Land Surveying 2 of 2 5/31/06 12:52 PM 1LN;: l;xhibit -Silverstone Subject: RE: Exhibit - Silverstone Date: Wed, 31 May 2006 12:05:17 -0600 From: "Joe Silva" <silvaj@meridiancity.org> To: "Donna Dodson" <tealeys@mci.net> CC: <gerhartj@ci.meridian.id.us> Donna Dodson The Fire Dept. has reviewed and approved the access roads for the Silverstone Square Condominiums project. Joe Silva Fire Marshal -----Original Message----- From: Donna Dodson [mailto:tealeys@rmci.net] Sent: Wednesday, May 31, 2006 10:56 AM To: Joe Silva Subject: Exhibit - Silverstone Hello Joe, Here is the exhibit showing turn arounds. Is this all you need to stamp our Plat? Please advise. 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S-N REQUEST Agreement for Professional Services for a Programming Company to set up online services for department with Matraex Application Programming AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see attached 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 ptsbac meetings shall become properly of the City of Meridian. ~J Will Ber C7 From: Matthew Ellsworth Sent: Monday, July 17, 2006 8:11 AM To: Will Berg; Tara Green; Sharon Smith Cc: Anna Canning Subject: FW: [mtx:1673] RE: Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 The correspondence below is from the programming consultant who will be integrating web applications into the Planning Site. The contract was included in last week's agenda for Council consideration, and they approved the agreement. Has the signed copy been sent out to the consultant yet? Thanks, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 ----Original Message----- From: Michael Blood [mailto:helpdesk-support@matraex.com] Sent: Saturday, July 15, 2006 1:37 PM To: Matthew Ellsworth Subject: [mtx:1673] RE: Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 The first thing we will need is the signed agreement. As soon as we have that in our hot little hands we will start the clock ticking. We already have enough information to get started, but once we get into the design of this a bit we will likely have several questions. Thanks, Michael Blood Matraex, Inc. From: ellsworm@meridiancity.org To: Michael Blood helpdesk-support@matraex.com Subject: RE: Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 Date: 07/14/2006 08:30 Michael, I wanted to drop a line and let you know that Council approved the contract at Tuesday nights meeting. Sony I didnt let you know sooner, the week got a bit hectic. I dont know what your first steps are for this sort of project, but let me know if you need a meeting with Anna and/or staff to go over any details. Thanks, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 ---Original Message- From: Michael Blood [mailto:helpdesk-support@matraex.com] Sent: Friday, July 07, 2006 4:25 PM To: Michael Blood; Matthew Ellsworth Subject: [mtx:1673] Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 Department.pdf Attachment City Of Meridian Planning https://secure.matraex.com/ea.cfm?code=em I%2D%3Bcj%3C%7E%26%3D%2E0%7CGSH %2F%246kb9%3C Matt, Here is the revised document. From: Michael Blood helpdesk-support@matraex.com To: Matt Ellsworthellsworm@merid'oancity.org Subject: Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 Date: 07/07/2006 15:37 Matt, Here is the copy of the Scope you were requesting Michael Blood From: Michael Blood helpdesk-support@matraex.com To: Anna Canningcanninga@meridiancity.org Subject: Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 Date: 07/06/200618:42 Anna, I received a voicemail from Matt Ellsworth and he said he was looking for an updated copy of the Proposal. It is after hours now and I dont have his email address, Would you be able to forward this on to him for me? Thanks Michael Blood From: Michael Blood helpdesk-support@matraex.com To: Anna Canningcanninga@meridiancity.org Subject: Re:Proposal for Application /Staff Report Website and reporting tool from Matraex, Inc. 06-16-2006 Date: 06/28/2006 08:35 Anna, I have recreated and attached the proposal. Now included in the proposal are additions to the public Website, a change to the name of the in process report and the ability to download a pdf of the staff report. These changes affected the: Create Staff Report and Reports areas under the Staff Login. Public Website section (View Applications and Staff Reports sections were added) and the Final Implementation section (added a PDF download component) Please let me know if you have any further questions or if you need anything additional. Michael Blood Matraex, Inc. 208.344.1115 From: canninga@meridiancity.org To: Michael Blood helpdesk-support@matraex.com Subject: Second a-mail Date: 06/13/2006 22:53 Michael, I have created my own applications in process report similar to the former canned report. This one is organized by Planner. As I said, this one is quite simple. The report is intended to keep track of work loads and who might be overwhelmed by work. One of the reasons we wanted the Certificates of Zoning Compliance integrated into the main data table is so that we could add them to this list. That will give us a true picture of someones work load. Anna Anna Borchers Canning, AICP City of Meridian Planning Director 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 (208) 884-5533 phone (208) 888-6854 facsimile canninga@meridiancity.org Page 1 of 2 Tara Gr®®n From: Bill Nary Sent: Friday, July 07, 2006 9:06 AM To: Keith Watts; Tara Green Cc: Matthew Ellsworth; IMII B®rg; Sharon Smith; Ted Baird Subject: RE: Consent Agenda Item The Council likes them signed by the other party first. Bill Nary City Attorney/lIR Director ~tyofMendian 703 Mam Street Mendiar~ ID 83f~8 208.898.5506 or 208.89$ 5503 (office) 208.884.8723 (~ From: Keith Watts Sent: Friday, July 07, 2006 9:04 AM To: Tara Green C~: Matthew Ellsworth; Will Berg; Sharon Smith; Bill Nary; T~ Baird Sub, RE: Consent Agenda Item Yes. No deposit required at signing and full payment is due upon completion of services. Keith Watts Purchasing Agent City of Meridian 33 East Idaho Ave. Meridian, I® 83642 Ph. (208) 888-4433 x207 Fax. (208) 887-4813 From: Tara Green Sent: Friday, July 07, 2006 8:47 AM To: Keith Wads Cc: Matthew Ellsworth; Will erg; Sharon Smith; Bili Nary; Ted Baird Subject: FW: Consent Agenda Item Keith, It's our understanding that contracts come through you so let me know if this is okay to go on the City Council agenda for July 11~, 2006 ASAP. 71712006 Thanks, Tara From: Matthew Ellsworth Sent: Thursday, July Oli, 2006 4:47 PM To: Tara Green Cc: Anna Canning Subject: Consent Agenda Item Pale 2 of 2 Tara, If it is not too late, can you please add the attached contrail to the consent agenda far Tuesday? This is for a programming company to set up some new onUne services for the departtnent (appAcaUons, etc.). At the moment I do not have a pdf or word version of the scope, but I left the consulthnt a message requesting one, artd hopefuly I'll here back from him soon (will it be possible to add the scoff to the contn~ct tomorrow/AAonday if necessary??). Thanks, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/7/200b Page 1 of 2 Tara Gre®n From: Keith Watts Sent: Friday, July O7, 2006 8:57 AM To: Bill Nary; Tara Green Cc: Matthew Eliworth; Will Berg; Sharon Smith; Ted Baird Subject: RE: Consent Agenda Item Yes, it has IT's blessing. Keith 1/~atts Purchasing Agent City of Meridian 33 East Idaho Ave. Meridian, ID 83642 Ph. (208) 888433 x207 Fax. (208) 887-4813 From: Bill Nary Sen#: Friday, July 07, 20~i 8:51 AM To: Tara Gnavn; Keith Watts Cc: Matthew Ellsworth; Will Berg; Sharon Smith; Ted Baird Subject: RE: Consent Agenda Item I have been gone, but were these contracts and services to be performed discussed with IT? ~l~ ~BTy City Attorney/PIR Director ~ofMerialran 703M~ Street MeridiaQ ID 8364,E X8.898.5506 or ~8.898~5.503 (office) 208.884.8723 (feel From: Tara Green Sera: Friday, July 07, 2006 8:47 AM To: Keith Watts Cam: Matthew Ellsworth; Will Berg; Sharon Smith; Bill Nary; Ted Baird Subject; FIN: Consent Agenda Item Keith, It's our understanding that contracts come through you so let me know if this is okay to go on the City Council agenda for July 11th, 2006 ASAP. 7/7/2006 Thanks, Tara From: Matthew Ellsworth Seat: Thursday, July 06, 2006 4:47 PM To: Tara Green Cc: Anna Canning Subject: Consent Agenda Iterrr n U Page 2 of 2 Tara, If it is not too late, can you please add the attached contract to the consent agenda for Tuesday? This is for a programrnong company to set up some new online services for the department (applications, etc.). At the moment I do not have a pdf or word version of the scope, but I left the consultant a message requestlng one, and hopefully I'll here back from him soon (will ~ be possible to add the scope to the rontract tomorrowlMonday if necessary??). Thanks, Matt Ellsworth Assodate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/7/2006 I.~ Tara Gr®®n Page 1 of 1 From: Matthew Ellsworth Sent: Thursday, July O6, 2006 4:47 PM To: Tara Green Cc: Anna Canning Subject: Consent Agenda Item Attachments: OnlineAp~Contrad-6-28-06.pdfi OnAneAppsContract-6-28-06.doc Tara, If it is not too late, can you please add the attached contrail to the consent agenda for Tuesday? This is for a programrr~ng company to set up some new online services for the departrrrent (app~c~tions, etc.). At the moment I do not have a pdf or word version of the scope, but I left the consultant a message requesting one, and hopefully I'll here back from him soon (will it ~ possible to add the scope to the contract tomorrow/Monday ff necessary??). Thanks, Matt Ellsworth Assodate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/?/200b AGREEMENT FOR PROFESSIONAL SERVICES • THIS AGREEMENT, made this 11 day of July , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and _Matraex Application Programming ,hereinafter referred to as "CONSULTANT", whose business address is 2319 Halsey Street; Eagle, ID 83616 , . Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Proposal for Services" a copy of which is attached hereto as Exhibit "A," and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on Febru 1 2007 unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required bylaw. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT -page 1 of 5 • 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A". 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Matraex Application Programming Attn: Michael Blood, President 2319 Halsey Street Eagle, ID 83616 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder PROFESSIONAL SERVICES AGREEMENT -page 2 of 5 ~ ~ shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this PROFESSIONAL SERVICES AGREEMENT -page 3 of 5 Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT BY: PROFESSIONAL SERVICES AGREEMENT -page 4 of 5 • CITY OF MERIDIAN a~-~~ Attest: WII.LIAM G. BERG, JR., CITY CLERK PROFESSIONAL SERVICES AGREEMENT -page 5 of 5 • AGREEMENT FOR PROFESSIONAL SERVICES • THIS AGREEMENT, made this 11 day of July, , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Matraex AnnJication Programming ,hereinafter referred to as "CONSULTANT", whose business address is 231 Halse Street• Ea le ID 83616 , . Scope of Services: CONSULTANT shall perform all services, and comply in all respects, a<s specified in the document titled "Proposal for Services" a copy of which is attached hereto as Exhibit "A," dated June 2$, 2006, and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Tfine of Performance: This agreement shall became effective upon execution by both parties, and shall expire on February 1, 2007__ _ .unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the mirrixnunn ~motrnt as specified in the Idaho Tor[ Claims AcC set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable far an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Coxxtpensation Insurance, in the statutory limits as required bylaw. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance nninimums aze changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT -page 1 of S 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, cmploycc or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CTTY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated fvr professional services pursuant to and specified in attached Exhibit "A," dated June 28, 2006. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be iun writing and be deemed communicated when mailed in the United States mail, certa.fied, return receipt requested, addressed as follows: City of Meridian Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Matraex Application Programming Attn: Michael Blood, President 2319 Halsey Street Eagle, ID 83616 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agrceznent, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and cvcry term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder PROFESSIONAL SERVICES AGREEMENT -page 2 of 5 • shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate ar sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY far examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No xzxaterial produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepazed under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which aze mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: ff, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this PROFESSIONAL SERVICES AGREEMENT -page 3 of 5 • Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that terrxuination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfuushed documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become itc property, and CONSi.Tf .TANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 1$. Construction and Severabillty: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the rcmaindcr of the Agrccmcnt is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. PROFESSIONAL SERVICES AGREEMENT -page 4 of 5 cIT~ of MERIDIAN ```~ 1 ~ ~ 1 .~~ .~ ~ ~~ ~ .~ ~` c~ ~ r~~ ~~hrrrrrr~ tttaN~~ 7.-~~-D6 ~'ROFESSIONAL SERVICES AGREEMENT - gage S of 5 M ~ Appltcatton Programming Exhibit A i'roposal for Services Presented to: City of Meridian Planning Department services: • Create an online Planning Department Application Process • Enhance the Staff Report creation process based on Application in#ormation • Create other Ad Hoc reporting abilities • Create a Public Website for displaying the information in the system Wednesday, June 28, 2006 Prepared by: Michael Blood Matraex, Inc • Document Overview Matraex proposes to create an online password protected website which handles several of the procedures of the Planning Department. This proposal expires on July 15'f'',2006. ytle will create a process through which developers register and make applications to the (Planning Department based on their existing paper application. The applications will immediately become available to the staff of the Planning Department. The staff wil! be able to make changes to the application, make notes and store other information regarding the application into the website. This information will be immediately available to any other staff members online. The staff will also be able to develop a "staff report" based on the application and the saved information. The staff report creation process will be designed to be flexible and robust. A staff report "template" will be created which will allow the staff member to create a staff report based on standard rules yet the staff report can be modrfied to include any text that the staff would like. The system will be designed In an open ended fashion so that It will be easy to add additional features to help streamline the way that the developers and staff members interact. The system will be implemented on the City of Meridian servers using an ASP web page and a MS SQL Server database. A more detailed proposal fellows r1 ~J Detailed Proposed Action The detailed portion of this proposal contains the actual features and components of the website that will be required to achieve the described functionality. This detailed section is broken into 5 sections which may have their own subsection to break up and quantify the specific final features. • Database Design • Administrative Section • Staff Login • Applicant Section • Training • f=inal implementation Database Design We will design and build a database to store each of the applications and each of the features described below. The database will be built using Microsoft SG2L Server and will utilize good naming convention, keying and indexing for fast response tim®s and straight forward maintenance. Administrative Section The administration section is a section restricted to only administrators by user name and password. This section will be used for infrequent system setup and configuration as well.as user management. Staff Us®r Management The administrators will be able to add/ modify and delete staff users from the system. Users can login and perform certain staff actions in the system depending on the permissions of that user. The permissions that will be available are • User Management (administrator) • Applicant User Management • View Applications • Modlty Applications • Staff Report Setup • Create Staff Report Additional permissions can be added by in the future to enhance the functionality and customizability of the system. Applican# User Management The Staff user with the correct permissions will be able to add /modify and deactivate developer registration information. In this section a searchable list of all of the developers that have registered will be displayed. The Staff user will be able to modify their information so that they can reset, change and deactivate passwords for developers who have registered on the site. Staff Login The Staff login area is a password protected area that only staff login to and access the applications in the system based on the permission of the Staff user. Application List The staff member will have access to a list of the applications. A quick search wil! either show all pending (not archived) applications, or it will show applications sorted by date or application type. Staff Report Template Setup An "all options" staff report template will be created with ~[ of the options available on a staff report. Certain sections of this report will be setup to either show or hide by default on new staff reports and depending on the saved information on the application. The knowledge of whether to show or hide the sections will come from meetings and collaboration with the Planning ®epartment team. This setup will be a one time setup that will be done by Matraex. Wiew /Modify Applications Depending on the use~rmissions the staff may view the applicat~nd the data within the application. If the user has the permissions to modify the application they can go into several sections containing different Information on the application. They can fill in or change the information as needed. The information available to change will be based on the current Planning and coning application MS Access information. This section will be built in a modular fashion to accommodate future enhancements and changes to the stored application information. Drente Staff Report The users that can create the staff report will be able to work through the potentially multiple pages of the staff report template. The sections of the template will be based on a huge "all options" template which has many paragraphs and sections. Only the sections which match a specific predefined set of rules will be shown by default. Each section, whether shown by default or hidden by default, can be modified, hidden or included by the staff user building the staff report. The Staff user will also be able to upload images with a label anywhere in the report. Staff reports are automatically saved for future editing. When a report Is saved it will be listed in the staff reports list. The staff user will be able to "lock" the report when they are finished editing It. This will make the report so that it can not be modified and it will stay the same In the system. Each report can be copied to a new modifiable report. This will facllltate the ability to make a follow-up staff report based on a previous report and it will also make sure there is always a permanent record of the locked staff reports in the system. The staff user and a user with the "View Applications" permission will be able to view the applications and the staff reports. These users can print the staff report at any time. An utility will be installed and built into the site so that users can also download the report in PDF format. Reports A reports section will be available in the Staff section where reports can be quickly run on the Information in the system. Initially only two reports will be created but the area can support many more reports. It will be faster, more maintainable and flexible to build these reports into the Staff area of the website than to put them into an Access database. • Hearing Dates -This report will be modeled after the Hearing Dates report in the current Access database. It will searchable by date and type of hearing. • Applications in process -This report can be ordered and grouped by Project / Subdivision name or by City Planner so that the Staff User will be able to view City Planner Workload as well and the number of applications per Project. Applicant Section An applicant will be able to register as a developer and receive a confirmation email so that they can login and make'applications through this section Registration The registration section will collect the Applicant's name, address information and request an email, usemame and password. They will be sent an email to verify their email address. Once their account is verified they will be able to login to submit a new application. Password Protected Seotion The applicant section will be protected by the applicant's usemame and password. The only functionality available to a logged in applicant will be to • view a list of past applications with the date of application and then name of the application Create new application New Applications The Applicant can fill out new applications which look just like the City of Meridian Planning Department "COMMISSION & COUNCIL REVIEW APPLICATION". Their applicant name, address phone & zip a filled in with the information collected a~istration time. The application information will be saved to the database for Staff review upon their completion. When the application is submitted an small will be sent to designated Staff users to notify them that a new application has been filled out. The Applicant can also fill put the "ADMINISTRATIVE REVIEW APPLICATION" This application information will be saved into the same database with the other applicant information however Staff Reports can not be generated based on this information. ,4d Hoc Reporting Tool A separate Microsoft Access Database will be setup with a connection to the full database. The database will have view only permissions to pull the raw information out of the database and can be used to create and save ad hoc reports. An Access Data Protect (ADP) will be delivered on the "proJeot review date" with a connection the development database. An identical ADP will be created with a connection to the final database at the time of "sign ofd' Public Website A public website will be created which lists 20 active applications. The user will be able to click to the next 20 applications so that all active applications are available. The list will show the date and applicant name with a clickable Ifnk to the full application. The full application will have the original information filled out by the applicant. Mlew Appllcetlon Details We will create a view only version of the Application Information filled out by the by the Staff Login. This view only version will display all of the Application Information that available for the selected application. Staff Reports The public websitc will also show all of the staff reports as soon as the Staff Login finalizes the Staff Report. All finalized revisions of the Staff Report will be displayed on the website with the most recent "final" revision showing first and the historical versions showing afterwards. Time Frame and Finalization Initial development will be completed on our servers and ready for Client review within 55 business days of date that Client approves this project to move forward ("project start date"). On the day that the site is turned over to the Client for review ("review start date"), Client will have 15 business days to review the product after which Client must either submit a "punch list" of changes or sign off on the project as complete. This punch list may contain only items that are necessary to complete this feature enhancements with in the scope of this document. There is no cost associated with any of the time spent fixing items on the punch Ifst since they will all be features of the original scope that are not complete. Any other changes or enhancements that may be requested which are not specifically mentioned in the scope of this document must be submitted as a change order. Matraex will have 10 business days to complete that punch list. Once all punch list items have been completed Client will have 5 business days to review and provide "sign oil' of the project at which time the project will be considered final. At this time the Final Implementation will be done to the City of Meridian servers and balance of the project cost will be due. Final Imps®mentation After sign off on the full features of this protect the site and database will be transferred to the City of Meridian website and database servers. A dedicated FTP account and a dedicated MSSQL server account must be setup by the City of Meridian IT Staff prior to Final Implementation to accommodate the site. The City of Meridian IT Staff will also need to purchase and install a utility on the server that will be used to convert reports to PDF format. Assistance will be given to the IT Staff to purchase and install this utility. The Final Implementation will not b® complete until the website Is setup and working at the same level as on the development servers. Training A how-to document de~bing how to fill out and print Staff reports~be created which describes how a Staff user will be able to navigate and build the Staff report based on the application and the application Information. Two separate ©uestion and Answer training sessions lasting up to 1 hour each will be provided to help the Client staff get up to speed with using the software. It is recommended that one "guru" become the most acquainted with the software so that they can spread the training out through the organization. No training will be provided for using the Microsoft Access Data Project since it is far Ad Hoc reporting tool although, as Change Orders, we can create generic reports and train users to get the custom reporting started as. ~ ~ ILiOStS . The total cost of this application to client will be $11520 based on 128 hours of development and consulting work at $90 /hour. No deposit will be required at the time of signing. The time frame will begin immediately upon receipt of the signed agreement. Full payment will be required upon "sign off" of the project. Database Design 4 hours Administrative Section 2 hours Staff User Management 3 hours Applicant User Management 4 hours Staff Login 2 hours Staff Report Setup 18 hours View Modify Applications 20 hours Create Staff Report 26 hours Applicant Section Registration 4 hours Password Protected Section 2 hours New Applications 7 hours Report Section 2 hours • Hearing Dates 2.5 hours • Applications in process 4.5 hours Ad Noc Reporting Tool 1.5 hours Public Webslite 6 hours View Application Details 8 Hours Staff Reports 1.5 hours Training 6 hours (rinallmplementation 4 hours Assumptions • If the scope of the enhancement and changes do not exactly reflect the needs of the client thay will request changes before executing this agreement. • Thls proposal shall become the full agreement between parties once executed by both parties. • Client must be reasonably available to answer questions regarding the finite details of their practices and needs regarding this project. • MatraeX, Inc will not be responsible for delays In the project due to delays In GIIenYs business decisions, change of focus or contact delays. • Change orders mus be submitted If any element of this project must change before completion. Any and all changes that may be addressed will require that both parties readdress project cost and project timeline before the change Is Implemented. Change Orders will be billed at the rate of $!30/ hour. To in develop nt of this roJ Client's agent must sign this document and send or fax to Matraex, Inc. The project ate will be ~-d M ex receives a signed agreement. ~Y f~/i Michas Signature ~~.' ,~ ,+,....-~~ ~ `~rf, President '~ ~~~ Matraex, Inc Printed ~ ....~ City of Meridian Planning Departnnent gent~~=~~-~ (208) 344 - 1115 phone y ~ ~~.~ / (208) 493 -3040 fax ~ ,( Phone Ci~l;~~^., /~~~ ~~• ~y Suggestions . The foUowing suggestions are not included as part of the scope of this document but are areas that the system can be expanded or enhanced in the future. These areas are not critical to the first implementation of this site but seemed to have a quality that may be useful in the future, If any of these suggestions are desired as part of the current project please request that a new proposal be submitted to you with the suggestions before executing the proposal. iForgot your password This handy feature is one that can be made available for users who registered through the front end of the website. It can save time for your staff if the registered users are bogging them down with phone calls regarding forgotten passwords. Applicant Notes We can add a feature to the system which lets the staff user add notes to the application which can optionally be sent to the Applicant via email. This might be useful in quickly letting the Applicant know where their application is in the process of things. It may also allow the Staff user reviewing the application to quickly request additional information. Applicant Upload This is a feature discussed in our Initial meeting. We can create an area of the Applicant login where they can upload documents and files and attach them to a previous application. This will attach the documents to a previous application and small the designated Staff User to let them know that a new file was uploaded to the system. July 7, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING July 11,2006 APPLICANT City Council President -Shaun Wardie ITEM NO. l~-Ac - I REQUEST Downtown Streetscaue Plan: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~Q ~ CITY WATER DEPT: ~ P,U" ~~~~ CITY SEWER DEPT: ~ f 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 meelin~s shall become properly of itre CHy of Meridian. • C~ July 7, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING J~iy > >, 2006 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Discusson of Autumn Faire (Tricia's Crossing) Subdivision Pedestrian Pathway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Memo/ Comments ~~~~~' ~ ~~ ~' Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become properly of fhe CNy of Merman. Autumn rau~or~naas ~;rc~ng aawcuviaron reaeaman ratnway Tara Green Frain: t3haron 8ndth 8en~ Thursday, June 15, 2008 5:14 PM To: 1My 8ety; Tana green Sulam FVW. Autunm FaMelrtida's Crossing Sutaon Pedestrian Pathway I put tl~is on June 27s' Sharon !hours Sonya Wat~S Serrtr Thursday, ]une 15, 2006 5:07 PM Ta Tammy de Wesrd Ccr Mrw Caruang; DauO Strorq; Sharon SrnRh; WW ~; Tara Gnear; Madtetle Hql Sub]aeaa Rte: Audarnn Fair~JTric~'s (~oss~g Subdivision Ped~t Padtway I think that would be a good idea. I'll let the Qexlx's office know to schedule it on June 27th. 'Thanks, Sonya IRr+ou~: Tanany de Weld 5sn~ Wedrn:5day, ]une 14, 200611:23 PM Tor Sonya Water C9ro Amin Canning dub itE: AuLwnrt Fabq/Trida's Crr~Mg Subdh-fslon PedrrsVian Pathway l clank that this ~ sornethin~ that needs to go bst~s Coundl t~ their directron. If th plat needs fia be changed - I.e. ohatrgirg the path to an ~semsnt...or whatever, I think K neet~ ~acueead. The HOA, arauor devet~er needs tQ address tlro common area and how k wi11 be hr~onred. R is trot the dtyla as 1 undenriand k. Thla is probaby Its for the 27th or ~ July. ThaMoa for your note - is thle ~ conrq~rient you n~ded? From: wands sr~ Wes 6/14/a006 a:ss ~ To: Tammy dC Wtxrd Coca Doug S~,rorrg; Arms Canning s~rb~a Autwnn Fa~/Trlda's Crossing Subdivtsbn Pedesbraan Pathway Hi Tammy, I've been speaking with Greg Corrie (as I'm aura you have too) regarding the common area behind his home in Tricia's Crossing Sub. His main issue is that he is restricted to a 4-t'oot solid fence or 6-foot open vision fence height on his rear property line because his lot abuts a common area where a pathway is designated. The old code (MCC 12-13-iS-9) in erect at the time this plat was approved, restricted fence height adjacent to pathways; the current code (tJDC 11-3A-7A7b) also restricts fence height adjacent to pathway8 and intexnal open space. The b~16/2006 Autumn Feire!'1.'riaa,'B (;Tossing SUbd1N81tN1 PEd~UY8i1 y pathway was never constructed and the common area was never improved. After researching this, I found that the Development Agreement for Autumn mire Subdivision required the applicant to develop a minimum 30-foot wide pathway (lot), to be rough graded at the developer's expense. There is a note on the plate affected by this common area that says that these lots shall be dedicated to the City of Meridian for a public pathway. The lots have not been conveyed to the city; they are still in the HOA's name, and until recently, Doug Strong was not aware of the proposed pathway. The park within the subdivision was also supposed to be dedicated to the City, which has been done. I spoke with Doug and be indicated to me (please correct me if I'm wrong Doug) that the Parks Dept. is net interested in developing a pathway within this area. The commnon area is currently full of weeds; the 'HOA didn't realize they owned it, and neither the developer nor the City ever did any improvements on it. Apparently it fell through the cracks. Mr. Corrie has said that the HOA has stated that they do not have the funds to develop it, sad the Parks Department also does not want to pursue constructing a pathway on it. Because of this, Mr. Corrie would like to pursue getting rid of this area by apply~,ng for a Property Boundary Adjustment and extending the rear lot lines of the adjacent building lots, thus solving his fence height issue. I highly doubt that he will be able to make this happen for several reasons, most importantly that this area falls within ATMID's Sky Pilot Drain easement and I doubt that they will allow the fu11 easement to be located within building lots. Anna suggested that i consult you on this issue before it goes any further. The City could pursue claiming the pathway lot and canatructinq the pathway. if you want the City to construct the pathway, then we will not instruct Mr. Corrie in how to process the Property Boundary Adjustment. We just need to know if the City (aka you :o) wants this piece of property. Please let us know. P.S. There are a lat more variables involved in this situation that I haven't gone into 3.n the interest of trying to keep this as sale as possible. If you need more info, please give myself or Anna a call. Thanks, Sonya -~YMM~INW /Y ~IIM M.Iti M~Y/V -IYN NII. N~V h-w/IY.Y /O M1IM Sonya Wafters CITY OP I4QRIDIAN Planning Department 660 L. Wet®rtower La., Ste. 202 Meridian, Idaho 83642 Phone: (208)884-5533 Fax: (208)888-6854 h h MMNNY1rMMMM NMMMMMNMNI1r II.II.MMMMII.M NM M 6Jlb/ZmO6 INTEROFFICE MEMORANDUM City ®f Meri.diax~a City Clerk Office TO: MAYOR & CITY COUNCIL FROM: SONYA WATTERS, ASSISTANT CITY PLANNER SUBJECT: TRICIAS CROSSING SUBDIVISION (AI{A AUTtJA~IlV FAIRE SUBDIVISION) COMMON AREA DATE: 7/7/2006 CG ANNA CANNING, DOUG STRONG, BILL NARY A request has been made to die City by Greg Corrie to remove the common area lot behind his house at 2456 N. O'Connor Avenue (I.ot 4, Block 1,Tricia's Crossing Subdivision) and extend die property boundaries of die residential bu>Yding lots that abut die common area on both sides. His complaint is that he is restricted m a 4-Boat tall solid fence or G-foot tall open vision fence on his rear property boundary adjacent to common area per City Code. Although this area is designated as common area, it has not been improved as such and he feels his fence height should not be restricted because of this reason. Background Inforniatioa: The Autumn Faire preliminary plat was recorded as Trivia's Crossing through the final plat process. A 30-foot wide common area (10' on Trivia's Crossing Sub. & 20' on Trivia's Crossing Sub. 2 & 3) within and along the Sky P>7ot Drain was approved for the Autumn Faire subdivision. The Development Agreement for Autumn Faire Subdivision required the applicant to "develop a minimum 30-foot wide pathway (lot), to be rough graded at the developer's expense." There is a note on the plats affected by this common area that says that these lots shall be dedicated to the City of Meridian for a public pathway. These lots have NOT been conveyed to the City, they are still in the HOA's name, and until recently, Doug Strong was not aware of the Proposed pathway. The park within the subdivision was also proposed to be dedicated to the City, which has been done. I spoke with Doug and he indicated to me that the Pazks Deparanent is not interested in developing a pathway within this area. The common area is currently fiill of weeds (the HOA didn't realize they owned it according to Mr. Corrie), and neither the developer nor the City ever did any improvements on the pathway property. Mr. Corrie said that die HOA has stated that they do not have die funds to develop it, and the Parks Department does not want ro pursue consixucting a pathway on it Because of this, Mr. Cowie would like to pursue removing the pathway lots. t'Jther Considerations: A portion (10~ of the common area falls within the NMID's Sky Pilot Drain easement they may not be willing to allow the full easement to be located within individual building lots, although 40 feet of the easement is already within the building lots. Possilble Solutions: 1. Allow Mr. Corcie (and other property owners affected) to construct a 6-foot tall solid fence adjacent to the common area. through the variance process, which would solve his issue but would not solve the unimproved common area issue. 2. Allow the HOA and the individual property owners to apply as a whole for a Property Boundary Adjustment m extend their rear property lines to eliminate the common area. 3. Require the HOA to transfer ownership the common area to the City as originally required and the City improve the common area and construct a pedestrian pathway as originaIly intended. 4. This common area should technically be the City's because it was dedicated as such on the Tricia's Crossing final. plats. The City could pursue claiming the property and dispose of it to the adjacent property owners through public sale of surplus property. The most likely and appropriate owners would be those individuals with adjoining properties. Those who purchase such surplus areas could apply for a Property Boundary Adjustment to extend their property lines. Summary: The existing condition is not ideal for the adjoining property owners or for the City as a whole. Staff asks that the Council provide direction on how they would like to proceed. 2 • July 7, 2006 MERIDIAN CITY COUNCIL MEETING JUIy 1 1, 200b APPLICANT ITEM NO. S REQUEST Request by Larry and July Kelley to Waive Fees for a Conditional Use Permit -403 E. 2nd Street AGENCY COMMENTS CITY CLERK: See Attached Letter 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: ~ s MERIDIAN SCHOOL DISTRICT: r_ , n ADA COUNTY HIGHWAY DISTRICT: U~J ~"iU SANITARY SERVICE COMPANY 1 CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials Presented at Public meetings shall become properly of the City of Meriden. • Page 1 of 1 Sharon Smith From: Jennifer Veatch Sent: Monday, June 26, 2006 4:25 PM To: Sharon Smith Cc: C. Caleb Hood; Jennifer L. Stoy Subject: 7/11/06- waive CUP fee for Kelleys Sharon, Here is the information you requested Judy and Larry Kelley 403 E. 2"d St. Meridian Zone- OT Issue: Cannot afford CUP fee, asking City Council to waive fee Background: Code Enforcement was in their neighborhood to check on something else and noticed the canvas structure they have in their side yard that houses their antique car. They erected the canvas tent approximately three years ago. At the time, they went with their plans to the building department and were told they didn't need a permit. They were given incorrect setback guidelines. They are unable to move the structure to the rear of their property due to trees and the narrow width between the house and property line. They also do not have the room on their property or the financial capability to erect a permanent two car garage with 20x20 parking pad required by UDC. They are applying for a CUP to allow the structure, but cannot afford the fee. Thanks, ~~ ~e~ Associate Planner Meridian Planning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 208.884.5533 208.888.6854 (fax) veatch~@ meridiancityorg 6/26/2006 ~ ~ ~c~v~~ JILL 11 2Q06 To: Meridian City Council ~ilyofiVleridian From: harry & Judy Kelley ~~ ~Ie~ ~ IZE: Canvas Garage /Waiver of fees for a conditional use permit. We live at 403 E. 2°~ St. in old town Meridian. Several years ago we decided to put up a canvas garage to house our 1957 Chevy. At that time I asked the building department if we needed a building permit. I was told we did NOT need one for a canvas building. We were told however that it should be back behind the sidewalk allowance in case there ever were sidewalks put into our area We made sure to use a good mix of sand & gravel for drainage. We secured it to the ground well so it would not blow over in the wind. It blends in well with the other things in the area, trees, parking and houses. When the code enforcement officer came by to check out a neighbor she also saw our garage. We have never had anyone make a complaint about our small structure. We have made trips to planning and zoning, talked with Jenny Veatch, who told us to take some pictures and put together some information and bring it in. They also put together a file with some pictures they took. Then on June 26 I took our pictures and information in and also talked with Caleb Hood. He suggested that since the new set back is to the properly line (and we are already on the back line of our property and there are no alleys by our place) all we might have to do would be take it down and apply for a new building permit. The code is now at the street sidewalk area, right where the garage is now. So, I went down to the building department and talked with Brent Bjornson. He told me that in the codebook we did not fit the need for a permit. He quoted page 3 in the code book (see attached), We talked a bit and he went back un to the planning department with me and we tallced to Caleb again. I was advised that I still needed to go to the city council for a conditional use permit. I said there was no way we could afford to pay $1096.00 for ~ permit fora $200.00 canvas garage (that now fits into the set back area) to keep our car off the city street. They said to 1. Write a letter 2. Go to the city council meeting 3. Ask for a waiver of fees for the use permit. 4. Then turn in the paper work for the permit. We have done eve in we were told to do from the first time we went to the permit department years ago. We feel that since there have never been any neighborhood complaints about our little canvas garage, since the set back code is now right where the garage is and that it keeps one more car off the city street we would like to keep the little garage. Thank you for your tune and consideration of this matter. ~ ~ ~ ADMINISTRATION the occupancy of a building or structure, or to erect, install, en- large, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation.of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. . R105.2 Worm exempt r m,,,,~permit. Permits shall not be re- quu`~ed for the following. Exemption from the permit require- ments of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provi- sions of this code or any other laws or ordinances of this juris= diction. Building: ,?joz • ~ `~~ Q ~ ~3 ~~ 1. One-story detached accessory ctures, provided the floor area does not exceed 20~~fee~(18.58 mz). 2. Fences not over 6 feet (1829 mm) high. 3. Retaining walls that aze not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surchazge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18927 L) and the ratio of height to diameter or width does not exceed 2 to 1. S. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similaz finish work. - ~: 7. Prefabricated swimming pools that aze less than 24 in~che~s (610 mm) d,.~.,eep. ~° -° "8.. Swings and other playground equipment accessory to a one or two-family dwelling. =.9. Window awnings supported by an exterior wall which do ` ~ . .~9j~~>t~;e„~th~na54 ches (1372 mm) from the ex- ;: terior wall and do not require additional support. ' ~~ ~~Electric .~.~~. Repairs and maintenance: A permit shall not be required for '. e .:~~;; , , ~~nor repair work, including the replacement of lamps of the `c'onnection of approved portable electrical equipment to ap- ved permanently installed receptacles. Portable heating, cooking or clothes drying appliances. :Replacement of any minor part that does not alter ap- proval of equipment or make such equipment unsafe. ?Portable fuel cell appliances that aze not connected to a L~xed piping system and aze not interconnected to a :power grid. . heating appliance. ventilation appliances. cooling unit. hot or chilled water piping within any heating or equipment regulated by this code. TIONAL RESIDENTIAL CODE® 5. Replacement of any minor part that does not alter ap- proval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. ~3 7. Self-contained refriEeratinn cystPmc ion aining 10 pounds (4.54 k~) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. The stopping of leaks in drains, water, soil, Waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it be- comes necessary to remove and replace the same with new ma- terial, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the re- placement or rearrangement of valves, pipes or fixtures. R105.2.1 Emergency repairs. Where equipment replace- ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the next working business day to the building official. R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similaz piping, electric wiring or mechanical or other work affecting public health or general safety. R105.2.3 Public service agencies. A permit shall not be re- quiredforthe installation, alteration or repair of generation, transmission, distribution, metering or other related equip- . went that is under the ownership and control of public service agencies by established, right. R105 3 ,plication for p~rtrut~„ To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the per- mitfor which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar de- scription that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section R106.1. i pp,, ~ yis .SIN~i f' .. . ~ .rte Y L ~~ ~,,.. --• ~~,_ ;F '''. '~` ~` ' r/ y ~~.t -, ...Z a 3 i ~{.rp ~ ,~v ~ .icy i `y`' ~:~ +~; P ,'~ pi' ~ ~ ,§"~ ; r /~~ sNS" ~4 a,< 3; ~~~~ z ~;; a' ~"r;. ,? } .,,(': ~..f~ ,.,... "r. ~ F s W~ ~YPR _ x 1~ ?~ ~a :t~ r ~, > ' ,~" ~: `< n .~~c ~~ vy.t, ~~' „rrP s i ~:~ r ~,r5> .. rye' ~ ~r., ~.FE; ; : ~ , a ; ~~ j! vi~ _~ J ti _ ~i. rSS~ i µ, Y 9 .+' f T J i v~ ' i rFS'fi4' JP'+t'. i i !.~ ~ ~/• d "` q.: ~ Y 1:., fS: i; ~v j ~ ~ a~ i ~: ~~.. •,I it r`..6c s An ~r. • .. > ~f p. • • July 7, 2006 FP 06-027 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT Dyver Development, LLC ITEM NO. 9 REQUEST Final Plat approval for 74 residential building lots and 5 common lots on 16.74 acres in an R-8 zone for Ambercreek Subdivision No. 2 -south of McMillan Road and west of 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 Previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become properly of fhe Ctiy of Meddlan. • July 7, 2006 FP 06-028 MERIDIAN CITY COUNCIL MEETING JUIy 1 1, 2006 APPLICANT Capital Development, Inc. ITEM No. 1 ~ REQUEST Final Plat approval of 27 single-family residential building lots & 2 common / open lots on 7.92 acres in an R-8 zone for Settlement Bridge Subdivision No. 6 - 2205 E. McMillan Road and 2251 E. McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: QTH ER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C July 11, 2006 IN THE MATTER OF THE APPLICATION OF CAPITAL DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF 27 5INGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 2 COMMON /OPEN LOTS ON 7.92 ACRE5 IN AN R-8 ZONE LOCATED AT 2205 AND 2251 E. MCMILLAN ROAD IN THE NE I/ OF THE NW 1/ OF SECTION 32, T. 4N., R. lE. CASE NO. FP-06-028 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 July 11, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 11, 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 SETTLEMENT BRIDGE N0.6 LOCATED IN THE NE '/ OF THE NW '/ OF SECTION 32, T. 4N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION N0.6 / (FP-06-028) Page 1 of 4 • • DATE: 06/01/2006, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", CAPITAL DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 11, 2006, listing 18 SITE SPECIFIC REQUIltEMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Capital Development, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their July 11, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION N0.6 / (FP-06-028) Page 2 of 4 • preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Deparhnent, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO. 6 / (FP-06-028) Page 3 of 4 • 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 ~~ , 2006. D~~~~ `\ \ 1 111DyN 1 - ATTEST: `,; ~,~~ YOR de WEERD ~' ~~~ ~ ~ ~~ `~ WILLIAM G. BERG, JR., CITY CL~ ~ ,A >~ " p 1~~ • °`; Copy served upon: / Applicarift%;`9 .~~ °~~,o~`°\ _~~, Planning and'Z4ana,~g, pe~artment / Public Works Department City Attorney By: ~~l~ n'I~y~C ~_ City Clerk's Office Dated: ~~=(~~ -{;~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO. 6 / (FP-06-028) Page 4 of 4 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA~IVIENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: July 11, 2006 Transmittal Date: July 7, 2006 Mayor & City Council 3 ,~ •:r ~, ? us.1s-oc~ ~' a. ~ ~s,:~ ~iF~P-L 7~ s We have reviewed this These conditions shall Meridian City Council: Sonya Wafters, Assistant City Planner ~ ''~~' Michael Cole, Development Services Coordinator ~ C- Settlement Bridge Subdivision No. 6 Request for Final Plat Approval of Settlement Bridge Subdivision No. 6 Consisting of 27 Single-family Residential Building Lots and 2 Common/other Lots on 7.92 Acres in an R-8 Zone by Capital Development, Inc. (File# FP-06- 028). submittal and offer the following comments and conditions of the applicant. ~e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Capital Development, Inc. has applied for final plat approval of 27 single-family residential. building lots and 2 common other lots on 7.92 acres in an R-8 zone for the sixth phase of Settlement Bridge Subdivision. The proposed gross density of this phase of the development is 3.41 dwelling units per acre. The proposed net density is 4.15 dwelling units per acre. Settlement Bridge No. 6 is located east of Locust Grove Road, south of McMillan Road in the NE 1/a of the NW'/a of Section 32, T.4N., R.IE. This property has not been previously platted. A conditional use permibplanned development was approved for this subdivision that allowed for reductions to the minimum standards for lot size (to 4,031 s.f. for attached lots and 5,250 s.f. for detached lots) and street frontage (to 40 feet for attached lots on straight-away streets and 28 feet for lots on corners/cul-de-sacs, 58 feet for detached lots on straight-away streets and 30 feet for lots on corners/cul- de-sacs, lots sharing common driveways aren't required to have any street frontage). The fmal plat shows two less building lots than were approved on the preliminary plat; however, staff has no objection to this change as the applicant is not increasing the number of buildable lots from what was previously approved. Staff fmds that the proposed fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Settlement Bridge Subdivision No. 6 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-03-035), development agreement (Inst. #104061807), conditional use permit (CUP-03-065) and preliminary plat (PP-03-041) for this subdivision. Exhibit "A" FP-06-028 Settlement Bridge Sub #6 FP.doc PAGE 1 CITY OF MERIDIAN P~TNING AND PUBLIC WORKS DEPA~IENTS STAFF REPORT 2. The applicant shall revise Lots 14-19, Block 15 to meet the current dimensional standards of the Unified Development Code regarding common driveways and frontage requirements, or revise the plat to conform to what was originally approved with the preliminary plat. 3. Complete the book and page numbers that are missing in the Certificate of Owners. 4. In several places on the plat the graphically depicted sidewalk easement is called out as 10-feet wide but only scales to 3-feet. Revise plat to reflect a 3 foot sidewalk easement. 5. Dwelling units on attached lots shall be a minimum of 1,200 square feet, exclusive of garages. Graphically depict a special setback from the right-of--way in the following locations. The setback is needed to comply with Department of Environmental Qualities Best Management Practices regarding separation between a seepage bed and building foundation. a.) Lots 33 and 34, Block 16. b.) Lots 15 and 16, Block 17. 7. The applicant shall upgrade the proposed water main in E. Wagon Street to a 10-inch main. 8. 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 is not proposed prior to release of building permits. 9. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 10. Revise or add the following note(s) on the face of the plat dated 6/1/2006, prepared by Engineering Northwest, LLC. and signed by, James Washburn, prior to signature on the final plat by the City Engineer: (11.) Include instrument number. (*.) Add note: "Fencing on Lot 13. Block 17 adjacent to the micro pathway and common open space on Lot 12. Block 17 shall be in compliance with the most recently approved fencing standards of the Citv of Meridian." 11. The Landscape Plan, prepared by The Land Group and dated 6/5/06, shall be revised as follows: a. Include tree class in plant schedule. b. A 6-foot tall fence is required along the perimeter boundary of the subdivision. Depict location and fencing detail on the plan. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 1 Z. The applicant has indicated that the pressurized irrigation system in this development will be owned and operated by the HOA. Since this is the last phase of this development the applicant shall submit a "Final Copy" of the operations and maintenance manual to be approved by the Public Works Department prior to signature on the fmal plat. 13. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the Exhibit "A" FP-06-028 Settlement Bridge Sub #6 FP.doc PAGE 2 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA~ENTS STAFF REPORT culinary water system shall be required. If a single-point connection is utilized, 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. 14. Sanitary sewer service to this development is proposed via extensions of mains in previous phases of this development. The applicant shall install sewer mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 15. Water service to this proposed development is being proposed via extensions of mains in previous phases of this development. The applicant shall install water mains to and through this proposed development, and 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. 16. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 17. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonmwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction 18. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, development agreement, conditional use permit, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAI, REQUIItEMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit "A" FP-06-028 Settlement Bridge Sub #6 FP.doc PAGE 3 CITY OF MERIDIAN P~dNING AND PUBLIC WORK5 DEPA~ENTS STAFF REPORT 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. 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. 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 maybe 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. 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. 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. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for fmal approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Settlement Bridge No. 6 (FP-06-028) with the above stated comments and conditions. Exhibit "A" FP-06-028 Settlement Bridge Sub #6 FP.doc PAGE 4 erin,~ North West, LLC 423 N. Ancestor Place, Suite I80 Boise, Idaho 83704 July 10, 2006 Mayor and City Council City of Meridian bb0 E. Watertower, Suite 200 Meridian, ID 83642 Re: File No. FP-Ob-028 Settlement Bridge No. 6 ~~ flue) s7trJWU • rax (208) 376-5556 X ~~ r ~~ kk J~ I am writing on behalf of our client, Capital Development, who have indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's Sitc Specific Comments for this project is as follows: City of Meridian -Conditions of Approval 1) All teens of the approved annexation (AZ-03-035), development agreement (inst. No. 104061807), conditional use permit (CUP-03-065) and preliminary plat (PP-03-041) have been met. 2) Lots 14-19, Block 15 have been revised to meet the current dimensional standards of the UDC regazding common driveways and frontage requirements. 3) The book and page numbers will be added to the Certificate of Owners sheet after Settlement Bridge Subdivision No. S plat has recorded. 4) The sidewalk easement call-outs on the face of the plat have been revised. 5) Agree. b) The setbacks to comply with DEQ Best Management Practices have been included on the plat for the lots indicated by the staff: 7) The water main in E. Wagon Street has been upgraded to a 10-inch main per staff comments. 8) Agree. 9) Agree. 10) Note 11 will include the instrument number after it is recorded and prior to the final signature of the plat. An additional note has been added concerning the fencing adjacent to the micro pathway per staff comments. 11) The landscape plan prepared by The Land Group dated 6!5/06 will be revised and submitted per staff comments prior to final plat signature. 12) Agree. 13) An irrigation well is being used for the secondary irrigation source in this development. 14) Agree. 15) Agree. 1 b) Agree. 17) Agree. 18) Agree. r;~n~n;~ ^r;^ General Requirements 1) Agree. 2} Agree. 3) Agree. 4) Agree. 5) Agree. G} Agree. 7} Agree. 8} Agree. 9) Agree. ] 0} Agree. 11) Agree. 12) Agree. 13} Agree. 14). Agree. • Should you have any questions or need anything else feel free to give me a call. Thank you, I T Eug a P. Smith, P.E. Xc: Dave Yorgason, Capital Development b:~hihit "H" • • July 7, 2006 FP Ob-030 MERIDIAN CITY COUNCIL MEETING JUIy 1 1,2006 APPLICANT Pacific Landmark Development ITEM NO. 11 REQUEST Final Plat approval for 88 single-family residential building lots 8~ 9 common lots on 29.7 acres in an R-4 zone for Madelynn Estates (f.k.a. Basin Creek) - 5603 N. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SAN{TARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comments 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 properly of the City of Meridian. July 7, 2006 FP 06-029 MERIDIAN CITY COUNCIL MEETING JUIy 1 1,2006 APPLICANT Dyver Development, LLC ITEM NO. ~ Z REQUEST Final Plat approval for 62 single-family residential building lots 8~ 3 common lots on 13.1 acres in an R-8 zone for Irvine Subdivision No. 1 -SEC of Ten Mile Road and Chidden Boulevard AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comments SETTLERS IRRIGATION: IDAHO POWER: us wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shad become properly of the City of Meridian. • BEFORE THE MERH)IAN CITY COUNCIL C/C July 11, 2006 IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 62 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 3 COMMON LOTS ON 13.1 ACRES IN AN R-8 ZONE LOCATED ON THE SOUTHEAST CORNER OF TEN MILE ROAD AND CHINDEN BOULEVARD IN THE W % OF THE NW '/a OF SECTION 26, T. 4N., R.1W CASE NO. FP-06-029 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 July 11, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 11, 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 IRVINE SUBDIVISION NO.1 LOCATED IN THE W %Z OF THE NW 1/ OF SECTION 26, T. 4N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 06/13/2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IRVINE SUBDIVISION NO. 1 / (FP-06-029) Page 1 of 4 • b~ SHEET 1 OF 5, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 11, 2006, listing 15 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, and the additional requirements of the Council taken at their July 11, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IRVINE SUBDIVISION NO. 1 / (FP-06-029) Page 2 of 4 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of ofF site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IRVINE SUBDIVISION NO. 1 / (FP-06-029) Page 3 of 4 • 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 2006. ,.°°' de WEERD ATTEST: `,~``` '~~ ~ ~°'~,, ` ~~~ . '; ~Po /~-~ ~ ~ - WILLIAM G. BERG, J ., C C~,E Copy served upon: / Applicd~,t~'~ ~;I~ ~ ~~°`~°* ~~ Planning afido $el+~~artment / Public Works Department ~ City Attorney BY' Dated: - - i Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IRVINE SUBDIVISION NO. 1 / (FP-06-029) Page 4 of 4 CITY OF MERIDIAN P~iNING AND PUBLIC WORKS DEPA~ENTS STAFF REPORT s STAFF REPORT: Hearing Date: July 11, 2006 _ Transmittal Date: July 7, 2006 ~r'~ µ;;~ ~ iI3.~6t J TO: Mayor & City Council `~: ~~'` ~Pa 1 `~-~-~~~ ~,~.o~~~~ ~a~`-~ V l FROM: Sonya Wafters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C SUBJECT: Irvine Subdivision No. 1 Request for Final Plat Approval of Irvine Subdivision No. 1 Consisting of 62 Single-family Residential Building Lots and 3 Common/other Lots on 13.1 Acres in an R-8 Zone by Dyver Development, LLC. (File# FP-06-029). 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 SUMMARY & LOCATION The applicant, Dyver Development, LLC, has applied for final plat approval of 62 single-family residential building lots and 3 common/other lots on 13.1 acres in an R 8 zone for the first phase of Irvine Subdivision. The proposed gross density of this phase of the development is 4.95 dwelling units per acre. The proposed net density is 6.65 dwelling units per acre. Irvine Subdivision No. 1 is located east of Ten Mile Road, on the south side of Chinden Boulevard in the W %2 of the NW 1/4 , T.4N., R.1 W. This property has not been previously platted. A condition of approval of the preliminary plat was that the applicant revise the plat to include a minimum of 5% open space for the subdivision. The applicant has submitted a letter, dated July 7, 2006, detailing that the required change has been made and the calculation for usable open space is now 5.2%. The increase in open space will occur in a future phase(s) in the common lots (Lot 9, Block 3, Lot 9, Block 4, and Lot 9, Block 5) along W. Seadrift Drive and the park area (Lot 5, Block 2). The submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Irvine Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-038) and preliminary plat (PP- OS-037) for this subdivision. 2. 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 is not proposed prior to release of building permits. 3. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of Exhibit "A" FP-06-029 Irvine Subl FP.doc PAGE 1 CITY OF MERIDIAN P~NING AND PUBLIC WORKS DEPA~MENTS STAFF REPORT reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 4. Submit three full-sized and one reduced copy of the revised preliminary plat in compliance with the minimum 5% open space required by UDC 11-3G prior to signature on the final plat by the City Engineer. 5. The applicant shall provide a sandstone color, solid vinyl fence and slight berming (to prohibit potential drainage infiltration) adjacent to the Stevenson property. 6. Revise or add the following note(s) on the face of the plat dated 6/13/06, prepared by Bailey Engineering, Inc. and signed by Terry Peugh, prior to signature on the final plat by the City Engineer: (8.) Include instrument number. (*.) Add note: "All front garage setbacks shall be 20 feet as measured from the„_propertv line or the back of sidewalk whichever is more restrictive " 7. The Landscape Plan, prepared by JensenBelts and Associates and dated 6/13/06, shall be revised as follows: a. Depict the solid fence detail shown as "vinyl". b. Depict the berming adjacent to the Stevenson property referenced above in site specific requirement #5. c. Extend the perimeter fencing to the rear lot line of Lot 1, Block 3. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 5. The applicant has indicated that the Settlers Irrigation District will own and maintain the pressure irrigation system within this development. If the system is to be owned and maintained by Settlers Irrigation District, evidence of a license agreement with Settlers shall be provided to Public Works prior to scheduling of apre-construction meeting. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. It appears to staff that the Stevenson property that borders the southwest corner of this property may have had water delivery to it via a head gate off of the Simpson Lateral. Prior to construction plan approval the applicant shall determine if the parcel in question has water rights through the Irvine property. If they do have the rights, then the applicant shall be responsible to comply with all State statutes and City regarding water delivery, included written documentation of end user approval. If the end users approval can not be obtained alternate plans may be approved by the City Engineer. 8. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The extra width is necessary to protect a pressurized irrigation mains being installed in this location. a.) North boundary of Lot 1, Block 5. b.) East boundary of Lot 13, Block 4. Exhibit "A" FP-06-029 Irvine Subl FP.doc PAGE 2 CITY OF MERIDIAN P~TNING AND PUBLIC WORKS DEPA~ENTS STAFF REPORT c.) East boundary of Lot 7, Block 2. 9. Graphically depict a special setback of 20 feet from the right-of--way on the following lots. The setback is needed to comply with Idaho Department of Environmental Quality Catalog of Best Management Practices that require 20 feet of separation between underground storm drainage facilities and building foundations. A note on the plat shall be added that references this information. a.) Lots 3, 4, 7, and 8 Block 5. b.) Lots 1-4, Block 3. c.) Lots 6-9, Block 4. d.) Lots 3-6 Block 2. 10. Sanitary sewer service to this development is proposed via extensions of mains Silverleaf Subdivision. The applicant shall install sewer mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 11. Water service to this proposed development is being proposed via extensions of mains in Silverleaf Subdivision. The applicant shall install water mains to and through this proposed development, and 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. 12. 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. 13. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 14. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACPID, City of Meridian and all other regulatory requirements at the time of final construction 15. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAI, REQUIItEMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer Exhibit "A" FP-06-029 Irvine Subl FP.doc PAGE 3 CITY OF MERIDIAN P~NING AND PUBLIC WORKS DEPA~VIENTS STAFF REPORT 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, ,road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and. landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Any existing domestic wells andlor 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 b~ackfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe 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. 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. 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. 14. Approval of the preliminar3~ 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 Exhibit "A" FP-06-029 Irvine Subl FP.doc PAGE 4 CITY OF MERIDIAN P~TN[NG AND PUBLIC WORKS DEPA~VIENTS STAFF REPORT reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within succes;~ive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the: final plat for Irvine Subdivision No. 1 (FP-06-029) with the above stated comments and conditions. Exhibit "A" FP-06-029 Irvine Subl FP.doc PAGE 5 ~C~'C/ailey • Engineering,lnc. CIViL ENGINEERING~PLANNING~CADD DATE: July 11, 2006 TO: Mayor atld City Council liE: Irvine Subdivisia~n (IaP-06-029) Dear Mayor and City Council, On behalf of otu client, Dyver Development, Inc we would like to state we agree wish all Site Specific Cornrnents and Conditions except. for No. 8 of the site specific continents set forth in the final plat for hvine Subdivision. • The applicalTt has it?dica~red Thal the Setlle-•s lirigatiol? District i~%llJ 0191? alTf~ I17CIJ17lall? 1~7e t1 plesszn•e rr~•igaliol? system N~r1!?in IITis deueloprnel?J. If t!?e sys/ern is to be o1i~rTei! clr?d ,~t~ n?ail?lained by Settlers Ir•rigaliun District, evidence qJ'a lrcerrse crgreenrel?I i9~ilh Settler s sl?a/1 be pl•ai~ided to Public i~o/•kr p-•iol• to schedirl ing of a pre-constr-zrcliol~ rTTeetil~g. )]rvine's Pressw•e Irrigation 'is being tied into Siiverleaf s pump station, so the Hame Owners Association will own and maintain the pressure irrigation system within this development. Thank you for yotu time and consideration, Sincerely, 1 _._- Aj _opez. Development Services 1500 E. Iron Eagle Drive • Eagle, Idaho 83616 • Tel.: 208-938-0013 • Fax: 208-938-0516 www.baileyengineers.com Exhibit "H" • July 7, 2006 MERIDIAN CITY COUNCIL MEETING JUIy 1 1, 2006 CPA 05-001 APPLICANT S. Eagle Rd 8. Victory Rd Property Owner Alliance ITEM NO. ~ 3 REQUEST Continued Public Hearing from May 2, 2~6 -Request to Amend the Future Land Use Map of the Compr. Plan for approximately 50 acres from medium to low density residential to mixed use residential -land at or near ne and se comer of S. Eagle & Victory Rds 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: See Previous Item Packet /Minutes MERIDIAN POST OFFICE: OTHER: See attached Letter from Residents of Tuscany Subdivision Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • July 7, 2006 AZ Ob-008 MERIDIAN CITY COUNCIL MEETING July 11,2006 APPLICANT South Eagle Road and Victory Road Property Owners Alliance ITEM NO. ~ 4 REQUEST Public Hearing: Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C-C, and L-O zones for South Eagle and Victory Road Property Owners Alliance Annexation - northeast and southeast corners of South Eagle Road and 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: COMMENTS See P & Z Item Packet / See P 8 Z Minutes See Attached Recommendations OTHER: See attached Affidavit of Posting /Letter from Tuscany Sub Residents Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • July 7, 2006 AZ Ob-015 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT FanNest, LLC ITEM NO. 15 REQUEST Public Hearing: Request for Annexation and Zoning of 182.60 acres to R-8 (168.23 acres; TN-R (10.42 acres) and C-N (3.94 acres) for Tanana Valley Subdivision (fka Lookout Ridge Subdivision) -SEC of S. Meridian 8~ Victory Roads AGENCY COMMENTS CITY CLERK: See P & Z Item Packet / See P >ii Z Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See Athached Recommendations 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: Letter from Barbara Tilton /Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 7, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Farwest. LLC PP 06-013 July 11, 2006 ITEM NO. ' 6 REQUEST Public Hearing: Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 182.60 acres in a proposed R-8, TN-R, and C-N zones for Tanana Valley Subdivision (fka Lookout Ridge Sub.) -SEC of S. Meridian ~ Victory Roads 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 P ~ Z Item Packet / See P >~ Z Mlntates See Attached Recommendations MERIDIAN POST OFFICE: OTHER: See ®itached Leiter from ~®rbara T~It®n Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. f ~ July 7, 2006 AZ 05-018 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT JLJ Enterprises, Inc. ITEM NO. 21 REQUEST Amendment to Ordinance No. 05-1186: Request for Annexation and Zoning of 29.18 acres to R-4, R-8 and R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Amended Ordinance D ~~~ Contacted: ~) I M ~~P1nIP~- Date: `-1-10-0 ~ Phone: Emailed: y`' }~r~ri~ciM {Y1.CY1,~Y1 Stafflnitials: V Materials presented at pubic meetings shop become properly of the CNy of Meridian. AuA COUNTY RECORDER J DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 07/20/06 01~` ~ • DEPUTY Oail Oarreri ~ III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~ RECORDED-REQUEST OF 1 X611 ~ 17~ Meridian City CITY OF MERIDIAN ORDINANCE NO. ~~ f l`~~ AMENDING ORDINANCE N0.05-1186 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ-OS-018 WESTBOROUGH SQUARE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE 1/ OF SECTION 30, TOWNSHIP 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 R Z (RURAL LOW DENSITY RESIDENTIAL), R-4 (LOW DENSITY RESIDENTIAL), R-15 (MEDIUM ffiGH DENSITY RESIDENTIAL), AND L-O (LIMITED OFFICE DISTRICT) IN THE MERIDLAN 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 TT 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 Descriptions herein incorporated by reference as Exhibits "A" are 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: STETSON PROPERTIES, LP; JLJENTERPRISES, INC.; JOINT SCHOOL DISTRICT NO. 2; and THE CITY OF MERIDL4N. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT and R-6 (Ada County) to R-2 (Rural Low Density Residential), R-4 (Low Density Residential), R-15 (Medium High Density Residential) and L-O (Limited Office District) in the Meridian City Code. AMENDED ANNEXATION OF A~OS-018 WESTBOROUGH SQUARE SUB Page 1 of 3 (• ~• 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. 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 ~Gt,~f/J , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~Gt~lyJ , 2006. AMENDED ANNEXATION OF A~05-018 WESTBOROUGH SQUARE 5UB Page 2 of 3 (~ A WILLIAM G. BERG, JR., STATE OF IDAHO, ) ss. County of Ada ) f~ ~~~i~isiiiriA `~~~~'`` d`dP de WEERD d~~ ~L ~ddd ~ ~ Y ~~ ~ q>~ /r~ _ ~~~+ On this l ~ ~ day of ,~ one,, , 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 th~ a~; ~; a year first above written. ~'SEAI,) ~'~ °~ x i s i w dJ~ • ~ • ~,` ~ , ~ .• ~~ j(e e~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~(il[t l~ l 1, 1 ID MY COMMISSION EXPIRES: lCS- --li AMENDED ANNEXATION OF AZ-OS-018 WESTBOROUGH SQUARE SUB Page 3 of 3 PARGy+LDffiGA7P(IO): Aw4au142W4 lha/actNo: 901mIAI4ITRp~ZDM3g2 A pccelotlaa6lwe¢d 01i0e aordiaaet sdd8maw !0, Tpwmtdp 4 Nalfb, Ram 1 iwR 11aae5~m,Ada Gway, Glad%8~e~marRhsaldfiblso~.taotdaAatP0yo920i4, 93flS,mdR(gg, Raot87. feet. of 051 rte, nmre 9~hsh deomhad'ar ~~ CoNnH&~rCIIVOaaearu~am~ai,av~csml ~tolosM36er~aaa~tL~ta~doasombo3o, 7f~,ca xe%. e9•sr5.r waaoomw-~QmteofA~6q mrh ima otnl6.ao0olaaq n, ~uoao..r laai ss teas to the eaearlkoa[74. Jericho Rood; TI1du+e BmatY0079'fe' Wert aatocWmt w4E me ceniallao ofN.lm~ho Feld, 476?A tmim QroP01II01' DP' 6R(3R1NCY4; lfirue SaafhBD'S0!04• Laq 308.SDfi.tm ~ i!B"iabrdagi Pid SNl aatrlmg~o mcca+wrot Laa.S, tikclc I, ofoahl We~rmtgs 9e8~vhierc 11®ce'Smit>t 0079'56° Weq 799.4( harm • S8`sehodayPL4S461 er~lddng Om.t~,uamen d lal 1; CWut} {. of uid Wasu~l, y~ypeo, lDmmxcam ltY49'03" West' 71.11 &w,a. Sr8" orbupy 4LY sabl endd~g e+a aota a~~ gym. 'ltirxe 09.47 taetaiamg me Yaoterid aav6 b Ilb~p.IralaB. cell ee87a arl8'Ol'38°.. ~ of 192.W Fop, mh*nmdbyo enmd 6sai+g tdnlb 14V8'M• Wdn,60.11 benaStS• aeltaA~ iTA 5461; 7Amm tnirx 71•aaror MiaS 63.73 feat m ab8'~obmtpPl$ 5467 maidd~aae ha9immaoro ~ ctuvr 7barcn83.4?falalo~yrhoucafndm+wbf)takM1bntaga~m~6o1a~ dii'02ro4;~i~ot 26RA0 teat, R6rteminl aY ^ e4rg6 6eung 0&am LO'41'OQ` Wep, 6310 b ~l+8`i.b~clary B1H 546i; 7hmw Nath@M49'03" WaR 30.14 $W m db emtalia. dnW jv. lu+rAo Rand; '[bim~N4d~6079'S0 Uaawlswdea!e81t 4sawaaniWaataddN JvkLo8an4'i61.iJ 6a~brla Y31RV7 01r BEfiilPPU[fGc '[ltepecml.boob dKpibo6 pmorlae0shu 5.57 temp nairo or A'e4 rupelER ~ndaaLJea b m~,ae~gy„ sad oaieikiiam d IQCOed ~tuNao~tt~kvmµ', wr~as~O.+e~ep~emn~q~5l~vrr~enaeea~sAS'b~.pcap~:e~d mmldop rLavmN R' e~omarot3eaoo ~teltal R he~asogaoaoa~mad5m1, 689Si713 ~b 4 Oag! 1 Epf, 8dtelf~dLa ~~ r~datDeemploe~ •L d wmva.ap aser.p.rw tyra44iama ~:o+;+L.l Zme d4ao< ilea 1 O.f L rEXI378IT MAP FOR S'PES'Z'SORO[JGH S~JBDIVI3ION LOT' I THRU 5 ZONE I2--2 N mor m sws „_ rb~s ~Nr,7S -..- xf aoR SCCfip/ ~p PdNf pF Lb10s71RYWi V4 II RCV 7 201M, RIB 211.~OD p,n !.'JJ Act '~"~ r E. 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Bm.~ O.wc.f..leew.e w U.toglt, t.s~+~ eaBlad.1A0y0.•..~w d ~~~~, wbuidtdby. a~old6wn~ Bac11999fpr• ewcas~ ~tb.JIB"wlodao)P1S13N1: Tleio 9aNh 71.4/'01' BtW.6SJ3 Bectt.0l/l"'aabldepP183Q91 p.eluol lot ~B®msd.9mlyom tuna; Ta..t.4aru eiA.kaeB dlo.m d..fel anna b t!r nr1.. esra~. matml a01. et IBroI'S$". iudEr of tB1.00 6ew.a.Nwdael M..yoNb.awBd.nh W 41'o2"F,~s,AO.IB feelb. SN'wlROkp PLS 3161: 1. 610Ct 1 dAb 9levwlgylt,~(~sa.: BeamR'yB°l~vtbP P1.6.7~1 OWI~IIIO IOYW.q~avm n('1 M T1enaNwW OO:DY6`em, T99~{I fiaam. SIB".d~rfld 54.1 mrmgtle srWatee.onw.t Lot 7.91aek l OIB81( WNOgNy,111 B.BdlWsnq 'llaeotia 6umkBT30.Ot`Er.290201Mt0o a LB" Iobaky PlSYg01 .mye• ttr.a.B.vy togwrnl~ Lot 49ieek ! drill 9Ju16oar~k Nahdiamo• Tleerc.6aatt007776' 0!m,10A0 Beetto a LB'tdrMmpPS.B iQlf Thweb Bowh 89"3195` Eut 11Y:9P leae r .1tB' ea~dc>p Pls sus,; 71¢ac. Br.k17g9'li`FM b1{32 6ru.. SIB"t~ PL3.4)1. Qto.e p.~ 9mu 899797"tftd, 3118 b Beal m.!$• Wk/npPL9 Nll.od mt ~el9t Lapall TVaa. Bmq W'JTIO' Oft amdrf eet term eetB aeamR...(N. lvae/t tiivwltarl3l0A3 iwl m . Sq' 7.4etk.p Prs aH .r~gBe....rlvrse..aa'adn's>arem,s4gs+~.+oa~ Tlreoa Ns489'Y9'4'3' p9y amaodml w4tbsaur~iY+O°~' at l.ld w I379~1 Beet r tlroer.oB.a ofwdA[ JaeeAoBq.t MMf~ NoM.807WSa'Bmovse~lwlth).eondab.o ote.IdNla+ebAaat 90.00 Be.tm lho 1'h. pawlahmeQwuf8a0 wend amens 17.02 waq.lpr a :er. TapOm e..MoBa.tghtmw..rm,s^~a~rw~eias ofn:ori ~`~ tQBSa.mleJe~p~arksm~°slarurttua.moa..S.rtr~apaasamom0 n.abpm.asrh ~a~t~fo~tomn~0o1 j~s3`ama.PamlettrowtaawP,ss7u ~+~P Bu.gt 1 ewe. Beta xmwa. P PuA.(beoeap4a., ~ MEF1iJ~f.N Fu9L~i: •1~ imws e'~`s'~6~'-BreM.a ho.lot] .. ~:• (~ EXFflI3J7' MAr' ____. _.._._...... RCIz WESTBOROUGI3' SUI3DlYISION LQT 7 ZONE F2-4 I Mor m ~ t ®~AC~ I~1C --..~,.~ _.__..,.._f ~~auauc w~rxs o®x 1 0/-11.06 01:Q1ye Free-fOH Puito Bolee~ IC AST68' 806 8a2 646'8 T-Ie6 P.Oa~/o08 P-117 PARC~LDE5(It0'TTgN IdyIt,2005 Predtxr. W~'9TSOAOVOHSQUARP (g 1S} ProJaccNo : 3~~ ApYCd of ~d located Su tin ttortbeesl %i of the tprdteast'G eF 3ecdoa70, Totwtshtp 4 Nattb, Raoge 1 Fast,•Hoiea i54aridian. A~ Covotri ]dales, tkil'etetaoltta We~eton8b Sebdlvision. memdad•s: Psga 988~-. 988St and 9685. Huote 87, is~ent+6103166998. man paadeulatty daca"Ued'ae {b~: COddA~E.aiC'QdG u tlet: aostheau coma of said Satxioa30, tettttrked byat 3.3° brim cap, umtarsecbtdtF141052G35; Thcnee North 89"51'35"Weta txcnddent edt6the ttottb Icn of eddtaosdmast iG of~e ttotd+eag'b of Secgoo 30,.a di:mme of 737.97 tEos to the PO1N7 OBBE(NR'h7N6; . T1rc~e•SoutFl 00°4738° W/eet, 480.07 teas Tbenoe NotBt 89"30.04^ Wert, 327.87 foq: '11>e~eNottls 00~9'5B"!bast, 99.73 Roe+c TLence TTottb 2Z°4T49"East,14Z07,fca1; '[ltanar Notth00°~'25" Haat,147.14 feet to the said aossU tine of rim ttmt>tiast '/. o[the nest'/. o[Socpoa 30; 7lutvice South 89°51'35" E.est co4lddtmtwph the taid•~ith lim oQtlm ~ /, of the nottIlcasi'a of Stxs(on30,, a dismnu of271S9 tent to the )IO1D17't)P'HHCiII10YLVG; Tifcpuctl above descabed eotttaam 317 Bum pgnp to leas T08other Veitlt end suhjW to cWalnfp, t:eaememtb, end miaicti"nr ofretotd. The basis of beetioas !br eM ebova dcxs~tion is tJacds 89°41`35" Rretrt b~eo the 3.5" btms oap (corag.racotd 4101032635} timtkittQ the naatheae:[ cemtr at3evltia 30 and toe 3.S" brief up (twDRrrawrd $8953713) mattiiag ntc notth'b ewanerof Scaoam 30, both (n1'osvrseAip 41:ertfh, [laagc 1 Face. Hoses 1. ~.-,.r_ _....~----~~...Y. OT-Bf-OS 01:61 FrorlYiH R#e~ie Beit1, ID 81705 .-. _ 'y - •~-.. !OB 842 8888 T-188 P.007/103 F-1ZT .EXHIBIT MAF F022 1'V'EST$OROUGH SQUARE` 20N,~' R --13 d PARS OF 1dND dl~ ldCdTBD IlP 787 .BIEk/4 Op SgC770X 30 Tit., B.tX. X3L. ADA GbUXTl: llldQO XG2 7~ SI.A18 ~ n ~ C 4W ~~ o~ ~~ ~o sag a13s`a= sooz$,•ex~ N89 ;31'3.5"W w 271.59' 737.97' N= ~•poo Z N 3 N 1~ ~ C 3.17 Ac# N89 :30 U4"W r~ ~az.~7• 54e1 :~o eo ea v ``C -..-.~,r..,...~ ..:.__ Of-tl-06 01:62Frr from-giH pact{c Baru, ID g2T05 t00 9A2 8861 T-IBg p.OCe/pOg p-121 PARCEGbII$(]tIP'1'ION 7nty21,2005 Profacc WE9TBGltOt}CIASQI:wR6 (~.p) PmjeYt.lo.: 30363 A parcel o[ land inaalcd in fire ngtrE~eaat'1. of the twttlrcast!. ofSixtiam 30. Topes 4 i4~,11awEo t ~nsS•lioise Mdidien, wda Cottary,, tdaLo, rePereaciag WesthorcogFy Strbdivpio>a, taconied ar Psgc 9dB4,9885, end 9883, Book 87, lastrwmeut #103186448, mom pudedarly dsacrtltod u tbltotv>t: COMMSNC11vG at rho rtotrheast tamer of said Seedoa 30. rtyadced by a 3.5" 6mat•cag, caur>erzecoid rF101032835; Thmrce iticrth 69°51'35^ ts/eu eoiactdcAC wilt tLeaaatp llta; of said yroethrast'/. ofilro ttottlrsast Y. of Sectfop 30, a distaacr of 1009.58 Fxt ro dro Y0)riTOB D8C)4\'NIlVG; Thm><r Sotah 00°08'25" Wwt, 247.14 fort, Thence Sorr1L 22.47'49" Wa~,142,07lEet; 7'keae4 Sourh 00'29'S~G" wut, 99.73 tfearti Thence North 8990'04^ Wcut. 279.$a fuk to the cenrertlae olJeo1r80 Road; Thence Notdt 00°19'SG" liastcoincideot wins Nra aaud e~ltge.of 7erfe}re Read, 478.24 feat m the aonh lice ofsold Thrace Sourly 89°Sl'35" last ppiecident with they said aotrh lip el3acdott30, a ttitr®ee oI332.19 Tart oa the PO71~1' O1+BI;CIIWQIIYG; Tlm patvel'above described roum>cf 3.43 eerw teats ar las. Z'ogatherwidt and snbjeotm covm®tr, er~ats, end resaicniord of>c~rd Tte Imsis olbcr~gs fer the atwve desaatptloa Is ~Iotth 89°31'35" Wet b Oee 3.5^htasa eaP (coraar •ewrd #lO tOS2d5) tnsd®g the aortbeast aptf~ ofSeetlon 30 and the 3.S' bnw cap (earaar tt:cotd N89537]3) uwrkigg !Lr nartlt'/. eomcr of Section 30. b~ is ToMrosbip 4 Dkytb. Rgagr 1 ~aaf.•8oise MertdYn '~ . . (~ Oi-1175 01oS2oa Fror-MiH PaeHe Bo~i~. I~ t87~6 t0/ idi E888 T•1A8 P.OC5700! F-tt7 EXHIBIT .MAF Fpli WES1'BOROU'GH SQUARE Z02VE L--O A PARCEL OF t~{ND ALL LOCATF~ RV THE KEI/4 OF S~CfiOM ~0 7'4N, I!!~, B.Af., ADA CDOM}'i; fDAHo NOT 'AD SCAB 58a~1 JS'E atrxsnv avvu~ium 1r98"St 35'w J32/9' s• ao ~~ ~: Q N it ~jj ~. 3.45 Ae.f ~ ±~ ~ $ m~ mob' J'-w ~~ ®PACI~IC (~ NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. § 50-901sA) CITY OF MERIDIAN ORDINANCE NO.~ Q~-/`~b AMENDING ORDINANCE NO.OS-1186 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land located in the NE % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachments "A". These parcels contain a total of 29.17 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibits "B" and not based on an actual field surveys. A full text of this ordinance is available for inspection at City Hall, City of Me/r/i~dian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the TT ~ day of ~~~ , 2006. Mayor and City Council of e Cl of Meridian By: William G. Berg, Jr., City Clerk First Reading: 7 -'4f - O ~i Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~c 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.-9H-_ Q,~ -//$~ ~ 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 U , 2006. vV~/ L~ .~ William. L.M. Nary, City Attorney AMENDED ORDINANCE SUMMARY - AZ.OS-018 WESTBOROUGH SQUARE SUB Page i of i July 7, 2~6 MERIDIAN CITY COUNCIL MEETING July 11, 2006 APPLICANT ITEM NO. 2Z REQUEST Executive Session AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become properly of the City of Meridian. • • ~Uly ~, 2006 MERIDIAN CITY COUNCIL MEETING .lUly 1 1, 2006 APPLICANT ITEM NO. 23 REQUEST Agreement for Professional Services for New Meridian City Hall with LCA Architects AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. ` ~ f PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES BETWEEN CITY OF MERIDIAN AN IDAHO MUNICIPAL CORPORATION AND LCA ARCHITECTS, P.A. AN IDAHO PROFESSIONAL CORPORATION FOR THE NEW MERIDIAN CITY HALL DATED JULY 11, 2006 !+ TABLE OF CONTENTS Page 1. RELATIONSHIP OF THE PARTIES 1.1 RELATIONSHIP OF THE PARTIES. 1.2 AUTHORIZED REPRESENTATIVE. 1.3 ARCHITECT AS OWNER'S REPRESENTATIVE. 2. ARCHITECT 2.1 ARCHITECT' S REPRESENTATIONS. 2.2 COMMUNICATIONS. 2.3 MEETINGS WITH GOVERNMENTAL OFFICIALS. 2.4 PROJECT RECORDS. 2.5 VALUE ENGINEERING. 2.6 GOVERNMENTAL PERMITS. 2.7 COMPLIANCE WITH LAWS. 2.H INDEPENDENT CONTRACTOR. 2.9 CONSULTANTS. 2.10 INDEMNIFICATION 2.11 OUTSIDE COMPENSATION PROHIBITED. 3. OWNER 3.1 OWNER'S OBJECTIVES. 3.2 OWNER'S DUTIES. 3.3 OWNER'S CONSTRUCTION MANAGER. 3.4 CONTRACTOR. 4. SCOPE OF SERVICES 4.1 IN GENERAL. 4.2 DEVELOPMENT STRATEGIES PHASE. 4.3 PRELIMINARY DESIGN PHASE. 4.4 CONSTRUCTION DOCUMENTS PHASE. 4.5 BIDDING PHASE. 4.6 CONSTRUCTION PHASE. 5. SCHEDULE S.1 SCHEDULE OF PERFORMANCE. 5.2 DELAYS. 6. COMPENSATION 6.1 ARCHITECT' S FEE. 6.2 COMPENSATION FOR ADDITIONAL SERVICES. 6.3 REIMBURSABLE EXPENSES. 6.4 PAYMENTS. TABLE OF CONTENTS - I 1 1 2 2 2 2 3 3 3 3 4 4 4 4 5 5 5 S 6 7 7 7 7 7 g 9 10 10 12 12 12 13 13 13 13 13 7. CHANGES 8. CLAIMS. 8.1 CLAIMS. 8.2 MEDIATION. 9. SUSPENSION AND TERMINATION 9.1 SUSPENSION BY OWNER FOR CONVENIENCE. 9.2 TERMINATION BY OWNER FOR CONVENIENCE. 9.3 TERMINATION BY OWNER FOR CAUSE. 9.4 TERMINATION BY ARCHITECT. 10. GENERAL PROVISIONS 10.1 OWNERSHIP OF DESIGN AND WORK PRODUCT. 10.2 INSURANCE. 10.3 RECITALS AND EXHIBITS. 10.4 COUNTERPARTS; FACSIMILE TRANSMISSION. 10.5 ATTORNEYS' FEES. 10.6 GOVERNING LAW. 10.7 VENUE. 10.8 GRAMMATICAL USAGE. 10.9 BINDING EFFECT. 10.10 I IEADINGS. 10.11 ADDITIONAL ACTS. 10.12 TIME OF ESSENCE. 10.13 NOTICE. 10.14 RIGHTS AND REMEDIES CUMULATIVE. 10.15 THIRD-PARTY BENEFICIARIES. 10.16 INTEGRATION; WAIVERS. 10.17 SEVERABILITY. TABLE OF CONTENTS - II • 14 15 15 15 15 15 16 16 16 16 16 17 18 18 18 19 19 19 19 19 19 19 20 21 21 21 21 PROFESSIONAL SERVICES AGREEMENT (Architectural Services) THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is made effective the 11th day of July, 2006, by and between CITY OF MERIDIAN, an Idaho municipal corporation ("Owner"), and LCA ARCHITECTS, P.A., an Idaho professional corporation ("Architect"). RECITALS A. Owner is under contract to purchase that certain parcel of land located at 27 E. Broadway, Meridian, Idaho (the "Site"). B. Owner desires to develop a new city hall facility and related improvements on the Site (the "Project"). C. Architect has represented to Owner that it is has the skills, qualifications, and experience to provide professional architectural design and contract administration services for the Project on behalf of Owner. D. Owner desires to retain Architect, and Architect desires to be retained by Owner, for professional architectural services for the Project on Owner's behalf. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, Owner and Architect agree as follows: 1. RELATIONSHIP OF THE PARTIES 1.1 Relationship of the Parties. Architect acknowledges and accepts the relationship of trust and confidence established with Owner by this Agreement and that this relationship is a material consideration for Owner in entering into this Agreement. Accordingly, Architect shall, at all times, act in a manner consistent with this relationship. Architect further covenants that Architect will perform its services under this Agreement, in the exercise of ordinary and reasonable care and with the same degree of professional skill, diligence and judgment as is customary among architects of similar reputation performing work for projects of a size, scope and complexity similar to the Project. Architect shall, at all times, further the interest of Owner through efficient business administration and management. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 1 NEW MERIDIAN CITY HALL C:\DOCDb]HNN1S AND SI:TTINGSISSINQvIONS\LOCAL SETTINGS\THv>PORARY INTERNEE FTT.B$\OLK31\PSA MERIDIpx CITY HA[.L - FINAI..I10C 1.2 Authorized Representative. Owner and Architect shall designate a representative who shall be authorized to act on that parties' behalf with respect to the Project. Each parry's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the progress of the Project. Each party may rely upon the directions and decisions of such representatives as the directions and decisions of the other party. Neither Owner nor Architect shall change its authorized representative without five (5) days prior written notice to the other parry. 1.2.1 Owner's authorized representative shall be: To be determined by Owner. Upon Owner's selection of its authorized representative, Owner will provide Architect the name and contact information for such representative. 1.2.2 Architect's authorized representative shall be: Steve Simmons, President LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Mobile: 208-830-4122 Email: ssimmonsl@lcarch.com 1.3 Architect as Owner's Representative. Architect shall be a representative of Owner during the Project. Architect shall have authority to act on behalf of Owner only to the extent provided in this Agreement, unless otherwise set forth in writing. 2. ARCHITECT 2.1 Architect's Representations. Architect makes the following express representations and warranties to Owner, which shall survive the execution and delivery of this Agreement: 2.1.1 Architect is or will be professionally qualified to provide architectural services for the Project and is properly licensed to practice architecture by all public entities having jurisdiction over Architect and the Project; 2.1.2 Architect has, or will as part of its services under this Agreement, become familiar with and examined the Site, including, but not limited to, the existing terrain, structures, landscaping and the local conditions under which the Project is to be designed, constructed, and operated, and correlated its observations with the Project's requirements; PROFESSIONAL SERVICES AGREEMENT (ARCHIT'ECTURAL SERVICES) PAGE 2 NEW MERIDIAN CITY HALL C:U~CUNffi~TS AND SETTINGS\SSIbiMONS\LOCAL SETTINGS\1~ORARY INTERNEE FQ.ES\OLK'i 1\PSA MERmiAN C17'Y FIA[.L - FINAL.DOC • 2.1.3 Architect has the professional knowledge, skills, experience, education and staffing to design the Project and prepare construction documents for the Project. The individual employees of Architect that will render services pursuant to this Agreement are knowledgeable and experienced in the technical disciplines required for this Project; 2.1.4 Architect shall prepare all documents and provide all services required under this Agreement in such a manner that increases in Project costs resulting from Architect's errors or omissions do not exceed one percent (1%) of the total construction price of the Project; and 2.1.5 Architect assumes full responsibility to Owner for its own improper acts and/or omissions and those employed or retained by Architect in connection with the Project (excluding intentional acts), but not for acts and omissions expressly directed by Owner. 2.2 Communications. Architect shall endeavor to keep Owner fully informed regarding the progress of the Project so Owner can have meaningful review and involvement in the Project. Without limiting the generality of the foregoing sentence, Architect shall, as a matter of course, promptly provide Owner with copies of all designs, documents, meeting notes and memorandum and any other information related to the Project for Owner's review and input. Architect shall notify Owner of any decisions that are required to be made by Owner, and any deadlines pertaining thereto. Architect shall consult with and advise Owner with respect to any such decisions. 2.3 Meetings with Governmental Officials. Architect agrees to provide Owner with reasonable notice of all formal public and non-public meetings with government officials regarding the Project. Owner shall be entitled to attend any formal public or non-public meeting with governmental officials regarding the Project. Architect shall document all meetings with governmental officials related to the Project and any verbal or written interpretations related to the Project provided by any governmental officials. 2.4 Project Records. All records relating to the Project in Architect's possession (the "Project Records") shall be made available to Owner for inspection and copying at a reasonable time and place upon the written request of Owner. The Project Records shall include, but not be limited to, all plans, specifications, submittals, correspondence, minutes, memoranda, receipts, timesheets, electronic recordings and other writings or things that document any aspect of the design and construction of the Project. Architect shall maintain the Project Records for six (6) years after substantial completion of Project or for any longer period required by law. 2.5 Value Engineeruag. Architect will participate with Construction Manager to informally value engineer the Project to maximize costs savings to Owner through discounts, informal value engineering PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 3 NEW MERIDIAN CITY HALL C:\D000b>EN1S AND SEITAIGS\SSIhIMONSU.OCAL SEEEINGS\"R~RARY INTERNEE FILES\OLK31\PSA MERIDIAN CEI'Y HAIL - FINAI.DOC • and other actions consistent with good design and building practices for a project of the type contemplated by Owner. 2.6 Governmental Permits. Architect shall assist Owner and Construction Manager in preparing and filing all documents necessary to obtain the approvals of governmental authorities having jurisdiction over the Project, including, but not limited to, building and occupancy permits. 2.7 Compliance with Laws. Architect shall perform all of Architect's services in compliance with all applicable laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the Project, any applicable permits and any recorded covenants, conditions and restrictions affecting the Site. 2.8 Independent Contractor. Architect acknowledges that it is an independent contractor and not an employee or agent of Owner. As an independent contractor, Architect shall be and remain responsible to Owner for all its negligent acts or omissions in connection with its duties and services under this Agreement that result in damage or injury to persons or property. Architect shall indemnify and hold harmless Owner against all claims or liabilities that are asserted, incurred or recovered against Owner related to employer liabilities that arise from Architect's employment or retention of any person or entity. Owner shall have no control over the manner or method by which Architect meets Architect's obligations under this Agreement; provided that Architect's services shall be performed in a competent and efficient manner this is in compliance with this Agreement. Nothing in this Agreement shall be construed to mean that Owner employs or is responsible for compensating any consultant of Architect. 2.9 Consultants. Architect has engaged the following consultants to provide the indicated services pursuant to this Agreement: Landscape Architecture Hatchmueller PC 611 Sherman Avenue Coeur d' Alene, ID 83814 Telephone: (208) 676-8444 Facsimile: (208) 676-8555 Structural Engineering Stapley Engineering, Inc. 8701 West Hackamore Drive Boise, Idaho Telephone: Facsimile: 83709 (208) 375-8240 (208) 375-8257 PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 4 NEW MERIDIAN CTTY HALL C:~D000MENTS AND SEITINGS\SSEv1MONS\I.OCAL SETTINGS\7]~ORARY INTERNET 111 RQ\OLK3I~PSA MERIDIAN CerY HAL[. - F7NAL.])OC Mechanical Engineering Electrical Engineering • Engineering Incorporated 2222 Broadway Avenue Boise, Idaho 83706 Telephone: (208) 343-3663 Facsimile: (208) 343-9625 Eidam and Associates 815 Park Boulevard, Suite 230 Boise, Idaho 83712-7739. Telephone: (208) 345-7127 Facsimile: (208) 345-7173 Prior to retaining or engaging any additional consultants to provide services pursuant to this Agreement, Architect shall submit for Owner's approval a written statement listing (1) a description of the services to be provided by said consultant (2) a brief description of said consultant's qualifications to render the identified services, and (3) a disclosure of any ownership, controlling interest or affiliation between Architect and said consultant. Owner shall bear no responsibility for reimbursing Architect for services of any consultant retained or engaged by Architect unless Architect first complies with this Section. 2.10 Indemnification To the fullest extent permitted by law, Architect shall indemnify and hold harmless Owner and its officers, directors, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of Architect's duties and responsibilities under this Agreement, but only to the extent caused by the negligent acts or omissions of Architect, its employees, agents or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 2.11 Outside Compensation Prohibited. Except with Owner's knowledge and consent, Architect shall not engage in any activity or accept any employment, interest or contribution that would reasonably appear to compromise Architect's professional judgment with respect to the Project or the relationship of trust between Owner and Architect established herein; provided, however, nothing in this Section shall be deemed to limit Architect's ability to provide services for an competitor of Owner. 3. OWNER 3.1 Owner's Objectives. Owner's objective for the Project is to develop a new city hall facility and public plaza on the Site. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 5 NEW MERIDIAN CITY HAIL C:\D000HffiJTS Atm SETTIN(}S\SSAIIvIONSU.OCAL 3ETTINO$\1~bIPORARY INTERNET FE.P.$\OLK31\PSA MERIDIAN CITY FIALL - F[NNAI..DOC • 3.2 Owner's Duties. 3.2.1 Owner shall, at its expense, furnish Architect with documents in its possession concerning the Site, which documents shall include a legal description, environmental risk assessment, site survey, and preliminary title report. 3.2.2 Owner shall provide Architect with Owner's preliminary planning and prograrrlming information regarding Owner's requirements for the Project, including, but, not limited to, Owner's purposes, concepts, desires and any design, construction, scheduling, budgetary or operational needs, restrictions or requirements, as the same may be amended from time to time ("Owner's Criteria"). Architect shall be entitled to rely upon such information only to the extent that a reasonably prudent Architect would so rely on such information. 3.2.3 When reasonably requested by Architect, Owner shall furnish, at Owner's expense, the services of professional consultants such as land surveyors, geotechnical engineers, and hazardous materials consultants. Owner shall furnish structural, mechanical, chemical, geotechnical and other laboratory or on-site tests, inspections and reports as set forth in the Construction Documents and as required by law. 3.2.4 Owner shall timely review documents provided by or through Architect; 3.2.5 Owner shall timely render its direction, decision, consent or approval on matters identified by Architect for Owner's direction, decision, consent or approval; 3.2.6 Owner shall provide for all required testing or inspections of the Work as may be mandated by law, the Construction Documents or the Construction Contracts; 3.2.7 If Owner learns of any failure to comply with the Construction Contract by Contractor, or of any errors, omissions, or inconsistencies in the services of Architect, and in the further event that Architect does not have notice of the same, Owner shall inform Architect; 3.2.8 Owner shall afford Architect access to the Site and to the Work as may be reasonably necessary for Architect to properly perform its services under this Agreement; 3.2.9 Owner's review, direction, decision, approval or consent of any document provided or matter identified by or through Architect shall be solely for the purpose of determining whether such document or matter is generally consistent with Owner's Criteria. No review of such documents shall relieve Architect of its responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its services or work product. 3.2.10 Architect shall be entitled to rely upon services and information provided by or through Owner only to the extent that a reasonably prudent Architect would so rely on such services and information. Architect shall promptly notify Owner in writing if PROFESSIONAL SERVICES AGREEMENT (ARCHTI'ECTURAL SERVICES) PAGE 6 NEW MERIDIAN CTI'Y HALL C:\D000MENTS AND SETTINGS\SSA~fONSV.oCAL SETTINGS\TEIvffGRARY INTERNET FII.ES\OLK31\PSA MERmL1N CITY HALL. - FINAI..DOC • Architect becomes aware of any errors, omissions or inconsistencies in such services or information. 3.3 Owner's Construction Manager. Owner plans to retain a construction manager ("Construction Manager") to provide construction management services for the Project. Upon Owner's selection of Construction Manager, Owner will provide Architect the name and contact information for Construction Manager's authorized representative. Architect hereby acknowledges that it has received, reviewed, and studied the agreement form that Owner intends to use with Construction Manager (the "CM Agreement"), and the same is herein incorporated by reference. Architect shall consult and coordinate with Construction Manager as needed to fulfill its duties hereunder, and shall assist Construction Manager as need for Construction Manager to fulfill its duties to Owner under the CM Agreement. 3.4 Contractor. Architect understands that Owner plans to retain multiple prime contractors (the "Contractors") to provide construction labor, services, materials and equipment for the Project (the "Work"). The term "Contractor" means all prime contractors retained by Owner to perform Work, but not the prime contractor's subcontractors, laborers and material suppliers. 4. SCOPE OF SERVICES 4.1 In General. Owner has retained Architect to help it achieve the objectives set forth in Section 3.1 above by providing design and construction administration services for the Project on behalf of Owner. Therefore, the general scope of Architect's responsibilities is to do all things, or, when appropriate, require Construction Manager and each Contractor to do all things necessary, appropriate or convenient to achieve the end result desired by Owner, including, but not limited to, those tasks set forth in this Article 4. Architect's services shall include all (i) architectural design services, (ii) civil, structural, mechanical, electrical and other engineering services not identified as the responsibility of Owner herein, (iii) landscape design services (including plaza and water feature design), (iv) interior and furnishings design, and (v) phone and data consulting services that are normally and customarily provided to complete a project of the scope, quality and nature of the Project and required to obtain the approval of governmental authorities having jurisdiction over the Project. The tasks set forth in this Article 4 are not intended to be an exhaustive list of the tasks required to achieve the result desired by Owner. The general scope of Architect's responsibilities and shall include all other tasks indicated or implied in this Agreement and the implementing plans contemplated herein. 4.2 Development Strategies Phase. Architect shall carefully examine Owner's Criteria and consult with Owner and Construction Manager in detail about the same in detail. Based on its review and consultations, and with the assistance of Construction Manager, Architect shall prepare and submit to Owner a written report detailing its understanding of Owner's Criteria and identifying any design, PROFESSIONAL SERVICES AGREEMENT (ARCHTI'ECTURAL SERVICES) PAGE 7 NEW MERIDIAN CTI'Y HALL C:ID000A~M[S AND SEl'1'AIGS\SSIMMONS\LOCAL 3E[1'ING$\TEMPGRARY ~NEI' FRFC\OLK311PSA MERmIAN CITY HALL - FINAL.~C • construction, scheduling, budgetary, operational or other problems or recommendations that may result from Owner's Criteria. The written report shall also include proposed solutions addressing each problem identified, alternative strategies for the cost effective design and construction of the Project, and alternative strategies for the cost effective future expansion of the Project. Architect shall assist Construction Manager in developing the preliminary project schedule required pursuant to Section 4.2 of the CM Agreement. 4.3 Preliminary Design Phase. 4.3.1 After reviewing Architect's written report and Construction Manager's written report with Owner and Construction Manager, and reaching agreement upon proposed alternatives and solutions, Architect shall, within the time frames set forth in the preliminary project schedule developed pursuant to Section 4.2 of the CM Agreement and in cooperation with Construction Manager's efforts, prepare and submit to Owner a preliminary design for the Project (the "Preliminary Designn"), which shall be consistent with Owner's Criteria and shall include: (a) A site plan that depicts each of the basic aspects of the site development for the Project including, but not necessarily limited to, the size, location, and dimensions of each structure; (b) Elevations that depict each exterior view of each structure; (c) Floor plans that depict each room within the Project and the dimensions thereof; (d) Preliminary specifications, together with preliminary plans of architectural, electrical, mechanical, structural, engineering, and, if relevant, other systems to be incorporated in the Project; (e) A written description of the equipment and materials to be specified for the Project and the location of same; and (f) Any other documents or things necessary or appropriate to describe and depict the Project and illustrate the conformity of the same with Owner's Criteria. 4.3.2 Owner shall timely review and approve or disapprove the Preliminary Design. If Owner disapproves the Preliminary Design, Owner shall set forth the reasons therefor in writing. Architect shall then revise the Preliminary Design as required by the reasons for disapproval and resubmit the revised Preliminary Design to Owner for approval, which approval shall not be unreasonably withheld or delayed. This process shall repeat until Owner approves the Preliminary Design. 4.3.3 Architect shall assist Construction Manager in the preparation of the documents required under Section 4.4.1 of CM Agreement. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 8 NEW MERIDIAN CITY HAIL C:\DOCIJhffiJTS AND SETTINGS\SSAIbIONSU.OCAL SETTINGS\TEIv>POAARY INTERNET FII.ES\OLK31\PSA MERIDIAN CITY HALL - F1NAL.DOC 4.3.4 If the Preliminary Price Estimate developed pursuant to Section 4.4.1(f) of the CM Agreement exceeds the Project Budget developed pursuant to Section 4.4.1(c) of the CM Agreement, Owner may require Architect, at no cost to Owner, to (i) consult with Owner and Construction Manager to identify cost saving measures and (ii) revise the Preliminary Design to reflect approved cost savings measures, as necessary to bring the Final Cost Estimate below the Maximum Price. Absent clear and convincing evidence of gross negligence, and provided Architect completes its obligations under this Section, Architect shall not be financially responsible to Owner for the failure of the Preliminary Cost Estimate to be within the Project Budget. 4.3.5 Prior to directing Architect to proceed with Construction Documents, Owner may establish and communicate the maximum price Owner desires to pay for the construction of the Project (the "Maximum Price"). 4.4 Construction Documents Phase. 4.4.1 Upon Owner's approval of the Preliminary Design and authorization to proceed with Construction Documents, Architect shall, within the time frames set forth in the Project Schedule, prepare and submit to Owner construction documents for the Project (the "Construction Documents"). The Construction Documents shall be consistent with the Preliminary Design (as modified) and the Maximum Price. The Construction Documents shall include, but not necessarily be limited to, plans and specifications that describe with specificity all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Construction Documents shall be accurate, complete, coordinated and in all respects adequate for the bidding and construction of the Project on affixed-price, multi-prime contractor basis. The Construction Documents shall also comply with all applicable law, codes, regulations and orders of governmental authorities having jurisdiction over the Project. All products, equipment and materials specified shall be readily available in the area unless otherwise directed by Owner in writing. 4.4.2 To the extent deemed necessary or appropriate by Architect, Owner shall retain an experienced, qualified geotechnical engineer at Owner's expense to evaluate the geotechnical considerations relating to the Site and Project. Architect shall design and engineer the Project in accordance with the analyses and recommendations of the geotechnical engineer. 4.4.3 Owner shall review and approve or disapprove the Construction Documents. If Owner disapproves the Construction Documents, Owner shall set forth the reasons therefor in writing. Architect shall then revise the Construction Documents as required by the reasons for disapproval and resubmit the revised Construction Documents to Owner for approval, which approval shall not be unreasonably withheld or delayed. This process shall repeat until Owner approves the Construction Documents. 4.4.4 If the Final Cost Estimate exceeds the Maximum Price, Owner may require Architect, at no cost to Owner, to (i) consult with Owner and Construction Manager to identify cost saving measures and (ii) revise the Construction Documents to reflect approved cost savings measures, as necessary to bring the Final Cost Estimate below the Maximum Price. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 9 NEW MERIDIAN CITY HALL C:\DOC[JNffiNTS AND SETfINGS~SSIhIMONS\LOCAL SETTINGS\T~MeGRARY INTERp]ET FR.FC\OLK31\PSA McRIDIgN CITY HALL - FINAL.DOC ~ ~ Absent clear and convincing evidence of gross negligence, and provided Architect completes its obligations under this Section, Architect shall not be fmancially responsible to Owner for the failure of the Final Cost Estimate to be within the Maximum Price. 4.5 Bidding Phase. 4.5.1 Architect, following Owner's approval of the Construction Documents, shall assist Owner and Construction Manager in preparing bid packages and reviewing bids for construction. 4.5.2 If the combined lowest bids from qualified bidders exceeds the Maximum Price, Owner may require Architect, at no cost to Owner and as necessary to bring bids for the Project below the Maximum Price (i) to consult with Owner and Construction Manager to identify cost saving measures, (ii) to revise the Construction Documents to reflect approved cost savings measures, and (iii) to assist Owner and Construction Manager in rebidding the Work. Absent clear and convincing evidence of gross negligence, and provided Architect completes its obligations under this Section, Architect shall not be fmancially responsible for the failure of the Project to bid within the Maximum Price. 4.6 Construction Phase. During construction of the Project, from commencement of construction activities until final payment to all Contractors, Architect shall have and perform the following duties, obligations, and responsibilities: 4.6.1 Architect shall have and perform those duties, obligations and responsibilities set forth in the construction agreements between Owner and each Contractor (the "Construction Contracts"). Architect hereby acknowledges that it has received, reviewed, and studied a form that Owner intends to use for the Construction Contracts, and the same is herein incorporated by reference. Architect acknowledges that Owner may modify the Construction Contracts, and that such modified Construction Contracts shall be applicable to this Agreement; provided, however, to the extent such modified Construction Contracts are materially are inconsistent with the terms of this Agreement, this Agreement shall control as between Owner and Architect. 4.6.2 Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of Owner throughout construction of the Project. Any instructions, directions or other communications from Architect to any Contractor shall be given to Contractor through Construction Manager. Architect shall copy Construction Manager on any communications to Owner. 4.6.3 Upon receipt, Architect shall carefully review and examine the each Contractor's schedule of values ("Schedule of Values"), together with any supporting documentation or data that Owner, Architect or Construction Manager may require. The purpose of such review and examination shall be to protect Owner from an unbalanced Schedule of Values that allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 10 NEW MERIDIAN CTl'Y HALL C:\D000MEN'1'S AND SE1T]NGS~SSIhA40NSU.OCAL SETTINGS\T~MPORARY TN1IItNEC FIl.ES\OLK3 ]\PSA MERIDIAN CITYHAIL - FINAL.DOC ~ ~ be inadequate, and unless Owner directs Architect to the contrary in writing, the Schedule of Values shall be returned to Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, Architect shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to Contractor. Architect shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by Owner. 4.6.4 Architect shall promptly examine, study, approve or otherwise respond to each Contractor's shop drawings and other submittals. Architect's approval of such submittal shall constitute Architect's representation to Owner that such submittal is in general conformance with the Construction Documents. 4.6.5 Architect shall carefully observe the work of Contractor whenever, wherever, and as often as necessary, and shall, at a minimum, observe work at the Project site no less frequently than every two weeks. The purpose of such observations shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such observations, Architect shall help Owner identify, and attempt to protect Owner from, continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to Contractor. Following each observation, Architect shall submit a written report of such observation to Owner and Construction Manager together with any appropriate comments or recommendations. 4.6.6 Architect shall promptly notify Owner and Construction Manager of Work that is not in compliance with the Construction Documents, and timely recommend, in writing, the rejection of any Work that is not in compliance with the Construction Documents, unless otherwise directed by Owner in writing. 4.6.7 Architect shall require inspections and testing (and, if necessary, reinspections and retesting) of the Work where required by law or the Construction Documents. 4.6.8 Architect shall review periodic and final payment requests from Contractors predicated upon observations of the Work, as required in Section 4.6.5 above, and evaluations of Contractor's rate of progress in light of the Project Schedule. Architect shall issue payment approvals to Owner only if, and to the extent, Architect has observed the Work as pursuant to Section 4.6.5 above and that the Work for which payment is approved (i) reaches the quantities or percentages of completion shown, (ii) meets or exceeds the requirements of the Construction Documents, and (iii) Owner is obligated to pay the amount approved to such Contractor under the terms and conditions of the Construction Contract. 4.6.9 Architect shall promptly respond to requests for information and issues clarifications for any errors, omissions, conflicts or inconsistencies in the Contract Documents. 4.6.10 Architect shall promptly examine requests for change orders and advise Owner and Construction Manager regarding such requests. Upon Owner's request, PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 11 NEW MERIDIAN CTI'Y HALL C:\D000Nff±N'1'S AAID SEITINGS\SSMII~fONS\I.OCAL SETTINGS\1ENSOxnRY INIERNEI' FR RC\OLK31\PSA MERmIAN CITY HA[d. - I7NAI..DOC ~ ~ Architect shall draft Change Orders and supporting specifications, drawings, and other documentation in accordance with the Construction Contracts. 4.6.11 Based upon inspections of the Project, Architect shall certify in writing to Owner the fact that, and the date upon which, each Contractor achieves Substantial Completion of the Project and the date upon which Contractor has achieves Final Completion of the Project. 4.6.12 Architect shall review any as-built drawings furnished by Contractor and shall certify to Owner that such drawings are adequate and complete. 4.6.13 Architect shall assist Construction Manager in creating organized binders with all manuals, operating instructions, warranties, guarantees and other similar items required by the Construction Documents. Architect shall retain a set of such binders in its Project file. 4.6.14 Architect shall promptly correct any errors, omissions, inconsistencies or deficiencies in Architect's services or work product. 4.6.15 Architect shall promptly notify Owner of any claim filed by any Contractor and shall provide Owner with a timely written response to such claim. 4.6.16 Architect shall testify in any judicial proceeding concerning the design and construction of the Project, when requested in writing by Owner, and Architect shall make available to Owner any personnel or consultants employed or retained by Architect for the Project when necessary to review, study, analyze or investigate any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the Project. 5. SCHEDULE 5.1 Schedule of Performance. Architect shall commence the performance of its obligations under this Agreement upon Owner's notice to proceed and shall diligently and expeditiously continue its performance in accordance with the Project Schedule until all services hereunder have been fully completed. The time limits established by the Project Schedule are of the essence and shall not be exceeded by Architect without Owner's prior written consent or as permitted in Section 5.2 below. 5.2 Delays. If Architect is delayed at any time in progress of its services under this Agreement by an act or neglect of Owner, or an employee of Owner, or of a separate contractor employed by Owner, or by changes in its scope of work, unavoidable casualties, or other causes beyond Architect's reasonable control or by other causes which Owner determines may justify the delay, then the Project Schedule equitably adjusted for such reasonable time as Owner may determine to be appropriate for the extent of the delay. Architect's sole right and remedy against Owner shall be an extension of time unless such delay is caused by acts of Owner constituting active PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 12 NEW MERIDIAN CITY HALL C:\D000MENTS APID SE11'INGS\SSA~A40NSV.OCAL SE11'INGS\1T~ffORARY INC2RNE1' FQ.ES\OLK31\PSA MHtmIAN CriY HA1,L -1'IN.4I..DOC i interference with Architect's performance, and only to the extent such acts continue after Architect furnishes Owner with written notice of such interference. In the event of delay from active interference by Owner, Architect's sole right and remedy shall an equitable adjustment in its compensation pursuant to Article 7 below. 6. COMPENSATION 6.1 Architect's Fee. As full compensation for Architect's performance under this Agreement, Owner agrees to pay Architect a fee of Eight Hundred Fifty-four Thousand and No/100ths Dollars ($854,000.00) (the "Architect's Fee"). For purposes of progress payments, Architect's compensation shall be divided into the following phases: Development Strategies Phase Ten Percent (10%) Preliminary Design Phase Twenty Percent (20%) Construction Documents Phase Forty Percent (40%) Bidding Phase Five Percent (5%) Construction Phase Twenty-five Percent (25%) 6.2 Compensation for Additional Services. If the services of Architect are changed as described in Article 7 below, Architect's Fee shall be adjusted as Owner and Architect may agree, or in the absence of agreement, on an hourly basis in accordance with the hourly rates approved by Owner in advance. 6.3 Reimbursable Expenses. Reimbursable Expenses are in addition to Architect's Fee and shall include only the following expenditures incurred by Architect in the interest of the Project: 6.3.1 Expenses of reproductions, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of Architect and Architect's consultants; 6.3.2 Expenses of photographic reproduction techniques used in connection with providing Architect's services hereunder; 6.3.3 Other similar direct Project related expenditures approved by Owner in advance. 6.4 Payments. 6.4.1 As a condition precedent for any payment due under this Article 6, Architect shall submit to Owner a monthly application for payment no later than the tenth day of the calendar month for services properly rendered and expenses properly incurred during the preceding month. The services rendered during the previous month shall be PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 13 NEW MERIDIAN CTfY HALL C:\D000MEN'1'S AND SETTINGS\SSIIvA~IONS\IACAL SETTINGS\TP.b80RARY INTERNEY~ FILFS\OLK31\PSA MERIDIAN CI7Y HALL - FINAL.DOC • calculated as a percentage of each phase completed, with any services performed on an hourly basis separately itemized. Hourly services shall be described with reasonable particularity each service rendered, the date thereof, the time expended, and the persons rendering such service. The invoices shall be itemized and supported by data substantiating Architect's right to payment as Owner may require. Each invoice shall be signed by Architect, which signature shall constitute Architect's representation to Owner that (i) the services indicated in the invoice have reached the level stated and have been properly and timely performed, (ii) the expenses included in the invoice have been reasonably incurred in accordance with this Agreement or otherwise approved by Owner in writing, (iii) all obligations of Architect covered by prior invoices have been paid in full, and (iv) the amount requested is currently due and owing, there being no reason known to Architect that payment or any portion thereof should be withheld. Submission of Architect's invoice for final payment shall further constitute Architect's representation to Owner that, upon receipt by Owner of the amount invoiced, all obligations of Architect to others, including its consultants, incurred in connection with the Project, will be paid in full. During the construction phase, Architect shall present its statement of services to Owner concurrently with the approved Certificates for Payment, when possible. 6.4.2 Owner shall pay Architect sums properly invoiced within 30 days of Owner's receipt of such invoice. If payment is not made within thirty (30) days, the outstanding balance shall bear interest at the rate of .75% per month until paid. 7. CHANGES Changes in Architect's services (not involving a cardinal change to the scope of the services) may be accomplished after the execution of this Agreement upon Owner's request or if Architect's services are affected by any of the following: (a) A change in the instructions or approvals given by Owner that necessitate revisions to previous approvals; (b) Significant change to the Project, including, but not limited to size, quality, complexity, Owner's schedule, budget or procurement method; (c) Architect performs additional services because of active Owner interference pursuant to Section 5.2 above, or (d) Preparation for and attendance at a dispute resolution proceeding or a legal proceeding except where Architect is a party thereto. If any of the circumstances affect Architect's services, Architect shall be entitled to an equitable adjustment in the Schedule of Performance and/or Architect's Fee, as mutually agreed by Owner and Architect. Prior to providing any additional services, Architect shall notify Owner of the proposed change in services and receive Owner's approval for the change. Except for a change due to the fault of Architect, a change shall entitle Architect to an equitable adjustment in the Schedule of Performance and Architect's Fee as mutually agreed by Owner and Architect. In the event Owner and Architect are unable to agree upon the equitable adjustment to Architect's Fee, the services shall be performed on a "time and materials" basis in accordance with Architect's standard hourly rate schedule and standard reimbursable expenses, approved by Owner. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 14 NEW MERIDIAN CITY HALL C:\DOCUhffiN1S AND SETPINGS\SSIIv]MONS\I.OCAL SETTINGS\1EMI~ORARY INTERNET FR FC\OLK3I~PSA MERIDIAN CRY HAI.I. - F7NAL.DOC • i 8. CLAIMS. 8.1 Claims. In the event that any claim, dispute or other matter in question between Owner and Architect arising out of or related to this Agreement or the breach hereof (a "Claim"), Owner and Architect shall first endeavor to resolve the Claim through direct discussions. Claims must be initiated by written notice. The responsibility to substantiate Claims rests with the party making the Claim. Except as otherwise agreed in writing, Architect shall continue to diligently perform its obligations under this Agreement and Owner shall continue to make payments in accordance with this Agreement pending the final resolution of any Claim. Architect acknowledges that Owner's ability to evaluate a Claim depends in large part on Owner being able to timely review the circumstances of the Claim. Therefore, Architect agrees that it shall submit a Claim to Owner by written notice no later than twenty-one (21) calendar days after the event or the first appearance of the circumstances giving rise to the Claim, and that such written notice shall set forth in detail all facts and circumstances supporting the Claim. 8.2 Mediation. All Claims shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be filed in writing with the other party to this Agreement. The request may be made concurrently with the filing of a legal or equitable proceeding but, in such event, mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall endeavor to mutually agree on an independent, professional mediator within 15 days of the request for mediation. The parties shall endeavor to have the mediation completed within 60 days of the request for mediation. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Owner and Architect agree that all parties with an interest in a Claim being mediated may be included in the mediation, including, but not limited to, Construction Manager and Contractors. 9. SUSPENSION AND TERNIINATION 9.1 Suspension by Owner For Convenience. Owner may order Architect in writing to suspend, delay, or interrupt the performance of this Agreement, or any part thereof, for such period of time as Owner may determine to be appropriate for its convenience and not due to any act or omission of Architect. In that event, Architect shall immediately suspend, delay or interrupt the performance of this Agreement, or that portion of this Agreement, as ordered by Owner. On the resumption of Architect's services, Architect's Fee and Project Schedule shall be equitably adjusted for reasonable costs and delay resulting from any such suspension. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES PAGE 15 NEW MERIDIAN CITY HALL C:\D000n~M'S AAID SEITINGS\SSQvIMONS\LOCAL SETT¢QGS\1Eb8oxnttY WrERxE'f I~]I.2S\OLK3I~PSAMERIDtew CmtHnU.-F@1pt,DOc • 9.2 Termination by Owner for Convenience. Upon written notice to Architect, Owner may, without cause, terminate this Agreement. Architect shall follow Owner's instructions regarding shutdown and termination procedures, strive to mitigate all costs and stop the performance of its services. Upon such termination, Architect shall invoice Owner for all services actually performed and any reasonable costs or expenses incurred by Architect in connection with the termination (such as services necessary to shutdown performance), but not lost profits, unabsorbed overhead or lost opportunity). 9.3 Termination by Owner for Cause. If Architect fails to fully and faithfully perform its duties and responsibilities under this Agreement, Owner may give Architect written notice of such failure and Owner's intent to terminate Architect's services if Architect fails to commence and diligently continue satisfactory correction of such failure within ten (10) days. If Architect fails to commence and diligently continue satisfactory correction of the failure within such 10-day period, Owner may terminate Architect's services by written notice. Upon such termination, Architect shall not be entitled to receive further payment until the Project is finished. If the unpaid balance of Architect's Fee exceeds costs of finishing Architect's services and other damages incurred by Owner, such excess shall be paid to Architect. If such costs and damages exceed the unpaid balance, Architect shall pay the difference to Owner. 9.4 Termination by Architect. Upon fourteen (14) days' prior written notice to Owner, Architect may terminate this Agreement if (i) the progress of the Project has been suspended by Owner for convenience for a period of ninety (90) days through no fault of Architect; (ii) Owner fails to pay Architect in accordance with this Agreement and Architect has not defaulted; or (iii) Owner otherwise breaches this Agreement or fails to perform its duties and responsibilities under this Agreement and Owner has failed to cure the breach or failure to perform within thirty (30) days after Architect provides written of the breach or failure to perform to Owner. Upon such termination, Architect shall invoice Owner for all services actually performed and any reasonable costs or expenses incurred by Architect in connection with the termination (such as services necessary to shutdown performance), but not lost profits, unabsorbed overhead or lost opportunity). 10. GENERAL PROVISIONS 10.1 Ownership of Design and Work Product. 10.1.1 Architectural Design. Owner and Architect agree that Owner is developing, with the assistance of Architect, an architectural design theme for the Project (the "Architectural Design"). Architect acknowledges and agrees that Architectural Design is being developed for Owner and Owner shall be deemed to be Owner of all common law, statutory and other reserved rights thereto, subject to the provisions of Sections 10.1.3 and 10.1.4 below. 10.1.2 Work Product. Architect will document and implement Architectural Design into drawings, sketches, renderings, calculations, specifications and other PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 16 NEW MERIDIAN CITY HALL C:\D000n~rns nt~m Sa7TINGS~SS¢vmiONSU.oceu, SeTTtNGS\TEWIPORARY INTERNCT FR FC\OISt31\PSA MERIDraN Ctrr Hnu. -Fhvnt.noc • documents, including those in electronic form, prepared by Architect and Architect's consultants (the "Work Product"). Architect acknowledges and agrees that the Work Product is being developed for Owner and Owner shall be deemed Owner of all common law, statutory and other reserved rights thereto, subject to the provisions of Sections 10.1.3 and 10.1.4 below. Architect may reproduce and distribute the Work Product as necessary to perform its services on the Project. 10.1.3 Modification and Reuse by Owner. Owner understands that the Work Product is an expression of Architectural Design and instruments of Architect's services for the Project, not products. Owner understands and agrees that the Work Product has been prepared for this Project only and are not suitable for reuse on other projects without first being reviewed and/or modified by an appropriately credentialed design professional, who shall then take responsibility for the accuracy and completeness thereof. Owner shall have the right to transfer and reuse the Work Product; provided, however, in such event Owner agrees to indemnify Architect against claims arising from any reuse of, or alterations made to, the Work Product not authorized by Architect. 10.1.4 Modification and Reuse by Architect. Architect shall have the right to retain and make copies of the Work Product and to reuse any of the constituent parts of Architectural Design or Work Product on any other project, except for any unique or distinctive architectural components or effects, which taken independently or in combination, would produce a project with substantially similar or distinct features. 10.1.5 Architect's Consultants. Architect agrees that all consultants retained by Architect to provide any services on the Project shall expressly agree in writing to be bound by the terms of this Section 10.1 to the same extent as Architect. 10.2 Insurance. 10.2.1 Errors and Omissions Liability. Architect shall provide errors and omissions liability insurance on an aggregate limits "claims made" basis in an amount not less than Two Million Dollars ($2,000,000). Architect shall either (i) maintain the specified levels of aggregate limits "claims made" insurance for no less than three years after completion or termination of Architect's services under this Agreement, or (ii) provide tail coverage for claims, demands or actions reported within six (6) years after completion or termination of Architect's services under this Agreement for acts or omissions during the term of this Agreement. 10.2.2 General Commercial Liability. Architect shall maintain at all times commercial general liability insurance and excess liability coverage on occurrence form basis (standard, unmodified) with products and completed operations coverage in an amount not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate. 10.2.3 Worker's Compensation. Architect will maintain at all times such worker's compensation and employer's liability coverage insurance as required by the laws of the State in which the Project is located and any other state in which Architect or its PROFESSIONAL SERVICES AGREEMENT (ARCHTTEC°TURAL SERVICES) PAGE 17 NEW MERIDIAN CITY HALL C:~000n~N7'S arm Se1TwGS\SSmu~iota5\I.oc.4[. SeTTINGS\1~~,soxnxY IN1~xt~-r Frtes\OLK31\PSA Meamtw Cmt Ha[.L - Fuant.GOc employees perform services for Owner. The policy must be endorsed to include a waiver of subrogation. 10.2.4 Additional Insureds. Upon Owner's request, Architect shall have Owner and Owner's lender, if any, named as additional insureds under all of Architect's liability insurance policies (not including errors and omissions and workers' compensation insurance). 10.2.5 Certificates of Insurance. Architect shall provide certificates of insurance issued by the insurer to Owner for each policy required under this Section 10.1 and, if requested by Owner, copies of each insurance policy. Each certificate issued to Owner shall contain the following covenant of the issuer: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder." 10.2.6 Architect's Consultants. Architect shall require its consultants to maintain at all times insurance coverages consistent with the consultant's role on the Project and reasonably acceptable to Owner. 10.3 Recitals and Ezhibits. The recitals above and the exhibits referred to in this Agreement and attached hereto are incorporated into the agreement as if set out in full in the body of the Agreement. In the event of a conflict between any exhibit and the body of this Agreement, the Agreement shall control. 10.4 Counterparts; Facsimile Transmission. This agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this agreement via facsimile transmission shall be as effective as delivery of an original signed copy, provided that an original signed copy shall be delivered to the party entitled thereto within five (5) business days after such facsimile transmission. 10.5 Attorneys' Fees. In the event of any controversy, claim or action being filed or instituted between the parties to this agreement to enforce the terms and conditions of this agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who was awarded judgment as a result of trial and determined by a judge as the prevailing party. PROFESSIONAL SERVICES AGREEMENT (ARCHTI'ECTURAL SERVICES) PAGE 18 NEW MERIDIAN CITY HALL C:\D000IviL+NTS AND SEI1'INGS~SSN• IIv10NS\I.OCAL SETTINGS\T$IWPORARY INTERNET I'TLES\OLK31\PSA MERIDIAN CTIY HALL - FINAL.DOC 10.6 Governing Law. This agreement shall be governed by the laws, including conflicts of laws, in the State of Idaho as an agreement between residents of the State of Idaho and to be performed within the State of Idaho. 10.7 Venue. As a material part of the consideration for this agreement, each of the parties hereto agrees that in the event any legal proceeding shall be instituted between them, such legal proceeding shall be instituted in the courts of Ada County, State of Idaho, and each of the parties hereto agrees to submit to the jurisdiction of such courts. 10.8 Grammatical Usage. In construing this agreement, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, plural terms shall be substituted for singular and singular for plural in any place in which the context so requires, and the word "including" shall be construed as if the words "but not limited to" appear immediately thereafter. 10.9 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. Architect shall not assign its rights hereunder, nor shall it delegate any of its duties hereunder, without the written consent of Owner. Owner may assign this Agreement to any afFiliated entity or to any lender providing construction fmancing without Architect's prior written consent. Architect agrees to execute all consents reasonably required to facilitate such an assignment. If either party makes such an assignment, that party shall nevertheless remain legally responsible for all obligations under this Agreement, unless otherwise agreed by the other party. 10.10 Headings. The headings contained in this agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 10.11 Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by the parties, the parties hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts, deeds and assurances as any party hereto may reasonably require to consummate the transaction contemplated hereunder. 10.12 Time of Essence. All times provided for in this agreement, or in any other document executed hereunder, for the performance of any act will be strictly construed, time being of the essence. PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 19 NEW MERIDIAN CTfY HALL C:\D000h1EN1'S AND SI?TTINGS\SS]MMONS\LOCAL SETTINGS\1$vIPORARY INTERNET FILES\OI.K31\PSA MERIDIAN CITY Het.i. - FINAL.TXIC 10.13 Notice. All notice between the parties shall be deemed received when personally delivered or when deposited in the United States mail postage prepaid, registered or certified, with return receipt requested, or sent by telegram or mail-o-gram or by recognized courier delivery (e.g. Federal Express, Airborne, Burlington, etc.) addressed to the parties, as the case may be, at the address set forth below or at such other addresses as the parties may subsequently designate by written notice given in the manner provided in this Section: Owner: To be determined by Owner. Upon Owner's selection of its authorized representative, Owner will provide Architect the name and contact information for such representative. With a copy to: Office of the City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642-2300 Telephone: 208-888-4433 Facsimile: 208-884-8119 Email: bergw@meridiancity.org City Attorney's Office City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642-2300 Telephone: 208-898-5506 Facsimile: 208-884-8723 Email: bairdt@meridiancity.org Architect: Steve Simmons LCA Architects, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Mobile: 208-830-4122 Email: ssimmonsl@lcarch.com With a copy to: Russell Moorhead LCA Architects, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Mobile: 208-830-4166 Email: roorhead@lcarch.com PROFESSIONAL SERVICES AGREEMENT (ARCHTI'ECTURAL SERVICES PAGE 20 NEW MERIDIAN CTTY HALL C:\D000N)CNTS AND SEITINGS\SSINIMONS\LOCAL SETTINGS\TEfWPORARY INTERNET' FILFS\OLK31\PSA MERmIAN CITY HALL - FTNAI..IH1C 10.14 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any parry of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other parry. In the event of a default, the parties have all of the rights and remedies afforded in law or in equity, except as provided herein to the contrary. 10.15 Third-Party Beneficiaries. Nothing contained herein shall create any relationship (contractual or otherwise) with, or any rights in favor of, any third party. Architect's duties and responsibilities shall not relieve any other parry, including Construction Manger and Contractors, from their duty to fully and faithfully perform their contractual and other obligations to Owner. 10.16 Integration; Waivers. This is the entire agreement between the parties with respect to the matters covered herein and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing signed by both parties. Any waivers hereunder must be in writing. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. 10.17 Severability. If any term or provision of this agreement shall, to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforceable to the fullest extent permitted by law; and it is the intention of the parties hereto that if any provision of this agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision shall have the meaning which renders it valid. [end of text] PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 21 NEW MERIDIAN CTI'Y HALL C:\D000A~ffiJ7'S AND SETTINGS~SSIIvIMONS\LOCAL SE1TA'GS\1T:[WPORARY INTERNEE FD.ES\OLK31\PSA MERIDIAN CRY HAi.L - H7NNAL.DOC BY~ G`~G'C~G~ Tammy d eerd Mayor Date: ~-//~D6 The parties have executed this Agreement effective as of the date first set forth above. "Owner" CITY OF MERIDIAN, an Idaho municipal corporation ATTEST: ,~~-,rovled ~jvf Gd ~ ~ ~-`/.~~tJ~ illiam G. Berg, Jr. City Clerk Date: 7-`l~(~~ "Architect" A AR TECTS, P.A., an Idah professional corpora y; y-""' . President i Date: rl ~j ~ PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 22 NEW MERIDIAN CITY HALL C:ID000IVIENTS AND SETTINGS\SSIIvIMONS\LOCAL SETTINGS\TEHIPORARY INTERNET 1.71 FC\OLK31\PSA MERIDIAN Cf1'Y FIAI.I. - FINAL.DOC • STATE OF IDAHO ) ss County of Ada ) s On this _~(~ day of July, 2006, before me, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the MAYOR and CITY CLERK, respectively, of the CITY OF MERIDIAN, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) STATE OF IDAHO ) ss County of Ada ) ~h~~~~~ Notary Public for Idaho Residing at: L'n,~.CGj~. ~?~ Commission expires: ~Q-lS-- On this ~~ day of July, 2006, before me, a Notary Public, personally appeared STEVE SIMMONS, known or identified to me to be the PRESIDENT of LCA ARCHITECTS, P.A., an Idaho professional corporation, who executed the instrument or the person that executed the instrument of behalf of such corporation, and acknowledged to me that such corporation executed the same. ti• ~,~ .~ (SEAL) ~~.•',~v~ ••`'~..••••.59~~ a ;• ~~T AR Y •• ~ • ,,.~ 5~e G '. pUByt ~O •••~~~ ~9 T8 OF 1~!- • •• Notary Public fo Idaho Residing at: Commission expires ~ . '1 PROFESSIONAL SERVICES AGREEMENT (ARCHITECTURAL SERVICES) PAGE 23 NEW MERIDIAN CITY HALL C_\DOCUMENT'S ANI7 SETTINGS~SSiIuA~fONSU.oCAL SEffINGS\1$l1~ORARY INIERNEI' FII,ES\OLK31\PSA MERIDL4N C11'Y HpI,L - F7NpI,.D00