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HomeMy WebLinkAbout2006-06-27 ' ~ f t ~ ., CITY OF ~~~ ~ ~. ~~ , ~Y1G~1G"yI ~ ~; IDAHO ~~~ ~! fR ~ TRensvae V ~y ! ~ ~g03 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 27, 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 absent Mayor Tammy de Weerd 2. Pledge of Allegiance: ~t~/ ~cou~'Thvvp ?/~° ~ ~~~~ 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: ~,ra~s~1d 4. Adoption of the Agenda: ~r~r~v-c pct ~~,d.,roC. 5. Consent Agenda: A. Approve Minutes of April 3, 2006 City Council /ACRD Special Joint Meeting: ~j?,~wc.. B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keego Springs Subdivision by Todd Campbell - 5910 North Black Cat Road: ,,~+~„ C. Findings of Fact and Conclusions of Law for Approval: PP 05- 060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision by Todd Campbell - 5910 North Black Cat Road: Gor,s„ Meridian City Cou/n_~cil Meeting Agenda -June 27, 2006 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 020 Request for Annexation and Zoning of 4.65 acres from RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation - 1301 Locust Grove Road: ~%~,•~v.~c.. E. Findings of Fact and Conclusions of Law for Approval: VAR 06-011 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- 3E-4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat Citv Fireworks by Richard Handke - 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest comer of Ten Mile Road and W. Franklin Road: ~~pwc. F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for The Tree Farm by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: ~~~•~ ~ ® G. Findings of Fact and Conclusions of Law for Approval: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White- Leasure Development Company -1601 South Meridian Road a/>/rr,vrr~ a r ~ n,r~.cZc.~G H. Development Agreement: AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: u~r,~m~.. I. Development Agreement: AZ 05-006 Request for Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon Heights Subdivision No. 2 by Traditions by Amyx II, LLP -south of East McMillan Road and east of North Locust Grove Road:: ~-~ J. Resolution: ~~ -' .~~ ~ Establishing the Mayor's Anti-Drug Coalition and Adopting the By-Laws of the Mayor's Anti-Drug Coalition: a~+r~-+r'®~ 7 ' K. Contract for Medical /Biomedical District with AspireOn: L. Award of Bid /Approve Contract for the 2006 Trunk Sewer Pro'ect with Sommer Construction: ~~..,,,,~,~ ,¢f~~ ~go~8~'S. ~~. Meridian City Council Meeting Agenda -June 27, 2006 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. M. Contract for Power and Radio Installation at 6 PRV Sites with Lea Electric, LLC: ~~- N. Chan a Order No. 1 for the Pine Interce for Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc.: ~,~,,.ov~. /78, ~ ¢3 • Z S O. Water Main Easement Aareement for The Reserve Subdivision by Jake Centers: ~~,,,.c„ P. Water Main Easement Aareement for The Reserve Subdivision by Meridian Joint School District No. 2: ~~y~,,,,`, Q. Water Main Easement Aareement _for Paramount Elementary by Meridian School District: ~p~rrr•,rv~- R. Water Line Easement Aareement for Petra Office by Rosario Place, LLP: '~.~.. ? r S. Marketing Contract with Resource Center. Inc.: ~~"~he ~Ya{ri,~•a~7'or- 6. Department Reports: ~ °° /~a`i~:t " G~tJt.,~/7iat~• 7. Items Moved from Consent Agenda: 8. Reauest for Reconsideration for Comprehensive Plan Amendment, Annexation and Zonina• Preliminary Plat and Conditional Use Permit for Wells Street Subdivision by Conger Management Group: ~~~ - ``~®~{a~ 9. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed- Use Community by Conger Management Group - 675 and 715 South Wells Street: ~~v+~ 10. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: ~yr,.~,~,.G, 11. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: G%n~,,.,,~,.,c,- Meridian City Council Meeting Agenda -June 27, 2006 Page 3 of 6 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. 12. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: CUP 06-012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: c~~rv~•+~ 13. 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: ~~ ~ ~~ ,/~ ~m6 14. FP 06-026 Final Plat approval for 18 residential building lots, 1 existing lot and 2 common lots on 4.98 acres in an R-8 zone for Pisa Place Subdivision by Briggs Engineering, Inc. - 3893 South Locust Grove Road: ~~r~r~ 15. Continued Public Hearing from June 6, 2006: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C-G zone for Gateway Marketplace Subdivision by Landmark Development -southeast comer of Ustick Road and Eagle Road: ~,t f~v/~ ~, `'T " r/ /8 ?.8vd 16. Continued Public Hearing from June 6, 2006: VAI2 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development -southeast comer of Ustick Road and Eagle Road: j~~a,,,G ~!~ ~ cle ~,r. ~~,~,,,~,~- 17. Public Hearing: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: /~/'G/v eYtiG ~~~ yf ol..C ~v~ .vet, v..~. 18. Public Hearing: PP 06-014 Request of r Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-O zone for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 19. Public Hearing: CUP 06-011 Request to modify the previous Conditional Use Permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive through sites for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 20. Public Hearing: MI 06-001 Request for Miscellaneous application to modify the recorded Development Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No. 5 by Dave Evans Construction - northeast comer of Ustick Road and Meridian Road: /?'~ ~ Elie' s' Gl ~ {Zr- ~ je~vv~ Meridian City Council Meeting Agenda -June 27, 2006 Page 4 of 6 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. ~ ~ 21. Public Hearing: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 22. Public Hearing: AZ 06-018 Request for Annexatlon 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: ~y,G~,~.,,~, ,,GG, j.~ ~ ~ /~- ~,,. ~~~ 23. Public Hearing: 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: 24. Public Hearing: AZ 06-019 Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: ~~~,~ ~ ~~~ ~ ~~, 8 ~~ 25. Public Hearing: PP 06-018 Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Ro 26. Public Hearing: AZ 06-021 Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C-G General Commercial and R-15 Medium-High Density Residential zones for Kenai Subdivision by Kenai Partners, LLC -south of East Overland Road and west of South Eagle .Road: ~ ,G~,~ ~ Gl„! ,~,,.' a f~~.~ 27. Public Hearing: PP 06-019 Request for Preliminary Plat approval of 101 single-family residential and multi-family residential lots with 6 common lots in a R-15 zone and 32 commercial lots with 19 common lots in a C-G zone for Kenai Subdivision by Kenai Partners, LLC -south of East Overland Road and west of South Eagle Road: ~-e~a~ ~G/~'{ c~.t ~r •e~~j-NOVae.. 28. Ordinance No. _ c~~ °° ~~ ~ ~ AZ 06-020 Request for Annexation and Zoning of 4.65 acres fro m RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation - 1301 Locust Grove Road: ~ ~~,,,,` 29. Ordinance No. ~~ '"~~ AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Rida e Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: c~~.e~ Meridian City Council Meeting Agenda -June 27, 2006 Page 5 of 6 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. 30. Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: ~~- ~ 1(~So~ewl~ Meridian City Council Meeting Agenda -June 27, 2006 Page 6 of 6 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. ~~ ~Q S~ ~ ~' ~ta.lr~ l i c I~c~f1 Ge. = Th~r~ ! t f ~ ~ ~: ~-- ct~-v oR ,~~ ~ ~ ~ ~' ,"~ ~_%'~~t eYlG~1G~" ~ ~ fit, Y! , IDAHO ,I~ yPCe~FR ~ TAeu~uae V nuEY surc~.c 1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 27, 2006 at 7:00 p.m. 1. "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." Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird absent Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of April 3, 2006 City Council /ACRD Special Joint Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keeao Springs Subdivision by Todd Campbell - 5910 North Black Cat Road: C. Findings of Fact and Conclusions of Law for Approval: PP 05- 060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision by Todd Campbell - 5910 North Black Cat Road: Meridian City Council Meeting Agenda -June 27, 2006 Page 1 of 6 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. o D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 020 Request for Annexation and Zoning of 4.65 acres from RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation -1301 Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 06-011 Request fora Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- 3E-4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat City Fireworks by Richard Handke - 535 N. Eagle Road, 3301 W. Chevy Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest comer of Ten Mile Road and W. Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for The Tree Farm by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: G. Findings of Fact and Conclusions of Law for Approval: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White- Leasure Development Company - 1601 South Meridian Road H. Development Agreement: AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 427 Locust Grove Road: I. Development Agreement: AZ 05-006 Request for Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon Heights Subdivision No. 2 by Traditions by Amyx II, LLP -south of East McMillan Road and east of North Locust Grove Road:: J. Resolution: Establishing the Mayor's Anti-Drug Coalition and Adopting the By-Laws of the Mayor's Anti-Drug Coalition: K. Contract for Medical /Biomedical District with AspireOn: L. Award of Bid /Approve Contract for the 2006 Trunk Sewer Project with Sommer Construction: Meridian City Council Meeting Agenda -June 27, 2006 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • . M. Contract for Power and Radio Installation at 6 PRV Sites with Lea Electric, LLC: N. Change Order No. 1 for the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc.: O. Water Main Easement Agreement for The Reserve Subdivision by Jake Centers: P. Water Main Easement Agreement for The Reserve Subdivision by Mer~dlian Joint School District No 2: Q. Water Main Easement Agreement for Paramount Elementary by Meridian School District: R. Water Line Easement Agreement for Petra Office by Rosario Place, LLP: S. Marketing Contract with Resource Center Inc 6. Department Reports: 7. Items Moved from Consent Agenda: 8. Request for Reconsideration for Comprehensive Plan Amendment Annexation and Zoning, Preliminary Plat and Conditional Use Permit for Wells Street Subdivision by Conger Management Group: 9. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed- Use Community by Conger Management Group - 675 and 715 South Wells Street: 10. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: 11. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: Meridian City Council Meeting Agenda -June 27, 2006 Page 3 of 6 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. 12. Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: CUP 06-012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: 13. 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: 14. FP 06-026 Final Plat approval for 18 residential building lots, 1 existing lot and 2 common lots on 4.98 acres in an R-8 zone for Pisa Place Subdivision by Briggs Engineering, Inc. - 3893 South Locust Grove Road: 15. Continued Public Hearing from June 6, 2006: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C-G zone for Gateway Marketplace Subdivision by Landmark Development - southeast comer of Ustick Road and Eagle Road: 16. Continued Public Hearing from June 6, 2006: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gatewav Marketplace by Landmark Development -southeast comer of Ustick Road and Eagle Road: 17. Public Hearing: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 18. Public Hearing: PP 06-014 Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-O zone for Sundance Subdivision No. 5 by Dave Evans Construction -northeast co Ustick Road and Meridian Road: 19. Public Hearing: CUP 06-011 Request to modify the previous Conditional Use Permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive through sites for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 20. Public Hearing: MI 06-001 Request for Miscellaneous application to modify the recorded Development Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No. 5 by Dave Evans Construction - northeast comer of Ustick Road and Meridian Road: Meridian City Council Meeting Agenda -June 27, 2006 Page 4 of 6 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. 21. Public Hearing: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 22. Public Hearing: 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 Cheny Lane west of Black Cat Road: 23. Public Hearing: 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 Cherry Lane west of Black Cat Road: 24. Public Hearing: AZ 06-019 Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: 25. Public Hearing: PP 06-018 Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Ro 26. Public Hearing: AZ 06-021 Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C-G General Commercial and R-15 Medium-High Density Residential zones for Kenai Subdivision by Kenai Partners, LLC -south of East Overland Road and west of South Eagle Road: 27. Public Hearing: PP 06-019 Request for Preliminary Plat approval of 101 single-family residential and multi-family residential lots with 6 common lots in a R-15 zone and 32 commercial lots with 19 common lots in a C-G zone for Kenai Subdivision by Kenai Partners, LLC -south of East Overland Road and west of South Eagle Road: 28. Ordinance No. AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation - 1301 Locust Grove Road: 29. Ordinance No. AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Meridian City Council Meeting Agenda -June 27, 2006 Page 5 of 6 All materials presented at public meetings shall become prope-ty 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. ~ ! 30. Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: Meridian City Council Meeting Agenda -June 27, 2006 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 27 2006 The regular meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, June 27, 2006, by Shaun Wardle. Members Present: Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Will Berg, Anna Canning, Bill Musser, Jeff Lavey, Ron Anderson, Len Grady, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd Wardle: All right. I would like to apologize for our brief delay. Call to order the Tuesday, June 27th, Meridian City Council meeting and begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Item No. 2 is our pledge of allegiance. I'd like to invite Girl Scout Troop No. 714, Angela, Lindsay, Abby, and Natalie to lead us in the pledge, please. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: Wardle: And, ladies, I have a City of Meridian pin I'd like to present to you for helping us out. Thanks for being here tonight. Item No. 3 is our community invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle. Pastor Roberts. Roberts: Shall we pray. Most kind and gracious Heavenly Father, we pause tonight to invoke your presence upon this meeting. With grateful hearts we come to you again knowing that when we ask for wisdom and guidance that we can expect to receive it, so tonight we need that throughout every part of this meeting. We also want to, once again, thank you for your watch care over all of our lives. Thank you that we can live in such a wonderful country and a special thanks to all those that are fighting on foreign soil to protect our rights to live as we do in this wonderful country. So, we ask your continued blessing upon this meeting and we ask all these things in Jesus' mighty name, amen. Meridian City Council June 27, 2006 Page 2 of 71 Item 4: Adoption of the Agenda: Wardle: Thank you, Pastor Roberts. Item No. 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We do have some stuff on the Consent Agenda, a request to pull Items K and S to the regular agenda and make them 7-K and 7-S. And on the department reports, under item A, we'd like to add the police department, Chief Musser, and our resolution number on Item J in the Consent is 06-522. Our ordinances, Items 28 and 29, is 06-1239 and 06-1240. And I move with that that we approve the agenda as stated. Rountree: Second. Wardle: Thank you. Anna, we have a motion and a second. Discussion? Planning director. Canning: We had asked that Item 5-G be pulled off the agenda to 7-G. Bird: I'm sorry. I would include that in my deal, to pull Item G to -- do you need it to a date certain? Canning: No. To 7-G. Bird: Oh, 7-G. Okay. Canning: And, then, on Items 15 and 16 we are asking that you make a decision on number 16 before 15. I don't know if you want to change the agenda or just deal with that when you get to the public hearings. Bird: We can just deal with that when we get to it, Council -- Mr. President. Okay. With that I move that we approve the revised revised agenda. Borton: Second agrees? Rountree: Agree. Wardle: Second agrees. All in favor of approving the revised agenda. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council June 27, 2006 Page 3 of 71 A. Approve Minutes of April 3, 2006 City Council /ACHD Special Joint Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keego Springs Subdivision by Todd Campbell - 5910 North Black Cat Road: C. Findings of Fact and Conclusions of Law for Approval: PP 05- 060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Sarings Subdivision by Todd Campbell - 5910 North Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 020 Request for Annexation and Zoning of 4.65 acres from RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation -1301 Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 06-011 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- 3E-4C1 for fireworks sales, Christmas tree sales, and produce sales for Fat City Fireworks by Richard Handke - 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest corner of Ten Mile Road and W. Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for The Tree Farm by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: H. Development Agreement: AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: I. Development Agreement: AZ 05-006 Request for Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon Heights Subdivision No. 2 by Traditions by Amyx II, LLP -south of East McMillan Road and east of North Locust Grove Road:: Meridian City Council June 27, 2006 Page 4 of 71 • J. Resolution: Establishing the Mayor's Anti-Drug Coalition and Adopting the By-Laws of the Mayor's Anti-Drug Coalition: L. Award of Bid /Approve Contract for the 2006 Trunk Sewer Proiect with Sommer Construction: M. Contract for Power and Radio Installation at 6 PRV Sites with Lea Electric, LLC: N. Chance Order No. 1 for the Pine Interceptor Sewer /Ten Mile Sewer Proiect with Bodiford Construction, Inc.: O. Water Main Easement Aareement for The Reserve Subdivision by Jake Centers: P. Water Main Easement Aareement for The Reserve Subdivision by Meridian Joint School District No 2: Q. Water Main Easement Aareement for Paramount Elementary by Meridian School District: R. Water Line Easement Aareement for Petra Office by Rosario Place, LLP: Wardle: Consent Agenda. Item 5. Bird: Mr. President? Wardle: Mr. Bird. Bird: In the Consent Agenda it's been asked that Item G be moved to 7-G, Item K be moved to 7-K, and Item S be moved to 7-S. And with that I move we approve the rest of the Consent Agenda and for the Council President to sign and the Clerk to attest on all proper papers. Rountree: Second. Wardle: It's been moved and seconded to approve the revised Consent Agenda. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: Meridian City Council June 27, 2006 Page 5 of 71 1. Police Department -Chief Musser: De Weerd: Item No. 6 is Department Reports. Police Department. Chief Musser. Musser: Mr. President, Members of the Council, I'm before you this evening as we have had a number of issues with weeds recently here in town. One property in particular has received a number of complaints into the City Hall and the police department that lots located at 1088 East 2 1/2 Street in Meridian -- it's up on the board now -- the weeds are, obviously, in excess of the eight inches as noted in the ordinance that they are not to be above that. There is some concern of the people living in the area of potential hazards with the Fourth of July coming on and we do have service of notice to clean up and abate the problem that was served through the code enforcement back on 5110 of'06, along with numerous follow-ups, all the way through 6/14 of'06 when the file was routed through to our code enforcement supervisor for processing through to prosecution. Prosecution has been declined at this time, because of the age of our property owner. She is an elderly female and it does look like we are going to have to move forward and seek the Council's assistance in going ahead and initiating abatement through the city for the weed problem on this specific lot. There will probably be some additional ones coming forth also as this person does own a number of properties here in town. And with that I'm looking for direction from the Council to so direct city clerk to be able to move forward pursuant to Section 43 -- 4-3-7 for the city clerk to go ahead and be able to initiate the abatement. We do have quotes for doing that. We have three of them at this time, the lowest being 950 dollars. We have another one that came in at 1,150, and the highest was at 2,000 dollars to abate the weeds on this property. I would request that if the Council decides they are going to move forward on this, we look at not exceeding the 950 dollars on this. Apparently we have one other contract that we may be able to contact as well for a quote on it, but we at least have that amount right now, so we can do something with this property within this week. I would stand for any questions if you have any. Wardle: Thank you, Chief. I apologize for the late notice for adding this to the agenda. As I walked in the door for our Pre-Council meeting I received a brief note from the legal department just outlining the process that this has been through. It appears that our legal opinion is that we have followed our due process within city ordinance and if the Council so chooses to spend the funds to abate this, we are within our authority to do so and also to recoup those costs and maybe, Mr. Baird, if you would have anything specific you wanted to add about the city's ability to recoup costs for abatement? Baird: Mr. President, Members of the Council, the City Code Section 4-3-7 does allow us to -- after you have approved the work to be done, the amount can be levied as a special assessment against the property and we would do that as a matter of course if you direct that the work be done. Meridian City Council June 27, 2006 Page 6 of 71 • Wardle: And just to follow up, I will mention that there is a line item for code enforcement in the city budget for 1,000 dollars. The low bid that we have currently would leave 50 dollars left in that account. Rountree: Okay. Wardle: I think the chief is seeking our direction. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we instruct the city clerk to initiate the abatement of the weed problems on East 2nd 1/2 Street in an amount not to exceed 950 dollars and that the work is to be completed by the end of this week. Bird: Second. Wardle: It's been moved and seconded to direct staff to complete this action. Is that clear enough for you, chief? Musser: That's clear enough. Wardle: Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: G. Findings of Fact and Conclusions of Law for Approval: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gatewav by White- Leasure Development Company -1601 South Meridian Road Wardle: We have three items moved from the Consent Agenda. Item 7-G. Canning: President Wardle, Members of the Council, the applicant has asked for some clarification on the Findings for the Meridian Gateway. I just want it clarified that the 500 foot would be measured from the center line of Overland Road. I did check his submittal materials and he has consistently requested from the center line. So, staff is supportive of that clarification. Wardle: Okay. Meridian City Council June 27, 2006 Page 7 of 71 • Canning: I think it could be done as a handwritten note on the existing Findings if you would like. Wardle: Is there any question from the applicant? Okay. So, we would need a motion to approve Item G with the noted clarification of 500 feet from center line of Overland Road; correct? I would make that motion. Borton: Second. Wardle: It's been moved and seconded to approve Item 7-G as noted. Mr. Clerk, would you, please, call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. K. Contract for Medical /Biomedical District with AspireOn: Wardle: Item 7-K is a contract from medical/biomedical district with AspireOn. I had asked to -- and I will apologize, these were meant to be department report items for the Mayor's report, so I will begin this item. We have Cheryl Brown, who will answer any questions for us. Essentially, is to -- the city has been discussing the medical district at some length and has sought services to help staff and specifically the economic development staff solidify a strategy and a plan for that. You have those items in your packet. If you have any questions, I believe Cheryl is -- did I get everything? Brown: You did wonderful. Wardle: Thank you. Anything to add? Brown: The only thing that I'll add to this is as we get farther into looking at our medical district, we have a lot more developers, a lot more people wanting to get on board with this and it's just growing at a rapid pace. It's not just the 170 acres, that next project coming on line that I talked to you about earlier, it is other developments within our medical boundaries and so we are -- we are needing some help with driving our planning and coordination, focusing on our marketing and promotional materials. I have also had other developers interested in being a whole part of this and want to be involved in it. So, it's growing rather quickly and we just -- I need some help with this. Wardle: Thank you, Cheryl. And the funds of not to exceed 8,000 dollars are currently budgeted within your budget -- Brown: Yes. Wardle: -- on economic development activities; correct? Meridian City Council June 27, 2006 Page 8 of 71 • Brown: Yes, it is. The money is coming out of the Economic Development Fund. Wardle: Thank you. Borton: Mr. President? Wardle: Mr. Borton. Borton: Cheryl, is this Phil or whoever with AspireOn, is that who is going to be doing it? Brown: Yes. Borton: Under your direction or control? Brown: Yes. Borton: Who is -- okay. You're the lead? Brown: Yes. Borton: Okay. Wardle: Thank you, Cheryl. Brown: Thank you. Wardle: Council, any questions? With that I would entertain a motion to approve Item K. Or to move Item K to an additional discussion item potentially next week. Borton: Mr. President? Wardle: Mr. Borton. Borton: Cheryl, I guess I had another question for you. Brown: Okay. Borton: Is there anything about this particular project, any documents or materials, set forth yet? I mean is this really really really in the infant stage? Brown: No. No. I am talking to potential users within the boundaries of our medical district. I need -- no, this is going right now. This is an urgency. I would really hate to see it put off to next week. This is something we need to move on now, because I have -- I have companies wanting to come into -this area and getting all of our material that is going out across the country to these biomedical users for this area. Meridian City Council June 27, 2006 Page 9 of 71 Wardle: Mr. Rountree. Rountree: Mr. President, question for either you AspireOn to do this kind of work. I know they capacities in human resource type of activities, planning land use and -- Brown: Right now they have been donating -- Rountree: -- this sort of activity. LJ or Cheryl about the credentials of have worked for the city in other but I wasn't aware that they were Brown: They have been .donating a lot of their free time to me, pulling all this particularly and coordinating all of the players that are going to be involved in this area. They do -- I feel very comfortable with them working with me on this. We are also going to be working, bringing this to MDC, the developers, and other entities that are going to be involved in the medical district. Bird: Mr. President? Wardle: Mr. Bird. Bird: Cheryl, you say we got a medical 170 acres I think you said? Brown: That's one of the developments. Bird: That's one of the developments that's going to be medical. What if the market for the medical says no, they will go somewhere else? Brown: Well, it's going to be a true mixed use. It's going to be a true mixed use. It's going to have the support of residential, retail, and restaurant uses as well within that development. We have talked to a couple medical companies that are seriously looking at going into that property. Big users. Bird: Well, to me, a medical campus is something like a college campus where you have so many acres in nothing but medical, so -- Brown: This is going to be health sciences as well. It's not just going to be doctors offices, things like that, it's going to be a lot of research, bio-nano technologies, and a true health sciences area, with -- and I had told you before I am working with a higher learning education that is looking at -- within our medical district, which would be a true campus style. Bird: And, Cheryl, for my benefit and the public, what is AspireOn actually going to be doing? Meridian City Council June 27, 2006 Page 10 of 71 Brown: I can get you -- I don't know if you have this -- Bird: We have a little bit, but just for a stupid layman like me, just tell me what -- Brown: They are going to help me work on all of the marketing materials that need tc go out. With the medical district I cannot just hand out our City of Meridian brochure. I need to curtail this specifically for medical users. They are going to help me with the marketing, with the promoting of this area, coordinating all of the meetings with the developers within that area and the businesses. When I went through the medical packet we identified who the users are within the boundaries medically related, where they are, and what they are and meeting with them to see who can we bring to that area to help their business succeed and that's a lot of businesses that, me being one person, I'm not going to be able to attack that the way I would like to and I just need more bodies. Bird: Follow-up, please. Wardle: Mr. Bird. Bird: You know, you stated to Councilman Borton that you didn't want to wait a week, but what is the deadline for getting it done to -- I don't see that in this -- in this deal we have got here on our computer screen. Is there a time commitment of -- if they want to start this week, are they going to finish -- Brown: The week of the 10th we have a meeting with Planning and Zoning on designating some uses for that area, so we are starting with Planning and Zoning as far as the area. We are already moving forward with the marketing of it and going out and meeting with the companies, we are already doing that, and sending advertising out and the information out across the country. So, right now we are hitting every little area, but we are meeting with Planning and Zoning the week of the 10th. Bird: Okay. Wardle: Council, if I may --and, again, I apologize, as my agenda item, not having a full presentation to give you. If you might ask for a week, I will work directly with Cheryl to refine the scope for this specific deliverable, as well as a time line. I think that's important to talk about and I can bring this back to you next Wednesday for your reconsideration as a department report. Would that be acceptable? Borton: Mr. President? Wardle: Mr. Borton. Borton: I guess a question for you or for Cheryl. If that's the route we are going to go, I don't -- I don't have a problem with the idea of what's taken place and how you described the various mixed uses that can take place here and residential and medical Meridian City Council June 27, 2006 Page 11 of 71 and educational, I think it's an awesome thing to undertake. My -- I guess a concern that I would want addressed is that's a lot for a contract not to exceed 8,000 and do you anticipate this being a situation where we approve for 8,000 -- you know, you can get our feet wet and, then, he comes back, boy, to finish this it's just an extra 295,000 dollars. Brown: I don't. Borton: You know, you're already eight grand. Come on. Brown: Yeah. I really don't. And one thing to kind of put your mind at ease, this is not city funds, this is -- these are the funds that I raised myself with the developers, with the other businesses, I informed them what I was doing, how their money was being spent, so this is coming out of the Economic Development Fund and I don't see it going over the 8,000. Bird: Mr. President? Wardle: Mr. Bird. Bird: I have no problem passing on it now. I don't need to wait a week. And I would have the same concern that Joe has and even though this is private money that's been given, it has been put into the city coffers, so it is -- in my idea it's public money and we answer to the taxpayers. I have no problem, Ithink -- I think that it is very aggressive for 8,000 dollars and I hope he don't come back half done, which I don't think he would. So, I have no problem with going forward with it. Wardle: Is that a motion? Bird: Oh, I would move that we -- if you guys are ready, I would move that we approve the contract not to exceed 8,000 dollars with AspireOn to help with the economic development working with our subcontractor in economic development Cheryl Brown. Borton: Second. Wardle: Discussion? Mr. Rountree, did you have something additional? Rountree: I just had a question as this relates to the next item we are going to discuss, the resource center. There is a connection here -- Brown: There is. Rountree: -- it appears. So, in answer to Joe's question, it's 8,000, plus 15,000, so -- Wardle: Mr. Berg, will you, please, call roll. Meridian City Council • • June 27, 2006 Page 12 of 71 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. S. Marketing Contract with Resource Center Inc Brown: Are we moving right into it now? Wardle: Moving right into -- Brown: Okay. Okay. Go ahead. I'll let you kick this one off. Wardle: Thank you. Council, again, my agenda item, I have for your review from the economic development department and the Mayor's office a proposal from the resources center to essentially put together our marketing and branding for the city. Cheryl can share with us some specific electronic deliverables, which she is in dire need of and I think that we have heard requested a number of times. I will point out that the original proposal, which I have here, has deleted a portion of that which would have included airport advertising and signage and so you see a revised proposal. I have a concept plan which -- do you want to go through with Cheryl? Brown: Do you want me to? You took my copy. Wardle: Council might like to hear abrief -- a brief presentation on this Brown: Okay. What -- this is the -- I told you at my last -- my last time -- my last economic development report that I had been getting bids from ad agencies, marketing companies, on doing some branding and some advertising and putting some materials together for me. The one that came in with the best price and the best quality was The Resource Center. What I am asking is for the hard copy and the electronic material. What that is -- right now what I have is the packets I gave you at the last report that had the graphs, the maps, what the city's willing to do as far as city wide and the medical district. Now, this does not only mean this is for the medical district, this every department can use. It would be a very nice folder that all of the different city departments can use. When you open up the folder, then, you have your inserts. This is where I can take inserts for the medical district, I can put demographic information in here to send out. Police department can use this. Fire can use this. All of our city departments can use this. Right now the only city piece I have is the brochure that we did two years ago. We -- as I have been going out and meeting with site selection companies from across the country and I have been meeting with other cities as well -- I was at one yesterday where the surrounding Treasure Valley cities presented -- pitched their city to them. They all had the nice -- very nice pieces to hand out to these national companies that -- not just a little brochure to hand out to them or something that was copied off of our printer that I did and handed to them. It's time we step up the level and if we really want to compete with these cities that we are, then, we need to show Meridian in the best light and we need to come across as professional. And so this is a Meridian City Council June 27, 2006 Page 13 of 71 u professional piece that the whole city can use. The inserts can be curtailed to whatever they need to be. For me it would be for the medical district and other areas. We could do one for downtown, just do the inserts for downtown. We can use this throughout the city. Wardle: Thank you, Cheryl. One of the items that I will point out is this does -- as we have discussed in the past the need for the ability to electronically communicate quickly our message in attachment form or direction to website to relocating or current businesses. Brown: Correct. Wardle: The only question I have, Cheryl, it does mention hard copy. Have we predicted how many hard copies we will need and is that included? Brown: Yes. That's all -- yes, that's all in the packet. There is 2,500 hard copies. Now, electronically, 90 percent of the companies that we are dealing with go to the website first and I am sending out more information across the website. The hard copies would be mainly for when these companies come in from out of state for site visits and I sit down with them and hand them the piece on Meridian. Wardle: Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: And, Cheryl, the funding, again, is from the economic development funds within your budget? Brown: These funds -- I'm not sure how the Mayor was breaking this one out. Wardle: I don't have a specific report on that, Cheryl. Brown: Okay. Wardle: Certainly if that's a question we can get that. I don't believe this is -- certainly it's a urgency item, but could potentially wait until next week. Brown: It could. It could. Rountree: I'd like an answer to that question. Bird: I would, too. Wardle: Are there other answers that Cheryl can bring back? Meridian City Council June 27, 2006 Page 14 of 71 Borton: Mr. President? Wardle: Mr. Borton. Borton: Cheryl, has there been any discussion with the Chamber of Commerce to either share in the information or at least maybe in the expense on this? Brown: In the cost? We do share cost with the brochure that we currently use and I have talked to them at their Economic Development Council meeting and told them that I would like to bring this to them as well and get them on board with us. I would also like to get MDC on board with this as well. I have talked to developers and ~ I have commitments from two different developers that they would like to be a part of this as well and by -- by sharing money with a whole marketing plan, because they can use the piece, we are sending out one message on Meridian that everybody agrees on and one nice piece going out, instead of several different pieces going out that aren't telling the same story. Borton: Mr. President? Wardle: Mr. Borton. Borton: Cheryl, do you need a week, do you need 30 days to go to MDC, the chamber board, and make an official request for them to allocate some funds, so when we come back the figure might be lower, once we know what -- Brown: I can. I can. Or if you would like The Resource Center to come and give a PowerPoint presentation. They would be more than happy to do that as well. Borton: My question isn't really the validity of their work or its quality -- Brown: The money. Borton: -- there is other individuals -- it's no sense of doing duplicative efforts with the chamber, by way of example, and if they are willing to participate and fund it a little bit, because they are going to benefit. Brown: Right. Exactly. I would like to have everybody pitching in on this one, so that everybody is sending out the same material. Borton: Me, too. Wardle: Further comments? I would suggest -- and I guess I need a procedural question, Mr. Baird. We are going to remove this item from our agenda for approval. My question is we have some additional comments from the Council, I believe, that in Meridian City Council June 27, 2006 Page 15 of 71 L our agenda meeting we can find a definitive time to bring it back to the Council for consideration, but what sort of a motion do I need to remove it from this agenda? Baird: Mr. Council President, because this doesn't require any special notice, you don't need to continue it to a date certain, so you can just table it and bring it back at the appropriate time, with the instructions for what you expect to see at that time. Wardle: Thank you. I would entertain a motion to that effect. Rountree: So moved. Borton: Second. Wardle: It's been moved and seconded to table Item S. All in favor? MOTION CARRIED: ALL AYES. Wardle: Thank you, Cheryl. Brown: Thank you. Item 8: Reauest for Reconsideration for Comprehensive Plan Amendment Annexation and Zonina, Preliminary Plat and Conditional Use Permit for Wells Street Subdivision by Conger Management Group: Item 9: Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed- Use Community by Conger Management Group - 675 and 715 South Wells Street: Item 10: Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: Item 11: Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C26 Developments, LLC - 675 and 715 Wells Street: Item 12: Tabled Findings of Fact and Conclusions of Law for Denial from June 22, 2006: CUP 06-012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C2B Developments, LLC - 675 and 715 Wells Street: Meridian City Council June 27, 2006 Page 16 of 71 Wardle: Item 8 -- that concludes Item 7 moved from the Consent Agenda. Item No. 8 is request for reconsideration for Comprehensive Plan Amendment, annexation and zoning, preliminary plat, Conditional Use Permit, for Wells Street Subdivision by Conger Management Group. I'm going to begin this with a brief discussion from legal counsel. Mr. Baird, what is our specific process for being able to reconsider? Baird: Mr. Council President, Members of the Council, you do have a request to reconsider and the Council can make that consideration anytime before a final decision has been made on the matter. As you can see, you have the Findings on your agenda as Items 9, 10, and 11. If you choose to grant the request for reconsideration, those would be tabled until after a hearing would be held to reconsider the matter. If your answer to the request is no, then, you would move on to consider Items 9, 10, and 11 tonight. As far as the request for reconsideration is concerned, I would advise you not to entertain any specifics regarding the proposal. All that you're -- the only question you're answering tonight is do you want to set this for another hearing to reconsider based on the request from the applicant. According to the Robert's Rules of Order, only those who voted on the prevailing side of the motion can make a motion to reconsider. So, with that as background I will hand it back to you. Wardle: Thank you. And, for the record, the two members of the Council who voted in the affirmative on that motion to deny were myself and Councilman Rountree. Mr. Borton was in the negative and Mr. Bird abstained. Is that correct? Bird: I was -- Rountree: He was absent. Wardle: Absent. Sorry. Bird: I was here at the last one -- Wardle: And abstained from the -- okay. I will recognize that we have the official request for reconsideration from the applicant and ask if there are any further comments specific to the request for consideration? Beecham: Mr. President, Members of the Council, again, we would appreciate that opportunity to bring back some new information to you, specifically in light of some of the discussion we have heard tonight. Baird: Mr. Council President -- sorry to interrupt. Could we get the name and address for the record. Beecham: Excuse me. Scott Beecham, 405 South 8th Street in Boise. Again, we would appreciate the opportunity to come back to you with a number of pieces of information that we think are worth considering and need to be considered with regard Meridian City Council June 27, 2006 Page 17 of 71 to this application and specifically in light of some of the discussion tonight with the medical district and appropriate uses within that district. Again, we would appreciate the opportunity and we thank you. Wardle: Thank you. Council? Bird: Mr. President, let me make one statement, as I promised last week. I did -- I did not get a tape, but I did get the written copy of the minutes and I was able to read all the testimony from both public and staff and comments from Council. Wardle: Thank you. Borton: Mr. President? Wardle: Mr. Borton. Borton: I know I can't make a motion, being the loser up here, but I can comment, I believe. I'm allowed to comment. Baird: In the discretion of the chair. Borton: Let the record reflect that Councilman Rountree is laughing at -- Wardle: I will allow comments to be brief, Mr. Borton. Rountree: But you can't make a motion. Borton: But I can't make a motion. The request to reconsider for me, what I'm looking for, what, generally, is of interest to me is a situation where an applicant has additional information they can provide the Council, some new materials, new discussion, that couldn't have been or wasn't presented before. We have loosely used that standard before in allowing reconsideration. To the extent that this particular amendment request coincides with what we are now approving to be new marketing efforts for the region, I think it's an opportunity for us to hear what the applicant has to say and it's not making comment one way or another on the viability of anything -- of the project or reconsideration, but the fact that the Council can have an opportunity to keep its ears open and obtain this new information. The written request says a couple particular items, dated June 21st. It makes sense. But that position is probably no surprise. Wardle: Thank you, Mr. Borton. Bird: Mr. President? Wardle: Mr. Bird. Meridian City Council June 27, 2006 Page 18 of 71 • Bird: Even though I can't either make amotion -- cannot make the motion, if they have considerable changes and stuff, I -- I, for one, would be one councilman that would not mind hearing it. If they are coming back with the same plan and everything that they had -- that I read in the minutes of the 6th of June meeting, that would be a different situation for me. But if they do have some different recommendations and different ideas, I would be willing to give them the benefit of coming back and looking at it. Wardle: Additional comments? Rountree: Mr. President, my comment would be if there is such a significant change in this application that there is a request for a consideration, it probably ought to be moved back to Planning and Zoning at that point anyway and I'm not -- I'm not in favor of making a motion for reconsideration. I'll leave that to you. Wardle: Mr. Baird, if we have no motion to reconsider, do we -- Baird: Then, the matter would be considered moot and/or denied, so you would just clear that item from your agenda and proceed with the other items. Wardle: Hearing no motion, I will move to Item No. 9, Tabled Findings of Facts and Conclusions of Law for denial from June 22nd, CPA 05-002. I will open this up with -- this is not a Public Hearing. Rountree: No. Canning: No, sir. It's just Findings. I think you could make a motion on 9, 10, 11 and 12 altogether, if you would like. Wardle: Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we deny the Findings of Facts and Conclusions of Law as identified in Items 9, 10, 11, and 12. Wardle: I will second that motion. For clarification, that was to approve the Findings for -- Rountree: To approve the Findings for denial. Yes. Wardle: It's been moved and seconded to approve Findings for denial on Items 9, 10,11 and 12. Mr. Clerk, please call roll. Roll-Call: Bird, abstain; Rountree, yea; Wardle, yea; Borton, nay. Meridian City Council June 27, 2006 Page 19 of 71 MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN. Item 13: 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: Wardle: Item No. 13. Anna, do we have a consensus on Items 13 and 14 or do we take them separately? Canning: Take them separately, please, sir. Wardle: Okay. Item 13, FP 06-027, final plat for Ambercreek Subdivision No. 2. Canning: Mr. President, Members of the Council, this final plat is not ready for consideration. At this time we ask that you table it to the 11th of July, please. Or continue it. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we table Item 13 until the 11th of July. Bird: Second. Wardle: Moved and seconded to table Item 13 to the 11th of July. All in favor? MOTION CARRIED: ALL AYES. Item 14: FP 06-026 Final Plat approval for 18 residential building lots, 1 existing lot and 2 common lots on 4.98 acres in an R-8 zone for Pisa Place Subdivision by Briggs Engineering, Inc. - 3893 South Locust Grove Road: Wardle: Item 14, FP 06-026, final plat for Pisa Place Subdivision. Canning: Mr. President, Members of the Council, we do have a letter from the applicant stating that they are in agreement with the conditions of approval and staff is recommending approval of the final plat. Bird: Mr. President? Wardle: Mr. Bird. Meridian City Council • June 27, 2006 Page 20 of 71 • Bird: I move we approve FP 06-026, final flat approval for Pisa Place Subdivision. Rountree: Second. Wardle: Moved and seconded to approve Item 14. Mr. Berg, please call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Continued Public Hearing from June 6, 2006: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development -southeast corner of Ustick Road and Eagle Road: Wardle: Item 15 is -- I'm sorry, I will open Item 16, prior to opening Item 15. It's a continued Public Hearing from June 6, 2006, VAR 06-002, and I will begin with a quick apology from the Council's tabling of this motion until this date. I know we had a late meeting and so thank you for bearing with us. Glad to see you here tonight. Canning: And no baby in arms. Wardle: I will open with staff comments. Baird: Mr. President, before we proceed, I'd like to raise the question of whether it might be appropriate to actually open both public hearings at this time. Is there a preference from the planning director to that regard? Canning: Mr. President, Members of Council, you could. I really don't think you're going to hear any testimony on the preliminary plat tonight and we are recommending that you continue that Public Hearing, so -- Baird: Okay. Wardle: Thank you. All right. So, Item 16 only, Anna. Canning: So, Mr. Rountree, Item -- Rountree: I need to recuse myself. Canning: Okay. Thank you. Rountree: Now that we have got that resolved. Canning: Mr. President, Members of the Council, this is a reconsideration and a continued hearing of a reconsideration request. The original hearing was on April 18th. Meridian City Council • June 27, 2006 Page 21 of 71 • At that time Council did deny the variance request for access to Eagle Road. The property is located, again, at the southeast corner of Ustick and Eagle and it includes the variance and the preliminary plat. We will get to the preliminary plat discussion in a moment. The original proposal that was denied was one full access -- find the original one. One full access at the southern end of the property and one right-in, right-out only toward the center of the property. The applicant's revised proposal is two access points to Eagle Road in the same location as before. What they are proposing is a right-in, right-out only at those locations, with the right-out being temporary until the property to -- until the collector road that ACRD intend on building is connected to the half mile location and, then, that collector road is also constructed. There are a number of outstanding issues before City Council. I'm going to start with just some comments from ITD. Because ITD has already acted on the access permits for this property, they are not willing to give comments on the specific proposal. I did talk to ITD, because I wanted to get some more information on right-in only or right-in, right-out, and how those compared to other accesses and, basically, what it is is a typical intersection will have 32 potential conflict points they call it and those are areas where traffic is crossing in front of another area or where they are merging or changing lanes. Where there would be a median at a property -- and in this case there would be a median at this location -- you reduce that down to about four conflict points. So, the median does have a significant effect in reducing those conflict points. For aright-in only you would reduce that further to just having one type of conflict point and that would be where they were coming out of the lane into the turn area. So, the type of conflicts you would see would be a rear-end collision. So, ITD was able to at least provide some information on that. Unfortunately, that's all the staff analysis we have, because this isn't an active application before ITD at this point. Regarding ACHD recommendations and concerns, this proposal has at the applicant's request been pulled from the ACHD commission agenda. When they were considering the -- when they were asking Council for the reconsideration, they wanted to hold off ACHD's comments until they knew for sure whether or not they would be getting the access into the site. So, ACRD commission has not seen this proposal. You have acted on the -- well, this particular concern to the preliminary plat I can reiterate this again when Mr. Rountree returns, but it's important to note that ACHD hasn't commented on the plat. You did make a motion to approve the plat before at your previous Public Hearing. I would be concerned that -- I think I failed you in that respect. I didn't realize that ACHD hadn't done it yet. So, again, I will present this again for Mr. Rountree, but that was an error on my part. I would suggest that we wait until we have ACHD's comments before moving forward. So, therefore, all the comments coming from ACHD are just from ACRD staff at this point, not from the commission. Their primary concern -- or their recommendation, they have stated weak support for the right-in only at the center of the project. So this one. So, it would be this alternative. This is the right-in only. That site would seem to allow the full deceleration lanes, whereas we have some question about whether they are able to get the full deceleration lane at the south end of the property. And, again, as staff we are struggling with the fact that no one's provided an analysis of this alternative yet, because it's not an active application before ITD. ACHD has stated their opposition to any access onto Eagle Road in this area, as it diminishes the classification and function of the future north-south collector Allys Way, as I have pointed out earlier. If access Meridian City Council June 27, 2006 Page 22 of 71 points are allowed to Eagle Road, ACHD may change the road project to a lesser classification or not construct the project at all. So, there are significant concerns there. ACHD is still very concerned that the applicant has not committed to participate in the construction of Allys Way as a future collector roadway. I think there has been perhaps some verbal conceptual agreement, but they have not -- don't have any written agreement of any sort that this project will participate in the construction of Allys Way. The application has stated that given Council's decision tonight on the variance request, they may elect to construct the frontage road on their property, instead of contributing towards Allys Way, and this would clearly be inconsistent with ACHD's purchase and annexation of the collector roadway property. Finally, we go to planning staff recommendation and concerns. As planning staff -- again, without the benefit of having advice from a transportation agency on this, we are -- it does seem to us that the right-in only is a suitable compromise, especially for Eagle Road. If this were any other state highway, we would be asking that you stay with your denial, but Eagle Road, there does seem to be this perception that we have perhaps lost this battle and maybe this is a good compromise, these right-in onlys. It gets people into the site and, then, if we can get them out somewhere other than the state highway, that may be appropriate. There would be -- there would appear to be sufficient room for a full deceleration lane at the center of the project, as noted before. We do have questions at the south end, but perhaps further transportation analysis will answer those questions. Regarding the right-in, right-out, the right-out being temporary, staff has concerns about temporary access and it just doesn't seem appropriate in this instance. We sometimes were able to make temporary work, other times we are not. In this particular case, once those access points approved, it is unlikely that any of those retail tenants are going to want that access to go away and we think it will be very difficult to make that go away. The next question is how do we physically get those improvements done. Do we hold a bond, do we get a letter of credit, do we ask for cash. If -- depending on the timing, you know, if it happens a year from now perhaps we gathered enough money to accomplish that. If it happens ten years from now, certainly we will be -- have been way off on our estimates. And just with the rise of construction costs, we are concerned about those -- the funding for that. Also, staff kind of supports ACHD in questioning the need for the temporary right out or the nexus in trying to tie the temporary out to the collector road connection to the south. It just doesn't seem logical to us that the right-out is only necessary until the collector road connects to the south. It's just -- the right-out facilitates movement going north, not going south. So, we don't really see that tie in there, so we would just support the right-in only. Finally -- oh, no, not quite finally. I'll try to speed up. This property is still tied to the one to the east, the development agreements were linked, and, you know, maybe the right-in will be a solution over there. I am concerned that these two development agreements are linked, but the one over there we are having concerns with Bienville, they have indicated that they are not able to get public road access or cross-access from this developer at this time. So, it just kind of adds to the muddy waters, I suppose, on the west side. The reason we ask that the preliminary plat be pulled is because the -- depending on the answer tonight, the applicant may want to redraw and will raise that issue further when Mr. Rountree comes back. Let's see. I think that ends my discussion on the variance, so I will Meridian City Council June 27, 2006 Page 23 of 71 answer any questions that you may have. There still are some outstanding issues about the preliminary plat that I will bring up later. Wardle: Thank you, Anna. Questions for staff? Bird: I have none at this time. Wardle: Would the applicant, please, come forward. For the record, if you would, please, state your name and address. Thompson: Sure. Mr. President, Members of the Council, Tamara Thompson, Landmark Development Group, 1882 Taluka Way in Boise. Thank you for the opportunity to come back before you. Anna raised a lot of issues, which I will try to answer the majority of. Like she said, from our original proposal we had left turn movements and that was what was approved by ITD. We have taken those all off the table. What we are looking for is two right-ins, right-outs at the -- at the same location as previously and making the right-out function temporary. And let me explain our -- I don't know -- the issue with just having right-in only is that all existing traffic has to make its way to Ustick and what our traffic study shows is that funneling all the traffic -- all the traffic from the whole development up to Ustick to exit makes the intersection operate at a worse level of service and at a more unsafe level of service, because you're introducing all these left turn movements in in order to go right, rather than just the right turn movement here. The nexus as far as needing people to be able to get out and go north, as opposed to closing that down once people are able to come to the backage road and get out to Eagle Road, is basically, you're just splitting that traffic. Because right now the right-out people can -- don't have to get onto Ustick and, then, once that's closed down those right-out -- the people that want to go north do have to get to Ustick to go out, but the people that want to go south can make it a different way, so that they are not going through that intersection. Hopefully that makes sense. As far as on a mechanism, there is several different ways we can -- that we would propose to give the city some surety that those would be closed in the future, some sort of a cash bond, you know, a set aside letter from a bank, something like that, where it's actually cash set aside. My discussions with Anna were that, you know, security bonds actually have to be renewed each year and, you know, you have got surety companies in there, which make it harder to actually collect if you had to collect. Where, you know, some sort of cash set-aside or something like that would -- we would be willing to do something like that, so the city could be assured that they have that mechanism in place, that we wouldn't have the -- you know, access to that money until the city released it or something to that effect. Let's see. As far as the preliminary plat, I'll just touch on that briefly. It was my understanding that our preliminary plat was already approved, which I guess was in error. Baird: Mr. Chair, I'd like to advise that we will have a separate hearing on the preliminary plat, so only as it relates to the variance. Meridian City Council June 27, 2006 Page 24 of 71 • Thompson: Okay. Well, in my letter for consideration I did include the preliminary plat as the conditions related to the access and that's what I thought was going to be before you, but I guess it's the entire thing. It is true that we have been talking with ACHD about the backage road and, actually, Anna, could you put it to -- you know, the one that shows how the whole network is going to -- yeah. That one right there. About the backage road. In our preliminary plat conditions that were approved by you previously, we did have the condition in there that we had to contribute 50 percent of the roadway to that point right there, which we agreed to in the previous preliminary plat. So, I'm not sure where the confusion is that we haven't said that we would do that, in writing especially, because that is in writing in the conditions of the -- of the preliminary plat. We don't have ACRD commission approval yet, but in talking with ACHD, with Gary and others, they are recommending that we could put acondition -- just a global condition basically saying that attaching any conditions that come up in that hearing to our preliminary plat. So, hopefully, we can cover that. Let's see. I think I have answered all of the things Anna brought up. So, just in wrapping up, I -- we tried to come up with something that we thought was awin-win for both the property owner and for the city where -- where we do get some access, but once these backage road systems are fully operational and in place -- and fully operational I'm just talking about this connection here and with our development this road will go into this point and the traffic signal is already there. The main -- one of the main issues right now, I guess, is that we were given cross-access across this properly, but we don't control when that cross-access is actually going to happen, although, you know, the road may be in, but we may not be able -- because we don't have the right to go on their property and actually construct that, but from my discussions with them they are moving forward relatively quickly. So, we don't control that, but I have been given assurances that they are moving forward. Oh. The one other -- as far as this decel lane, we looked at that for the full access here, because we still had the same right-in movements for aright-in, right-out, as we did for a full movement and all the right of way is there for a full deceleration lane. ITD already has all that right of way. So, that's -- that's not an issue of having to come up with more right of way for that decel. So, in closing I'd just like to add that the proposed accesses will not be detrimental to public health, safety, and welfare and that we appreciate the opportunity to come back before you and answer any questions that you have. Bird: Mr. President? Wardle: Mr. Bird. Bird: Tamara, if we move favorably in this variance, do you or your owner have any problem -- one of the stipulations on the developer to the northwest corner was -- by ITD was to redo the intersection and where every corner is going to benefit from it, would you have any problem with participating in the cost of changing that, which would -- it's going to help your development as much it's going to help anybody else's on that corner. Would you, for instance, participate moneywise or -- and I don't know what the cost is. Meridian City Council • June 27, 2006 Page 25 of 71 • Thompson: Mr. President, Mr. Bird, I -- just so I understand, we are talking about the southwest corner? Bird: We are talking -- no, we are talking about the northwest corner. The developer on there, to get his right-in, right-out and stuff -- Thompson: Right. Bird: -- the ITD brought it upon him to change -- make two turn lanes, left-hand turn lanes, and that benefits everybody on that corner. Would you be willing to work with that -- work with that developer with the costs? Thompson: Our conditions for -- that -- because we did receive ITD approval for the access points on this southeast corner, the conditions are almost identical to what Mr. Moore has to do on the northwest corner. Bird: So, you are participating in that? Thompson: They can give us those conditions if we move forward and pull a permit. Bird: And you would be willing to -- Thompson: Most definitely. Bird: Okay. Thompson: Yeah. And at this point -- I know Mr. Seel is here and he will give you a little bit more if you'd like, but at this point my understanding is that they are only going south on the intersection 200 feet and with our permits, the conditions that ITD gave us is we would have to pull that the whole length of the property. So, it would go to the half -- I'm sorry, the quarter mile point, instead of just the 200 feet. Bird: But you are willing to participate -- Thompson: Most definitely. Bird: Thank you very much. Wardle: Council, additional questions for the applicant? Bird: Mr. President, Iwould -- while she's up here, I would make a statement that I don't think they are being outrageous asking for this. Since we have had these two corners come up, I have made numerous drives and counts down there of -- on and off on Chinden Boulevard and it seems like we have got one mile here that we are trying to exclude from what's been the practice through Eagle and Boise City and a lot of Meridian City Council • June 27, 2006 Page 26 of 71 Meridian. So, while the public is here -- or while -- unless something is testified to change my mind, I'm for this variance a hundred percent. Borton: Mr. President? Wardle: Mr. Borton. Borton: Tamara, real quick. I take it that -- or maybe I assume that your preference would be, in a perfect world, to have the right-in, right-out and not have to deal with the temporary right-in, right-out that would be converted to right-in only. Thompson: Definitely. I mean our preference would be as much access as we can get. And, yeah, not having to deal with any type of bonding situation or, you know, security situation in order to have to close that in the future and so that the -- you know, the tenants know what they are going to have and for how long, since that is kind of an unknown of how long is that going to be, is it going to be a year, two years, or ten years. You know, we don't really know what's going to happen to the south of us, but definitely that would be -- that would be preferable. Borton: Mr. President? Wardle: Mr. Borton. Borton: You had indicated that -- I think in that request for reconsideration there was some concern over the April 18th pre-Council discussion that we had about access issues on Eagle Road and I just wanted to give you the chance if there was anything you wanted to add to that or a comment on it. Thompson: To April 18th? Borton: Yeah. We had a meeting on April 18th and it was just noted in your letter that you wanted the opportunity to respond to what we had heard and I'm just giving you that chance. Thompson: Yeah. I appreciate that. Yeah. I mean we -- I wasn't at your pre-Council hearing and so when I -- I got all the tapes and listened to them, it was a little concerning that it seems that there was a lot of information that was given to you on half mile and quarter mile access points that we didn't have an opportunity to respond to that night that you guys had fresh in your mind. The only thing that Iwanted -- that I would like to add to that is that -- because I think we have given you a lot of different information, but our brokers have talked to different brokers in the Denver area where they actually did that and, first of all, it was kind of a global thing, it wasn't just done to a couple property owners, it was done to a whole corridor or a whole roadway. So, that's kind of a different issue. But, secondly, there were some businesses that had to close their doors, in talking with the brokers in Denver, because of the limited access and the convenience. The customers weren't there any longer. Thanks. Meridian City Council June 27, 2006 Page 27 of 71 • Wardle: Thank you. I have one person signed up for this application. Jonathan Seel. Please state your name and address for the record. Seel: Jonathan Seel, W.H. Moore Company, 1940 Bonito, Meridian. I was here in front of this rather smaller commission a couple weeks ago. I gave a little bit of the history on our project, as Councilman Bird has probably mentioned to you. Just very quickly, as you know, we own the project over here. So, obviously, this is somewhat self-serving, but we have agreed to improve Eagle Road both north and south of Ustick. On our side we will improve it the entire length of our project, including somewhat beyond it to a project called -- it's owned by Don Olsen. Down here we will improve approximately 200 feet of curb and gutter on both sides and I think there is just a couple of critical things that I'd like to bring up in this that I -- I guess I don't completely agree with ACRD, in all due respect, but at this intersection both ways there will be dual left-hand turn lanes. So, I don't completely accept the fact that if you had accesses on this project, that you're not going to be using this backage road. I think with the dual left here, with traffic coming down and entering this way, you will encourage a lot of people who maybe don't want to go down here to utilize this road. In addition, the backage of Bald Cyprus going around to what is Allys Way, I think, again, you're going to encourage this road. I will also mention that as of yesterday, because our plans have just been -- have been approved, although it's been a very lengthy process, the executive committee for ITD decided to change the speed limit on Eagle Road from 55 to 45 miles an hour. One of the reasons I bring that up is I know there is concern on about right-in, right-out traffic slowing down. Well, if you begin to slow this road down -- and I think it's a recognition by ITD that this is not a main thoroughfare any longer, I think this will enhance or improve the ability to do your right-in and right-outs at these intersections, have less potential for accidents. So, again, if anyone has any questions about that, Kevin Sublon from the city -- from ITD e-mailed me that today that they -- our plans reflect it at 45. So, I think the fact that you do have at least at minimum your right-in and certainly right- outs with your deceleration lanes, I think you're certainly going to mitigate or certainly eliminate a lot of safety concerns that I think that you would have through here. Also, with our plan and our tapers in our design over here, if there is -- I think it's potentially a win-win for the city if they do allow these access points. Obviously, it benefits us, I will be very candid about that. We are putting up a million three hundred thousand dollars in our project, we are going to fund this, we know this, we came in with our eyes wide open on this, we understand we are going to pay for this and if there is no access, we are going to carry the burden all. Obviously, as Councilman Bird said, if this comes true, they will help pay for that. We like that idea. But I think also what it will do is it will put your deceleration lanes in here, it will put your curb and gutter, and I think it will enhance the appearance and improvement of Eagle Road. You will take those deceleration lanes really down beyond their project, just as we have done on ours. So, I think it's an opportunity to improve Eagle Road and at the same time I think with reducing the speed limits, I think it eliminates some of the concern. It's not going to eliminate the accidents, but it's going to eliminate some of the concerns for you as far as giving access off of Eagle Road. So, again, I would encourage you to do it. I think the right-in, right-outs are a very fair compromise. I think with the deceleration lanes and Meridian City Council • June 27, 2006 Page 28 of 71 • the designs, which ITD has worked with us a great deal on and it's very comfortable with, I think if they are satisfied I would think that the city should be comfortable with that concept. So, I appreciate your time and unless you have any questions I will sit down. Wardle: Council, questions for Mr. Seel? Bird: I have none. Seel: Thank you. Wardle: Is there anyone else that would like to comment on this project? Does the applicant wish to respond? No? Okay. Council? Bird: Mr. President? Borton: Mr. President? Bird: Go ahead. Wardle: Mr. Borton. Borton: Anna, can you tell me what the -- I guess the most recent request -- what's the distance from center line of Ustick to these two points? Canning: The southern point is approximately at the quarter mile, so that's 1,325. The other one is less than half that distance. We will have to pull a plat to find that out, but -- Borton: Maybe I can ask that question of the applicant. The reason I asked is I saw the range of 780 to 930 or something like that. Thompson: Yeah. The original letter that we had from ITD back in October of '04 listed a range of between 700 and 900 and something. From center line our traffic study currently says that the first access point at that location there is roughly 850 feet back and, then, this point is at the quarter mile point and just to give you a reference, on the north side, the ones that Lowe's has and the ones that CentrePointe has is at 700 feet. So, we are further than that. Borton: Okay. Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: If we have no more public testimony, I would move that we close the Public Hearing for VAR 06-002. Meridian Ciry Council June 27, 2006 Page 29 of 71 Borton: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 16. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Wardle: Discussion? Mr. Bird. Bird: Before I make a motion or anything, I feel that in four miles there we are trying -- we are penalizing one mile by doing this and it's too bad that Anna and staff didn't get in on this at the start, but we go through three public entities and I don't think it's fair to punish the developers or in one mile. Now, if everything was like that, but I welcome anybody to go down Eagle Road and see the cuts and the full access, not just right-in and right-out, at least we have went to the right-in and right-out on this corner, so -- and I, for one, would pull the temporary on right-in and right-out, because I think right-in and right-out is very very safe. We are not giving them full access, so that's my statement. Wardle: Mr. Bird, my comments and thoughts on this application -- I heard a couple mitigating circumstances. One is the applicant has certainly expressed interest to continue to improve the roadway and to help improve transportation. I heard a number issues with regard to public streets, public access, a backage road, all things that in my mind make this different than the application that we heard earlier and moved to deny it. So, the one comment that I would have -- and I do agree to a certain extent, especially within the retail industry, that a temporary right-out would be less than -- it would be difficult to do in the future and I hate to set a future Council up for at least a perception of something that would be negative. I have heard from the staff, though. I would question the validity of the right-out on the northernmost entrance. Certainly would agree with the two entrances and aright-out on the southern most one, but just a little discussion on that, the northernmost entrance. Borton: Mr. President? Wardle: Mr. Borton. Borton: I agree with the sentiment of Councilman Bird and yourself. I think I got confused on what you were saying at the tail end there on the northern access point. Nonetheless, I do agree -- Wardle: I can clarify. Borton: Well, let me just stop. Can you clarify what you meant as far as -- do you have a problem on the northern access with right-out or with right-in? Meridian Ciry Council June 27, 2006 Page 30 of 71 • Wardle: I heard -- I heard staffs presentation on the ability to make the deceleration lane and the number of conflict points reduced to one and so I would support -- at least initially in this discussion support a motion to have aright-in only on the northernmost access and it would eliminate the need for a temporary and, then, something that goes away and I do support fully the right-in, right-out on the southern most piece of properly. Does that help you? Borton: Crystal clear. Wardle: Okay. Borton: I think I heard you wrong or heard you say something inconsistent. Bird: Mr. President? Wardle: Mr. Bird. Bird: Could I make a statement? I agree with everything but that. I think you're taking traffic through -- and I know this is a preliminary plat, but you're taking traffic through the parking lot where they could exit at an entrance there at both -- if they had both entrances, right-in and right-out only, you wouldn't -- you're going to have people come in there and, then, they are going to drop -- have to drive through the parking lot to come back and get out on the right and to me that -- I would sooner see them getting out right only at that northern part, than trying to get out as a complete access on Ustick Road. So, that's my statement. That's why I -- Wardle: Mr. Borton. Borton: Mr. President. I lean with Councilman Bird on that one. What I would add is that what we will probably find with only one right-out is cars stacked up to turn right at that southern exit to get onto Eagle Road, a couple cars at a time, is the light backs up and it becomes problematic when that's fully built out. Nonetheless, what I would add in addition to earlier comments is this particular project -- I think what I really want to stress and applaud the applicant for doing, is going back to the drawing table and listening to our concerns. I think all of our concerns with regards to access on Eagle Road are on the money and we need to try and preserve the corridor or what's left or what we can preserve for Eagle Road are on the money. We are in a difficult spot because of what's taken place and other developments in access up and down the corridor, but the applicant has brought additional information and has brought a mitigating presentation, which allows for access, addresses some of the Council's concerns, does it in a constructive manner, and regardless of what happens today, I just -- I applaud the applicant for doing it. I think that's the right approach. And I as a Councilmember, speaking for myself, appreciate the opportunity to hear something like this and discuss it. I think it's the most constructive way to address the transportation issues on Eagle Road in this particular case, but in all areas where there might be a Meridian City Council June 27, 2006 Page 31 of 71 • variance issue in a denial. So, I think it's important -- it's important to me that it's covered this way. Canning: Mr. President? Wardle: Anna. Canning: I would like to remind Council that you don't have -- your draft Findings were for denial, so staff will need to come up with new Findings for approval. Generally, in that situation -- in particular for variances we ask that Council provide staff some direction on where you would like us to go. Those Findings for denial deal with three primary things. One is a hardship. I think Council -- the testimony tonight has discussed that this is kind of a special section of roadway, so I think that we would understand your -- what you would do there if you choose to approve this variance, of course. The second one is a safety concern and, again, I think Council in their comments has discussed that. The third one, the granting of special privilege, I haven't heard discussed. In past discussions generally Council will indicate to staff if this is something that you want to see changed in the UDC, then, we can include that in the Findings and, then, therefore, diminishes the fact that this might be a special grant, a special privilege. So, if you could give staff some direction regarding that particular finding I would appreciate it. Wardle: Thank you for that direction, Anna. Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, on the changing on the UDC, we are only talking about this one mile that it's going to affect; am I not right? I mean most everything else is done, cut in and stuff along -- it's going to be cut in. Canning: Yes, sir. For the most part you're probably right. There may be -- this mile and the one south of it I would anticipate that you may see some redesigns of some of those properties and as you get south of Pine Street and that may be applicable there. Bird: But they have got -- those -- they have already got so many cut-ins there -- between the railroad tracks on the west side there is -- and Pine Street, there is three cuts already. I mean, actually, paved cuts. Two roads. So, I -- and I don't want to change the UDC on state -- on other state highways within our jurisdiction. So, can we -- is it a big problem for staff if we use the variance type or something like that, instead of changing the whole UDC, which I don't want to do. Canning: Mr. Baird, can you help me? I'm not sure -- Meridian City Council June 27, 2006 Page 32 of 71 n Baird: Mr. President, Members of the Council, I think what has been described is a special situation that's been created and that you're treating this differently because it is different. The cats out of the bag, basically, on this, that you have expressed -- the Council's expressing its desire to maintain the concept that's in the UDC where possible on alternative sections of state highways. I think that's what I'm hearing. Bird: That's fine. Wardle: Thank you. Council, further information needed before a motion? Bird: I have none. Mr. President? Wardle: Mr. Bird. Bird: Would you entertain a motion? Wardle: Yeah. Entertain a motion. At any time. Bird: Okay. I move -- I move that we approve the variance 06-002, the request for two access points and both points will be right-in, right-out only, on a permanent basis, and to include all staff, applicant, and public testimony and to make Findings showing the change from denial to acceptance or approval and in the public testimony from the applicant it was stated -- and this is why I'm including public testimony from them, it was stated that they will be willing to be participants in costs on the -- redoing of the intersection. And with that I think I have got everything covered in a screwy way, but it's covered. Gorton: Second. Wardle: It's been moved and seconded. Just a point of clarification for discussion, because we have had one of these at a number of different feet at certain times. Is there any -- is there any direction, maybe, that we can give to the motion to -- Gorton: Mr. President? Wardle: Mr. Gorton. Borton: I would -- if the motion maker would so amend the motion, the northern most right-in, right-out access would be no closer than 850 feet from the center line and the southern most would be a quarter mile from the center line. Bird: From Ustick Road? Motion maker agrees a hundred percent. That was -- I think was part of the public statement between you and the applicant. Wardle: Thank you. Just for staffs clarification. All right. Mr. Berg, will you, please, call roll on the amended motion. Meridian City Council June 27, 2006 Page 33 of 71 • Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: We can get Charlie now. Wardle: Thank you. I'd like to welcome back Councilman Rountree. Rountree: Thank you. Item 15: Continued Public Hearing from June 6, 2006: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C-G zone for Gateway Marketplace Subdivision by Landmark Development -southeast corner of Ustick Road and Eagle Road: Wardle: And open Public Hearing on Item 15, continued Public Hearing on PP 06-002. I will begin with staff comments, but I believe Mrs. Canning will inform us that potentially want to continue this discussion. Canning: Yes, we do. Wardle: How would you like to handle that? Canning: I just need to make a brief presentation and you probably need to talk to the applicant, so -- Wardle: Okay. Canning: The applicant had asked for reconsideration on the relimina opens up the whole hearing. We are not presenting the whole hearing tonight t I don't think anybody -- if they need to, we can do a full presentation at some point, but I don't think it's necessary. The applicant wanted to see the results of this reconsideration in anticipation that she may want to change the site if access points were not approved. Since the Council has approved the right-in, right-out request, I suspect that the applicant will not want to change the preliminary plat. However, it needs to get to ACRD for their conditions and for their commission action and to -- for their conditions of approval, so that we can get the final conditions of approval in your approval. Therefore, we would recommend, if that's the way the applicant wants to proceed tonight, that we table this until July 18th. That should give the Commission a sufficient time to act and we can get those incorporated into your draft Findings. Wardle: Thank you, Anna. Would the applicant, please, come forward. And for the record please state your name and address. Meridian City Council • June 27, 2006 Page 34 of 71 L_J Thompson: Mr. President, Members of the Council, Tamara Thompson, Landmark Development Group, 1882 Taluka Way in Boise. It is true that if the -- if the access changed, that we were looking at, you know, maybe some site redesign or maybe even changing some uses from retail, but -- thank you very much. As far as the conditions, we do have draft conditions from ACHD, which were attached to the previous preliminary plat approval and I guess it was kind of a -- we all missed it. You know, we thought they are approved and they weren't. So, at this point I have talked to ACRD, they said they don't think there is going to be any issues as far as, you know, their commission changing anything, but -- but they did say that they would be okay with us just adding a global condition to comply with any of the conditions that come from ACHD and we are okay with that if we can get that approved tonight. If not, then, July 18th will have to work. Thank you. Wardle: Questions for the applicant? Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, do you, as a staff, have any problem going ahead if they have no problem? Canning: Yes, sir. I think it sets a bad precedent. I think that we have waited for ACHD comments before and that's the best way to go. Bird: Surprises.Yeah. That's -- Wardle: Is there anyone further that would wish to testify on this application? Does the applicant have any closing remarks? Borton: Mr. President? Wardle: Mr. Borton. Borton: Seeing no other remarks, I move we continue Item 15, PP 06-002 to July 18th. Bird: Second. Wardle: It's been moved and seconded to continue Item 15 to the date certain July 18th of 2006. All in favor? MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: Meridian City Council June 27, 2006 Page 35 of 71 Item 18: Public Hearing: PP 06-014 Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-O zone for Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: Item 19: Public Hearing: CUP 06-011 Request to modify the previous Conditional Use Permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive through sites for Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: Item 20: Public Hearing: MI 06-001 Request for Miscellaneous application to modify the recorded Development Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No. 5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Item 21: Public Hearing: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: Wardle: Thank you. Items 17, 18, 20 and 22 -- Mr. Baird? And 21. Canning: Twenty-one? Baird: Yes. Canning: Did you say through 21, sir? Wardle: Yes. Canning: Yes. Wardle: Thank you. I will open Public Hearing on Items 17, 18, 19, 20 and 21 and begin with staff comments. Canning: Thank you, Mr. President, Members of the Council. This is the Sundance Commercial addition. This has suffered from having two different names. The other name it's known by is Sundance Subdivision No. 5. We generally try and keep the numbers out of the title, so that's why it has the revised name. But apparently it's not completely revised. This is located at the northeast corner of Ustick and Meridian. It was previously approved and platted as four lots with an R-8 designation as part of a planned development, but it was approved for office uses. So, it has been approved for office uses. The proposal includes a rezone of 5.4 acres, which would be the -- out to the center line of the roads and they are rezoning that from R-8 to L-O. As you know, staff has consistently asked folks to go ahead and get the proper zoning for those use Meridian City Council June 27, 2006 Page 36 of 71 e exceptions that were approved through the PD process. So, this was an opportunity to ask for that correct zoning. And they have also got a preliminary plat for a total of 12 commercial lots again. So, they started off with four and now have 12 and that's on 3.77 acres. It's nearly one and a half acres less, because it does not include the landscape buffers. So, the rezone would include that, but the landscape buffers -- the landscape buffers are actually owned by the homeowners association, so the plat does not include those. They are also asking to modify the existing CU for the planned development by adding the additional lots and changing the building and parking layout and potentially allowing drive-thrus. They have also asked to modify the recorded development agreement to reflect the change in zoning, primarily. They have asked for alternative compliance to reduce the required landscape buffer adjacent to the residential. And this, again, was conceptually approved with the planned development. It's just they didn't quite get all the I's dotted and T's crossed in the first approval. And, finally, they are asking to vacate easements on the previous plat. The total number of proposed buildings are 12. The cross-access areas are generally shown in gray here. The two access points into the site would be on the east and, then, on the north off of Meridian Road and east off Ustick Road. The first approval for this project showed both those access points that I just pointed out, one off Meridian, one off Ustick, yet the face of the plat includes a note that says no -- that does not allow direct lot access to Ustick Road in this area. It appears to have been an error. It was inconsistent with what ACHD actually approved. So, we have modified that, that the note should state that direct lot access to Ustick Road may be prohibited in the future. It is fairly close to the intersection and if ACHD deems it necessary to close that, then, that access may go away. So, this makes the third access point important as the one on Ustick Road goes away. Excuse me. There is an access from within Sundance Subdivision that's -- it's about over here. And there is a cul-de-sac that stubs to this property and this would just be a drive aisle. It wouldn't be an extension of the street, but it would be a drive aisle connection from Sundance into the property. With regard to the landscaping and the alternative compliance, because the driveways come in right at the property line, they are not able to provide their full 20 feet of landscaping. As an alternative they are proposing a sound wall where they are not able to provide that 20 feet and staff feels that's an appropriate alternative compliance. With regard to the conditional use, one of the things they are asking for in the conditional use is approval for drive-thrus on Lots 7 and 8 and you will have to forgive me, but I can't read those right how. I believe it's in this area here. Those two lots -- they don't have specific configurations at this time and they don't have specific uses or how those drive-thrus would be oriented, so staff has not been generally supportive of that portion of the conditional use request. We do think they need to come back for more specific approval of those drive-thru facilities once they have the layout and configuration. Code would require that. They are within 300 feet of a residential property, so that would be required normally. With regard to the vacation, there was a little misunderstanding. Mr. Hood doesn't usually do vacations, but because of a shortage of staff he was -- he was preparing that application and wasn't aware of the fact that we have been requiring all the relinquishments before we recommend approval. So, the staff report you have is recommending approval. We have talked to the applicant, they have begrudgingly agreed that it's probably appropriate to wait until they actually get all the relinquishments done, so just on that Meridian City Council June 27, 2006 Page 37 of 71 e portion of the Public Hearing we ask that you leave the vacation hearing open tonight and continue that matter to the 18th of July as well and that will give them some time to work on those relinquishment. They may need a couple more weeks, but this will not slow down the process, they just need to gather those relinquishments and, then, we will get it right back on an agenda, so -- we do have some elevations that came in today. They are typical -- probably 3,000 to 5,000 square foot structures, very residential in appearance. The Planning Commission did recommend approval at their May 4th hearing. Tim Mokwa spoke in favor of the application. No one spoke in opposition or commented. The key issues of discussion by the Commission were restricting vehicular access to the site and the drive-thrus. The key Commission changes to staffs recommendation -- there actually were none. And except for that vacation issue that I mentioned briefly, to our knowledge there are no outstanding issues before Council. Wardle: Thank you, Anna. Question for staff? Rountree: None at this time. Bird: None. Wardle: Would the applicant, please, come forward. If you will state your name and address for the record, please. Mokwa: Mr. President, Members of the Council, my name is Tim Mokwa with Toothman Orton Engineering, representing the applicant here in this -- in these -- several of these applications. As Anna mentioned, I have reviewed this, I think I sent a-mails to staff that I have no issues with any of the recommended conditions of approval. One thing I would like to request is that if we are going to be scheduled for a later Council meeting, that it be a couple weeks later than July 18th, give us time to get all those relinquishments. I don't think we will have them all by then, so rather than schedule and not make it; we may as well plan on that now. I don't really have anything to add beyond what staff has already done, so I would be happy to answer any questions. Wardle: Thank you. Council, questions for the applicant? Bird: I have none, Mr. President. Rountree: None right now. Mokwa: Thank you. Wardle: I have no members of the public signed up. Would anyone like to comment on this application? Council, it appears we have no comment. Rountree: Mr. President, seeing there is no further comment, I move that we close the Public Hearing on Items 17, 18, 19, 20 and -- and 20. Meridian City Council June 27, 2006 Page 38 of 71 Bird: And not 21. Rountree: I said and 20. Leave 21. ~~ Wardle: Second. It's been moved and seconded to close the Public Hearing on Items 17 through 20. All in favor? MOTION CARRIED: ALL AYES. Wardle: Motion on Item 17. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the rezone request RZ 06-001, Item 17. Bird: Second. Wardle: It's been moved and seconded to approve Item No. 17. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Okay. Rountree: Mr. President, I move that we approve Item 15, preliminary plat, PP 06-014, for Sundance Subdivision No. 5. Bird: Second. Wardle: It's been moved and seconded to approve Item 18. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Sorry, I should have asked if we could have done them all together, but -- Item 19. Rountree: Mr. President? Meridian City Council June 27, 2006 Page 39 of 71 Wardle: Mr. Rountree. CJ Rountree: I move that we approve the Conditional Use Permit 06-011 for Item 19. Bird: Second. Wardle: Moved and seconded to approve Item 19. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the miscellaneous application request, Item 20, for M 106-001. Bird: Second. Wardle: Moved and seconded to approve Item 20. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item 21. Rountree: Mr. President, I move that we continue the Public Hearing on Item 21 for the vacation request VAC 06-004 until July 18th. Bird: Second. Wardle: The applicant's request I believe was -- Rountree: Another week? August 1st? Wardle: Two weeks? Canning: August 1st. Berg: We are not going to have a meeting August 1st. Rountree: August 8th. Meridian City Council June 27, 2006 Page 40 of 71 r1 Wardle: Motion has been amended to August -- continue Public Hearing on Item 21 to August 8th. Second agree? Bird: Yes. Wardle: All in favor? MOTION CARRIED: ALL AYES. Item 22: Public Hearing: 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: Item 23: Public Hearing: 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 Cherry Lane west of Black Cat Road: Wardle: Item Nos. 21 and 22 -- I will open public hearings -- excuse me -- 22 and 23, AZ 06-018 and PP 06-016 and I will open with staff comments. Canning: Mr. President, Members of the Council, this application is for preliminary plat approval -- or it's the Incline Village project and it's located on several parcels that take access from Cherry and, then, wrap behind two churches located on Black Cat. The applications include annexation and zoning and preliminary plat. The plat -- the original application was for 64 single family residences on about 20 acres and a proposed R-4 district. The gross residential density is 3.2 units per acre as proposed with the 64 lots. Staff did recommend that the applicant lose at least three lots and that brought the density of the development down to 3.05 dwelling units per acre, which would, then, be consistent with the Comprehensive Plan designation of low density. That was included as part of the Planning and Zoning Commission approval. I'll get there in a moment. The access to the site is currently provided from Cherry Lane and a private street to Black Cat Road. You may remember that discussion as part of the -- the Seventh Day Adventist Church, thank you, where we had long discussions about that private road access. The Commission has recommended approval at their May 4th Public Hearing. Daren Fluke spoke in favor of the application. Don Klowers, Steve Kadie and Brent Law spoke in opposition. The key issues of discussion by the Commission were the location of the multi-use pathway in this area and through the site. There is generally one shown. The Parks Department was alittle -- it's shown generally west of here. The Parks Department has been concerned that that may not work, so they were looking at this site as perhaps providing that. What they ended up recommending is that it come through generally in the same location as the existing private street for now and, then, would connect up through a public street pathway system -- basically a sidewalk system going toward the north and, then, looping back down south. The intent being to get folks to the Borup property to the west of here. I think that issue has been resolved. Meridian City Council June 27, 2006 Page 41 of 71 There was quite a bit of discussion about that at the Planning Commission. Staff had recommended a deveiopment agreement. The site specific provisions of that development would include that a maximum of 61 single family building lots be platted on the property and, again, that's a reduction of three, so that they are consistent with the Comp Plan, and that also that the Commission preferred the alignment of the multi- use pathway to be along basically Black Cat Road and that they would construct a multi-use pathway from their east property line as shown on the revised preliminary plat in that general area, so -- did I get that right? The key Commission changes to staffs initial recommendation -- they accepted the applicant's proposal for a fencing type, limiting the lot -- three of the lots to single story homes. Those three lots are down here, kind of on the south end of the flag portion of this property. And micropath construction on the site. The Commission also recommended approval of the revised preliminary dated April 19th. To our knowledge there are no outstanding issues before Council and with that I will answer any questions. Wardle: Thank you, Anna. Council, questions for staff? Bird: None at this time. Rountree: I have none right now. Wardle: Would the applicant please come forward. State your name and address for the record. Fluke: Thank you, Mr. President. Daren Fluke, JUB Engineers, 250 South Beechwood in Boise, representing the applicant in this matter. Anna did such a nice job summarizing the application I don't have much to add. We really have done everything that the city and the neighbors have asked to this point. Changed fencing. We took care of the pathway for the Parks Department. We lost three lots. I think everybody is happy. It's got good access to this site. It is -- will be a nice addition to the neighborhood. These are relatively large lots, 8,000 square feet on the short end and about 16 to 20 thousand feet on the high end, averaging somewhere in the 11,000 foot range. So, these are not small lots for an urban type development. All the services are here. We have worked with Public Works to assure that we can provide sewer and water to the site and we will have pressurized irrigation, so I don't really have anything else to add. If the Council had questions I would be happy to take those. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Let me get my high tech pointer out here. If you could just explain -- and I'm going to have a couple questions -- what's here, what's going to go on here and here and I can't tell at this distance what's happening here and along the northern boundaries, so -- Meridian City Council June 27, 2006 Page 42 of 71 Fluke: Mr. President, Commissioner, let's see, there are three existing dwellings on the site. One here, one here, and one here. Those did end up being the largest lots, just so we could accommodate those existing structures, meet setbacks, and sewer to them. This is the park area here. It's almost an acre down in this corner of the site. This is a drainage swale that you're looking at here, a seepage trench specifically. That's conceptual at this point, but we anticipate something like that. We have about the southern two-thirds of the site from here south will be served by sewer going out to Black Cat Road through an easement -- well, through, first, where the multi-use pathway is going to go and, then, through an easement out to Black Cat here. And, then, the remainder of the site will serve to the north to an existing stub street here in the Turnberry Subdivision on the north. There is aNampa-Meridian facility -- the name escapes me at the moment -- Safford Sub Lateral, running right here along the northern portion of the property. There is, actually, two ditches in that area, one lies within Turnberry and, then, a user's ditch within our property that we will be piping there. Did I hit everything? Rountree: I just have one more question for you, if you don't mind, and this is like an inter-neighborhood pathway, probably an easement for something, but -- Fluke: It's not, it's just a pathway to provide connectivity there between the two -- two sections of the project. Rountree: And is that proposed to be an island -- Fluke: It is. That's a roundabout. ACRD was requesting because of the length of that street and the -- sort of the lack of modulation, it struck them as a little too straight, so we added that there as traffic calming and it does work pretty well, being that we have two stub streets right there. Rountree: Thank you. Wardle: Council, additional questions for the applicant? Borton: Mr. President? Wardle: Mr. Borton. Borton: Just one question. Tell me why common area open lots are down here and -- you know, on Cherry Lane, as opposed to somewhere up where the rest of the subdivision can utilize it more? Fluke: Well, the easy answer is -- I guess it's a two part answer. The site dictated to us where those open spaces went. It turns out that this portion of the site is extremely difficult to sewer because of the depth of the sewer line in Black Cat Road, we are going to end up filling this area probably in between two and three feet. So, it was very difficult to get sewer down to the southern end of the project and make it work. So, in Meridian City Council June 27, 2006 Page 43 of 71 • working with the constraints of the site it sort of dictated that it go there. The second part of the answer is it's only a 20 acre site. This is about 600 feet from here to here, so, you know, a little more than 1,200 feet total north to south dimension on that. It's really not that far, it's within a quarter mile for anybody to walk to that park. And that will be greened up -- excuse me --greened up and be a nice facility for the neighborhood. Borton: Mr. President? Wardle: Mr. Borton. Borton: Is there something on it? I didn't see any -- Fluke: Well, the landscape plan just basically shows landscaping at this point. These are relatively large lots and so we didn't design a tot lot on there. Borton: Okay. Thank you. Wardle: Council? Thank you. Fluke: Thank you. Wardle: I do not have anyone signed up for this specific application. Would anyone like to provide additional public testimony? Anything to add? Okay. Council? Rountree: Mr. President, seeing no additional comment, I move that we close the public hearings for Items 22 and 23. Bird: Second. Wardle: It's been moved and seconded to close the public hearings on Items 22 and 23. All in favor? MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the annexation request for Item 22, AZ 06-018, subject to the staffs specific recommendations in their outline related to requirement of a DA, the indication of a X61 lot maximum, and that comments about the multiple use pathway. Bird: Second. Meridian City Council June 27, 2006 Page 44 of 71 J Wardle: It's been moved and seconded to approve Item No. 22. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Mr. Rountree. Rountree: Mr. President, I move that we approve the preliminary plat request for Item 23, PP 06-016. Bird: Second. Wardle: It's been moved and seconded to approve Item No. 23. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 24: Public Hearing: AZ 06-019 Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC - 1255 West Ustick Road: Item 25: Public Hearing: PP 06-018 Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: Wardle: I will now open public hearings on Items 24 and 25 and begin with staff comments. Canning: Thank you, Mr. President, Members of the Council, I did want to point out that I believe you also have some written testimony on this project from Mr. Brewer, Christopher Brewer. This is the Southwick project. It's located on east of Linder Road and south of Ustick Road. It is two very skinny long lots. Crossfield Subdivision was approved to the east of this -- east and south, basically, and, then, there is an existing subdivision to the south. We have rotated this 90 degrees. Sorry about that. North is going toward the north. There we go. The applications include annexation and zoning and preliminary plat. The highlights of the development include 42 building lots on about 10.59 acres in a proposed R-8 district. I do want to point out what you're looking at here. This is an existing home site. This is -- we worked with the applicants quite a bit on this site design, because it is fairly constrained, you cannot get two roads in there, really, so what they have proposed is a -- four buildings that share access from a common drive. They have agreed to orient all the houses toward that common drive to create a courtyard feel, so you have got one, two, three, four sets of four homes. So, essentially, there will be no garages on this west side of the street for this whole section Meridian City Council June 27, 2006 Page 45 of 71 CJ of road. They will all take access from the common drive. The gross residential density is 3.92 units per acre. The net density is 5.64 per acre. I did point out the common drives to you and the existing home. The Commission did recommend approval at their May 4th, 2006, Public Hearing. Shawn Nickel, the applicant's representative, spoke in favor. No one spoke in opposition or commented. The key issues of discussion were the common drives and the home orientation on those. Key Commission changes to staff recommendations, there were none. And to our knowledge -- well, I can't say that anymore. We received that letter from Mr. Brewer after I had written this, so there are some outstanding concerns presented by him in his letter. Again, I do not believe those were presented at the Planning and Zoning Commission hearing. With that I guess I'll answer any questions Council may have. Wardle: Thank you, Anna. Council, questions for staff? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Anna, what -- with the existing residence and lot on Ustick, are there going to be improvements on Ustick? Canning: The house will take access from the new public street and, then, the applicant will be required to do -- improve their frontage along Ustick. It's a short section, but -- Rountree: Sidewalk, et cetera? Canning: Yes. Rountree: Okay. Canning: I can double check. I can't imagine that ACHD didn't require that, but -- this does -- I want to point out one other thing. This is, really, a difficult area to anticipate redevelopment. There is one -- a third really long skinny lot here and, then, these -- these properties we have seen some interest in, but I think that those three kind of travel together and, then, this one other long skinny lot is held in separate ownership. So, we did ask the applicant to stub, so that they can get a street on that piece of property and they also have -- so they have two stubs going to that property, because it is so constrained to facilitate future redevelopment of that long skinny lot, the same size as half of one of these. Rountree: Well, Mr. President, another question for Anna. Would you take me back to the slide that shows the surrounding zoning. Canning: So, Crossfield was zoned R-8. The property just to the south of this one is zoned R-4 and, then, there is some R-4 over here in the Waterbury Subdivision. Meridian City Council June 27, 2006 Page 46 of 71 Rountree: Thank you. Wardle: Council, additional questions for staff? Bird: Not at this point, Mr. President. Wardle: Thank you, Anna. Would the applicant please come forward. If you will state your name and address for the record, please. Beck: Richard Beck, 839 East Winding Creek Drive, Eagle, Idaho. Mr. President, Members of the Council, we agree with the staff report and the conditions of approval and appreciate the help that Anna has given us on that regard. Again, a ten acre site that's pretty constrained. We are asking for the R-8 zoning designation. The area's listed on the future land use map as medium density residential, which has the spectrum of three to eight dwelling units per acre. Our density is just under four dwelling units per acre. With regard to -- with regard to the common driveways, we will be --Ibelieve that was a topic of discussion with Planning and Zoning Commission. I was not present, but Ibelieve -- I have been told that we will providing an orientation that leads more toward the courtyard feel. All the homes will be oriented towards the common drive. That is the plan. And don't really have anything else to add and I will stand for any questions that you might have. Wardle: Council, questions for the applicant? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Could you give me relative size of those lots that are going to share a common drive, the width of the common drive, the number of garage doors that are going to access the common drive, et cetera? Beck: Mr. President, Councilmember, the typical lot size -- see if I can read it myself. It looks like the lots that are closest to the roadway are anywhere from 7,300 square feet to 7,400 square feet. The lots on the rear are 8,200 to 8,600 square feet in size. There would be four -- each home site, of course, would have a garage and they would all access from the common driveway. Those are typically --Ibelieve they are 20 feet wide. The common driveway would be 20 feet wide. Trying to think if I covered everything you asked. Rountree: And question for Anna at this point. They would have to have a 20 foot setback off of that common drive as well -- Canning: Yes. Rountree: -- if they are going to front the common drive? Meridian City Council June 27, 2006 Page 47 of 71 Canning: Yes, sir. The UDC still requires a 20 foot parking pad in front of each home. So, if they provide the parking pad somewhere else, they could conceivably move the garage closer. We can -- we could certainly add that as a condition of approval if they -- if Council wanted to set a garage setback or a building setback, we could include that. Rountree: That's helpful, but it doesn't paint a very pretty picture. Canning: If I could, sir. The other thing we could do is just determine -- we have that aspect to designate home orientation. With that orientation we could say that that is the front of the lot, so that would be a 15 foot setback for the home, 20 foot setback for the garage, and, then, the rear would -- so we would treat this as a front setback. That would be a front setback. That would be a street side setback. Rear. Rear. Sides. So, with that orientation we can measure the setbacks accordingly. Bird: Mr. -- oh, go ahead. Rountree: No, I'm done. Wardle: Mr. Borton. Borton: Anna, I'm not -- maybe on the elevations. Is what I'm just hearing a description of a shared drive and, then, a bunch of garages and 80 feet of concrete and driveways all around with four different garages? Did I hear that wrong? We have got home orientations and, then, garages and 20 foot driveways and -- Canning: What it would be -- if Council gives me a moment, I will just -- I'll draw something on the plat and put it up above. That might help. Wardle: Mr. Bird, did you have an additional question? Bird: Yeah. Anna, I have got areal -- well, the applicant can maybe answer this. I have a real problem -- we are telling them it's 20 feet on the width of the driveway? What do you do when guests come and are going to be parked in there and stuff like that? I hope all four of them people are awful good friends. Boy, I tell you, we have had trouble with just having two houses to a common driveway and, then, when you have four of them then -- and they are only 20 foot wide and you and I both know that people will be out there and those two back houses, I mean they have no parking, other than their driveway as it is. I think the concept is -- really hadn't been thought out, to be truthful with you. Beck: Mr. President, Councilmember, I guess just to respond, you know I -- we have a couple of these in my personal neighborhood and I know it is a challenge many times for the parking situation. Luckily in this design, since there won't be any I guess front-on housing or, if you will, access to the roadway itself, essentially, the -- actually, I do have a pointer here. Essentially, this strip here will be available for on-street parking for Meridian City Council June 27, 2006 Page 48 of 71 guests as well. Many times people will also be able to park, depending upon how people are, in the actual driveway portion as well. That's kind of the parking pad in front of the required parking, but we would anticipate a lot of the guests parking on the street there. That would be an option for them. Bird: Follow up, please. Wardle: Mr. Bird. Bird: Sir, yeah, and I agree with it, but on a 20 -- what if you have parking on both sides out there, what are you going to do if an emergency vehicle needs to get to that back one or two houses back there? Beck: Mr. President -- okay. I'm going to defer to the project engineer. Bird: Okay. Wardle: State your name and address. Bailey: Mr. President and Councilmembers, Dave Bailey, 1500 East Iron Eagle Drive in Eagle. These flag lots, I guess we have been calling them, have actually been in the Meridian city code for quite awhile, so these meet the standards of your code for the R- 8zone for the flag lots. And if -- I suppose if you look -- I think Anna did a great job drawing a picture here, but if you look at the building envelope it's intentionally, on our part, significantly larger on these than it would be on a standard R-8 zone lot, because we do need to have the garage on one end or the other and -- and take access off of that common driveway. If you notice that to any point on the homes, as far as fire access, that we are required to have 150 feet -- or be able to be a fire vehicle within 150 feet of all points of the home, which we can do with this without considering these as fire accesses. So, we are not required to have a turnaround, nor to designate these common driveways as fire access. They are intentionally left at 150 feet. I don't know if your code specifically limits them to 150. I know that Boise city code does, but they just can't be longer than 150 for that very reason, for the fire access. But these are actually dimensionally correct in accordance with both the current Meridian city code and your previous one, for that -- the UDC. We have actually done a couple in south Meridian west of Locust Grove in the Roseleaf Subdivision. We did some in there. In fact, we did six off of one common driveway, which you folks didn't like, and fixed your code after that, so we couldn't do it anymore. But we do have one in there that has six off of a common drive backed up to a park. But I guess my point, in general, is that they are dimensionally correct in accordance with your code requirement. Bird: And I'm not doubting that. Wardle: Mr. Borton, did that answer your specific question you had for Anna? Borton: It does. What I thought it would look like. Meridian City Council June 27, 2006 Page 49 of 71 Canning: Okay. Borton: Well done. Wardle: Council, while we have the engineer, do you have -- Bird: I have none. He's answered mine. Bailey: Could I make one additional comment that he didn't point out is that we do have detached sidewalks in the project. So, we have a wider right of way in there so we can have detached sidewalks on the project as well to add a little more green space to a project that we can't get a good green space in, so -- Wardle: Thank you. Council, as Anna has noted for the record, we have written testimony from Christopher Brower. No additional members signed up for public testimony. Is there anyone that would like to provide additional public testimony for the record? Hearing none, Council, any additional question you might have for the applicant? Borton: Mr. President? Wardle: Mr. Borton. Borton: I do. One question. Again, I'd love to have seen elevations on this project. Is there a reason why elevations aren't included? I know they are expensive to do, but -- Beck: Mr. President, Councilmember, I'm not familiar enough with the code. I don't believe it's a requirement to submit the elevations at this point and I don't know if they have them. I know that -- I believe that the applicant's done this project in -- this product in different -- different projects, but we don't have any elevations at this time. Borton: Mr. President? Wardle: Mr. Borton. Borton: I know you don't, Ijust -- I'm just asking for the specific reason why. Maybe, actually, Mr. Bailey can -- Wardle: Mr. Bailey, state your name again. Bailey: David Bailey, again, with Bailey Engineering. The requirement -- and when we normally do submit elevations we do on quite a few projects is when we have a planned development or we have lots that are not consistent with your ordinance. It's a presumption, I guess, that standard R-8 or standard R-4 zone that a builder can build a house on those that meet the dimensional requirements and we don't need to show you Meridian City Council June 27, 2006 Page 50 of 71 what the house is going to look like, because it will fit on the lot, it will work on that lot. It's a standard building lot. And so all of them are standard building lots within the subdivision. That's the reason we didn't provide elevations, because we could build any house you can build in any other R-8 subdivision on the lot. Maybe that helps answer it a little better. I don't know. Borton: It does. Canning: Mr. President? Wardle: Mrs. Canning. Canning: Councilmember Borton, generally, we don't warn the applicant that -- for single family houses that you may want to see the elevations, although we always do on attached -- any attached unit and multi-family units, so we did not prompt the applicant to provide those elevations. I apologize for that. We can start doing that or -- in this instance, because of the flag lots, some -- I think that you're more comfortable seeing how it lays out on these lots and maybe that may have been more appropriate to ask for on this one, just understanding how those flag lots work. But if you would like staff to do something in the future, please, let me know. Borton: That's always helpful, especially in this particular type of situation, with this type of lot and just trying to get a better picture of how they would be configured and the driveways and how it would be shared is helpful. I understand it's not a requirement. Wardle: Council, additional information needed? Bird: Mr. President? Wardle: Mr. Bird. Bird: Hearing nobody jumping, I'd ask to close the public hearings on AZ 06-019 and PP 06-018. Wardle: Do I have a second? Rountree: Second. Wardle: It's been moved and seconded to close the Public Hearing on Items 24 and 25. All in favor? MOTION CARRIED: ALL AYES. Rountree: Well, Mr. President, comment or discussion. This is an annexation request and there is not enough people in the audience for me to sing my song, but my song is I'm not in this big of hurry to provide the City of Meridian with this kind of a situation. I Meridian City Council June 27, 2006 Page 51 of 71 agree it meets our code and also agree that our code has certain things in it to accommodate unusual circumstances and we can get a subdivision of 20, 30, 40, 60, 360 acres and three or four or five flag lots and here we have a subdivision that's almost half flag lots. I know it's a tough site, but I'm not able to vote in the affirmative to approve this particular annexation. Borton: Mr. President? Wardle: Mr. Borton. Borton: I share the concerns -- or put it differently. Councilman Rountree shares the concerns that I have got. Rountree: Well, thank you, Joe. Borton: Councilman Rountree agrees with me with this particular project and the lot configuration and it doesn't appear to be the best plan for the City of Meridian to accept and I'm not a fan of the majority of flag lots that's been presented here and I think Councilman Bird's comments and concerns are shared by me as well as far as how these properties and driveways are going to be shared and attached to what could be a general sea of concrete and if I'm wrong and -- Canning: Mr. Borton, can you speak up, please. Borton: I'll move my microphone. I apologize. How these houses are configured. So, I share those concerns. Canning: Mr. President, given the way the tide seems to be going, if I might share one thing. When I first saw these flag lots -- not on this particular project, but the concept of flag lots in general, I thought they were the worst thing I had ever seen. I went out and did a survey of several of them. When used appropriately they can be very effective and quite attractive. I would ask -- because I think that it would be additional information and help for Council for future decisions if you could reopen the public hearings and continue this to give the applicant some -- and staff some time to work up some pictures to give you a visual image of how these look, how they can lay out on the ground and how they can function, I would appreciate that. I'm not necessarily doing it for the applicant, I'm requesting that for the city as a whole, so that you can see how these function a little more appropriately. Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, I would agree with you, but I think one of the biggest things, too, is I think we need to widen the -- those drive -- supposedly driveways to 24 feet. And I know it's in our code, they have stayed right within the code and if they feel it within themselves Meridian City Council June 27, 2006 Page 52 of 71 to go to something besides an R-8 district, I would welcome that with open arms, so -- but Iwould have no problem if you would like to reopen the public hearings and continue them, if you have a chance, though. It's going to have to be a lot of changes to change my mind. Rountree: You moved to close, if you want to move to reopen. Wardle: Council, with that I would float of motion for discussion. Iwould move that we reopen the public hearings on Items 24 and 25. Bird: Second. Wardle: It's been moved and seconded to reopen the Public Hearing on Item 24 and 25. All affirmative? MOTION CARRIED: ALL AYES. Wardle: Motion carries unanimously. We have two additional public hearings now open. Planning staff has recommend that we continue these items. Anna, do you have a specific date and do you additionally have specific recommendations as to information that would be brought forward that could help us make an additional -- or make a decision? Canning: Mr. President, the first hearing in August would give some time to get some photos and some dimensions to you just of how this would work. What staff proposes to do is to bring you some -- some constructive examples of how these look on the ground and we can get some from other builders and from this particular builder, I think he's got a couple out there, too. You can determine if there are portions of those that you think would make this work. I have -- I was not proposing any changes to the plat as Mr. Bird had recommended. I think you will need to talk to the applicant about that issue. I was just proposing additional information on common drives in courtyards. Wardle: Council, if we are going to make a motion to consider it, before I hear anything specific from the applicant, I would additionally -- the information that I would like to consider in addition to the elevation would be specific setback requirements, fencing requirements between those common -- between the houses that front those common lots, some examples of how that would be situated in relation to where the homes are, entrances, those sorts of specific examples. Would you like to hear from the applicant for additional comments and possible continuance or would -- Rountree: See if the applicant's in agreement with a continuance. Wardle: If you would come forward and, please, give your name for the record, please. Beck: Richard Beck. 839 East Winding Creek Drive, Eagle, Idaho. Mr. President, Councilmembers, we definitely would be interested in pursuing the continuance and we Meridian City Council June 27, 2006 Page 53 of 71 will take the information -- the comments that you have made and gather some information, so you can be more informed and make an informed decision on the project. Wardle: The earliest date staff has recommended is August 8th. Is that a date that would be -- Beck: Yeah. I believe so. Wardle: Okay. Thank you. Beck: Thanks. Wardle: Council, we have two open public hearings. Do I hear a motion to continue? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we continue Public Hearing AZ 06-019 and PP 06-019 to August 8th, 2006. Rountree: Second. Wardle: It's been moved and seconded to continue these public hearings to August 8th. All in favor? MOTION CARRIED: ALL AYES. Baird: Mr. Chair, just for clarification for the record, the motion was for PP 06-018. It may have been misstated, but I think the record, in general, would be clear. Wardle: Thank you very much, Mr. Baird. Rountree: It's getting late. Wardle: Items 24 and 25. Bird: I couldn't read right. Item 26: Public Hearing: AZ 06-021 Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C-G General Commercial and R-15 Medium-High Density Residential zones for Kenai Subdivision by Kenai Partners, LLC -south of East Overland Road and west of South Eagle Road: Meridian City Council June 27, 2006 Page 54 of 71 • Item 27: Public Hearing: PP 06-019 Request for Preliminary Plat approval of 101 single-family residential and multi-family residential lots with 6 common lots in a R-15 zone and 32 commercial lots with 19 common lots in a C-G zone for Kenai Subdivision by Kenai Partners, LLC -south of East Overland Road and west of South Eagle Road: Wardle: I will open the Public Hearing on Items 26 and 27, AZ 06-021 and PP 06-019. Open with staff comments. Canning: Mr. President, Members of the Council, this is Kenai application. It extends from the EI Dorado Subdivision all the way over to the Millennium Subdivision. So, ii brings in that whole RUT property that currently exists between the high school, basically, and EI Dorado. The application includes annexation and zoning and preliminary plat approval. The preliminary plat and annexation would allow a mix of retail, restaurant, and office uses, as well as a mix of attached, detached, and townhouse residences on approximately 77.66 acres. On the residential portion, which is on the south side of the property, they would have a total of 220 residential units. There would be 24 attached alley access properties, four detached alley access properties, 64 quads on common drives or on flag lots, as discussed previously, and, then, nine condo lots with approximately 128 units and this would be in an R-15 zone. For the commercial portion on the northern half of the property, there would be a total of 32 commercial lots in a C-C zone and that is approximately 45.8 acres. The gross residential density is 6.92 units per acre. The net residential density is 8.61 unit per acre. There are over -- or approximately 500,000 square feet of commercial square footage proposed and that would be 32 buildings, accounting for modifications as time goes by. Due to the complexity of this project, staff does believe a development agreement is necessary. The key portions of that development agreement would be some specific timing regarding the provisions of amenities. Staff has recommended that all the landscaping along the southern and northern property boundaries be done to the points of connection with adjoining properties, so that those landscape connections are done at the earliest part of the project. Regard to nonresidential structures, the applicant has not requested a maximum square footage of retail, restaurant, or office spaces, so we would normally revert to what is allowed in the zone. Because it is the C- Czone normally we would allow a structure to go up to 200,000 square feet and 65 feet in height before design review is required. Because there are adjoining residential properties to the south, we are recommending that that limit be brought back through the development agreement to 60,000 square feet in area or a maximum height of 40 feet. With regard to residential structures, the applicant has shown several elevations for both alley accessed and townhouses and detached single family. Staff supports those elevations, but wanted a little better clarification through the development agreement on the specific height, bulk, types of materials, and locations proposed for each type to address the concerns of the adjoining property owners and, then, to include that within the development agreement. Regarding pathways, there is currently a condition that the pathway be brought along the western property boundary. That was part of -- was included as part of the development agreement that they needed to accommodate that. There was some discussion, either during the hearing or since the Meridian City Council June 27, 2006. Page 55 of 71 Planning and Zoning Commission hearing, that the applicant would prefer to bring that through the property, but we have not seen that yet. So, that pathway location would be a component of the development agreement as well. Finally, the applicant is proposing an addition to the park site, the Kiwanis Park, and that's in this southwest corner of the property. The development agreement includes a provision that they transfer by dedication the 2.035 acres addition to Kiwanis Park and that the applicant would be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. We have several elevations. This is the overall site plan. The gray is the residential area. The darker green is the parks and open space. And, then, the lighter green is the commercial areas or nonresidential areas. You can see the connections from EI Dorado and from Millennium Subdivision coming into the central spine. These are details of the landscape plan. And these are elevations -- these are the residential precedence and there is a number of key features pointed out there. I think the applicant has included this in their presentation as well. I will let them go over those key features. More residential images. Then, these are the commercial precedence. You may recognize some of these buildings. They are from largely Boise city, but they are local examples. The Commission recommended approval at their May 4th hearing. Becky McKay spoke in favor, as did Dave Koga and Andy Erstad. In opposition were Ralph Ingle, Stan Curtis, and Gloria Fern. No one commented. Key issues of discussion by the Commission were a lot of discussion about the alley-loaded product and the need for a variance, but they have not submitted for that variance, so I don't think that's an outstanding issue right now. And, then, also clarification of the south boundary elevations on auto court units and those are -- that auto court is similar to the concept we saw in the last presentation. But I think that this one they will have some more specifics on how those lots work. They are much smaller lots, so the need to design those in great detail was there, because they are a lot smaller lots. There were no key Commission changes to staffs initial recommendation. To our knowledge, there are no outstanding issues before Council. I think, again, that there may be some concern about a private street requirement in the commercial area. I will respond to that issue if needed to. It was just for addressing purposes. So, aside from that, I will answer any questions that Council may have. Wardle: Thank you, Anna. Staff --questions for Anna? Rountree: Not at this time. Wardle: Anna, you made mention of questions regarding the park. I see Director Strong here. Is there additional staff comment that you might wish to provide, Mr. Strong? Strong: Thank you, Mr. President, Members of the Council. As you may recall, we brought to you over a month ago a proposal for the addition of this little over two acres to the park site and entering into a development agreement with Kenai Development. We have sent a drafted of that development agreement that they are responding to. We have not received that back yet. Just a couple of items. We are meeting on Thursday of this week to attempt to finalize that draft and work out any issues that might still be Meridian City Council June 27, 2006 Page 56 of 71 pending, so that we can finalize a development agreement and bring it forward. We currently have the Kiwanis Park project out to bid and those bids close tomorrow and the developer with this project has agreed early on to work with us in development of Kiwanis prior to actually this plat going through for a final plat. So, that's where we are with the project right now. It seems to be moving ahead as we anticipated in our earlier discussions, so -- Wardle: Thank you. Council, questions? Bird: I have none. Rountree: None. Wardle: Would the applicant please come forward. State your name and address for the record. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, in Eagle. I'm representing the applicants in this particular application. I'd like to kind of give the Council an overview of the project and, then, turn the podium over to Andy Erstad, the architect, who we have been working with over the past probably about ten months I think on this particular project. As Anna indicated, the 76 acres -- or 77 acres that you're looking at is an enclave. The city limits are wrapping all the way around it, with Mountain View High School located here, Resolution Park, which is primarily an office complex that I did for Gary Voigt quite a few years ago. We have EI Dorado to the east. We have C-G I think that's owned by Ron Van Auker. And, then, Thousand Springs, which is R-4, up here that I did years ago for Farwest Development. This particular property is designated as mixed use regional, so we put together a pretty extensive team of Erstad Architects, the Land Group, my firm, and, then, representatives from the staff of Mr. Groves and Mr. Johnson's office and we worked to come up with a good mixed use plan that was pedestrian friendly, provided good vehicular circulation, where we could transition from one particular use to another and it would not be cumbersome. Mr. Erstad came up with a concept that the band along Overland Road would be primarily of a retail type component, obviously, capturing the traffic there on that major arterial that's all improved with five lanes. There is a signal here that was planned when they did the Overland Road rebuild and it's roughed in, the arms are in, the wiring is in, so we will be working with Ada County Highway District at whatever point we reach that that signal is warranted, that it will have to be installed. We did request two right-in, right-out accesses to Overland. There were three access points to this subject property historically. The district staff and us got together after going to the commission, we ended up that this approach will be a right-in only. We will have a separate decel lane, so we will tear out the curb, gutter, and sidewalk, add additional right of way, additional decel, rebuild the curb, gutter, and sidewalk up to this approach. This will be right-out only. Based on the analysis from our traffic engineers -- WGI performed our traffic study -- it was indicated that with those approaches in that fashion that we would not cause any delays to the traffic. Obviously, the primary entrance here is at the signal with this nice spine street coming down leading to this particular area. We have about a Meridian City Council June 27, 2006 Page 57 of 71 60-40 mix with about 40 percent R-15, 60 percent C-G. The band through here we anticipate being more office type component. Those buildings could be, you know, three, four, even five stories in height. Mr. Erstad has some diagrams that show that elevation. One nice thing about this particular piece of property, there is 16 feet of fall from north -- or from south to north on this property. The Ridenbaugh Canal here separates the subject property from Thousand Springs. So, it's a little bit low right in here along Overland Road. We anticipate taking the elevation down and, then, bringing this up to match more with the crown and elevation of Overland Road. I have met with Nampa-Meridian Irrigation District, they own and maintain the pressure irrigation system at EI Dorado. We will be working with them to go in and upgrade that to a regional system. They have also indicated that they would like to see Ridenbaugh Canal lined, concrete lined. Mr. Johnson has indicated that we will provide the materials if Nampa- Meridian will provide the labor. Mr. Anderson indicated that they will definitely get that in their fall schedule. We think we have got a good mix of product. As we get back into this residential area, we have got a nice greenscape here. This will be -- have islands along it with stamped pavers, so it does have a calming effect. Detached sidewalks. You will have landscaping here to kind of create a transition from the commercial office component into the residential. We have about 29 percent of this quad product. I have seen it in the flesh. They do a lot of it in Hawaii and they do it with four and up to six units. They use this common courtyard driveway. As Anna indicated, it can be done very very well if the design of the buildings are such that it, basically, utilizes that space as friendly -- friendly space. I have seen them where they have stamped pavers in there that it's very inviting and it works very well. In fact, I stayed in one that was a six unit attached type product, not detached like this quad is and they are two car garages. Maneuvering the average medium size car into the space was not difficult. I don't anticipate someone with a big Suburban living in that, because the garages were not that big and the courtyard is not that big. But we will be glad to, you know, the new type product and we would like to, obviously, set the example that the Council can hold up to other developers. As far as the alley-load type product, some attached, some detached, we have got about 12 percent and, then, we are proposing some condominium-type product or Brownstones right in this particular area here and here. Anna's asked in the staff report that we come back for a Conditional Use Permit for this multi-family product, because it is still being designed as far as meeting parking, landscaping, and getting the setbacks worked out. We have reviewed the staff report. Everything appears to be in order. The only thing that we did question on the Kiwanis Park, as was indicated by Doug, just to refresh your memory, Mr. Voigt I think donated four acres here, Los Alamitos was 2.3 and I think we -- Thousand Springs we did 2.9. This is one area that the city had designated for a neighborhood park. It was the first time that the Council asked for a component of a donation from each developer as all these parcels developed. They have been working with the parks department, Mr. Atalla, my client, staff, they have gone before the parks commission, this is approximately I think two acres. Obviously, to balance that out they are agreeing to help pay for the greening up of the rest of that Kiwanis Park and up to a specific dollar figure that they are trying to work out. We will have a pathway along the Ridenbaugh and, then, staff has asked for another pathway connection, we show a separate lot with a pathway coming down here and, then, when we were bringing it inside the project Meridian City Council June 27, 2006 Page 58 of 71 e here. I think the condition in the staff report is 5.5 -- 5.5 states that we will continue this multi-use pathway along this western perimeter here. It was our desire and we did state at the Commission and I don't know if it got lost in translation or the Commission's motion, we had hoped to build this pathway in a separate lot, pull it into the project, obviously, pulling people internally in the project. We didn't see the benefit of running it down the periphery. And based on the information I received from Mr. Atalla, I don't believe the parks commission demanded that it be down the western boundary all the way to Overland, they just asked that this pathway continue and make its way down to Overland. So, we'd like to have it along the collector. Other than that, I believe the staff report appears to be in order and can I answer any questions and I'd like to turn it over to Mr. Erstad to show you some of the elevations. Bird: I have none. McKay: Thank you. Erstad: Thank you, Mr. President and Members of the Council. I'm Andy Erstad, 420 Main Street, Boise, Idaho. We have got quite a few slides, so I'm going to clip through them pretty quickly and get to I think the heart of the issue and that's the quad product, which there is quite a bit of concern and we have got some imagery and I think it may help you understand it. There is a few things that Becky talked about that in the scale of this project I think it's important for everyone to realize this is a 40 foot wide pedestrian access park land and this is ten feet. Both of those are components of this two plus acres that are being dedicated. We also, because of the separation between the residential and the commercial, we have a 25 foot greenspace buffer along here, which would be a great facility or a great opportunity to carry the pedestrian path in and, then, up through here. The concern that we have with the client and us as planners is that you put a path up along here and you're basically taking your eyes off the path and we think from a practical standpoint and just the utilization standpoint, that you put the path where it interacts with the buildings and the people who are going to charge the space. So, again, as Becky indicated, we would like Council to recognize that and allow us to come back with -- with a final detail on that. Anna, if you could hit the next page. This area right here is Overland and this brings us in on the main spine. As Becky indicated, there is a right-in here and right-out there and the idea is that we vary all of the parking, single level, we are considering some two story retail ground floor with office on top in this general area and, then, as you get into the heart of the space these would be three, four and five story professional office buildings. On the outside we are looking at one and possibly two story buildings again, to fill the mix of uses and the parking in between. We are trying to apply a lot of the new urbanism models. It's difficult when you don't have a critical mass of four or five hundred acres where you can really generate that, but the fact of the matter is to bury the parking in the back and pull it off the street and put your buildings at the street and really give a fun way to get in and out of the buildings is our approach. This is the residential area back in here, so your pedestrian line comes along and, then, down here. The lower image is, really, kind of the imagery that we are trying to achieve with your main entry here, heading back, and, then, kind of some nice architecture that will be -- I like to consider it timeless, so that it doesn't look Meridian City Council June 27, 2006 Page 59 of 71 like it's a fad architecture or some, you know, way out there stuff, but it also -- we also have to address the market and deal with that. Anna, the next slide, please. These images are carrying us just a little bit further in. On the upper image we are now just off of Overland and we are heading south. The item -- or the image on the bottom would be as we approach the three, four, and five story core and we -- in our plan you saw that there was kind of a courtyard area or big plaza area. Again, the architecture is going to define some of the outdoor spaces, as well as the -- as well as establish the flavor for the project. Thank you. Again, this now is just turning and looking north as if we were looking north back towards the retail area. And, then, we are up above and looking north again from the -- from the residential area. One of the things that -- and the reason we clicked over to the second slide earlier was to show the park space. There is a green park space here. There is a green park space here. There is the park connection and the park along the south Kiwanis Park connection here and, then, up to the north. Next slide, please. I'm going to go through these pretty quickly, but this is the flavor that the client has been -- that we have been working with the client on, the level of quality and product. So, masonry, stucco, GFRC, punched openings, just a real high quality of architecture. Next slide, please. This -- these are two projects, they are built projects, that gives you a sense that we can actually do some fun things. The top is Bound Crossing in Boise and the bottom is, I think, Denver. Next slide. The upper two start to talk about gateways and importance, but, again, we are still trying to keep the quality of material and define a parameter set of guidelines. In fact, we just gave to Mr. Atalla today the kind of revised draft of the design guidelines for the project, which I think is important. It establishes the bar. Lower project is Capital Village in Boise right near Boise State. Very pedestrian, high quality, again, materials, bricks, stucco, masonry, that nature. Again, some more images of the pedestrian, brick, masonry, things of that nature. Next. These start to look at some of the house products. And, again, these are images, these are ideas that we are working on that -- this would be the series of row houses on the top and from the back you would actually have access into the parking with your -- with your living units above. This is a condominium product. This is, actually, some imagery out of Portland or out of Orenco Station where, again, the condominiums are -- there is a lot of variety in them, they still have a pedestrian, but a residential feel, and yet in that upper building I think there were 14 or 15 units. It's a fairly lengthy project. Wardle: Mr. Erstad? Erstad: Yes. Wardle: I assume you're summarizing. Erstad: Close. Yes, I will. If you will go -- this is the product that we wanted you to see, then. This is the -- this is actual built quad products. This -- from the image here, which is hard to see and we wili be providing the same disk to staff, is, actually, asix-plex. These are built products off of that. If you will go to the next slide. This is how the imagery appears in the residence. Now, this is at the very south, so we are, actually, lowering the southern portion to balance it out with the northern portion. And this lower Meridian City Council June 27, 2006 Page 60 of 71 image is an image that would -- what the people to the south would look at if they look across -- across the Ridenbaugh Canal. However, these would be between four and six feet lower. So, that just lowers the whole roof. But the space between the units and whatnot is really what you're going to start to see on this quad product. Next. The rest of the imagery you have -- these are from our earlier presentation and it's the landscaping. So, I'd stand for questions. Wardle: Council? Bird: I have none. Wardle: Don't have anyone signed up for testimony. Is there anyone who would like to give additional public testimony on this application? If you would like to summarize. Ask additional questions? Bird: I have none. Rountree: Mr. President, I have a process question, I guess, for the applicant. You heard our discussion on the previous application that -- I can't compare the two products, because you actually gave us something to see. But I guess on behalf of the staff, if they are going to go to the effort to help educate us on the product and possibly utilize your product and some other things.that they might bring to us, is it a significant hardship if we were to keep this thing open until we got staffs education on the 8th of August? I know that's asking a lot, but this is new stuff for us. Atalla: I understand. Joe Atalla, Kenai Partners, 6223 North Discovery Way, Boise, Idaho. My concern with tabling this -- you know, we would like the opportunity to help tonight to sell the quad product. You know, we -- this is a commercial -- there are large commercial pieces to this project and we are currently in negotiations with certain people and talking about delivering the site on time and it would definitely be a hardship for us if we had to table it with that item. So, we would like to be given the opportunity to answer any questions or, you know, discuss that further if that is still a concern. Bird: Mr. -- could I interject my thought? Wardle: Sure. Bird: I was one of the negative. We are talking -- we are talking about a ten acre product that had -- the biggest percent of their project in those type of things, where this one is -- this is a very small part of the project and it's commercial and stuff. I don't -- while Idon't think it's -- maybe isn't the best way to do things, but I -- with a project like this, Ihave -- I don't have the concern that I had in just a residential project, so -- that would be my one concern and I don't have a problem with going forward. Rountree: Mr. President, I don't make those comments because I have an issue with the project, I think it's a grand portrayal of what you can bring to Meridian, I just have Meridian City Council June 27, 2006 Page 61 of 71 U some concerns about the workability and, obviously, they do. Not either living near them or having commuted through them, if you have got -- you have shown us some schematic elevations. Do you have some planned views that show the operability of driveways, et cetera, in the repertoire this evening that you could show us? Erstad: Mr. President, Councilmember Rountree, Andy Erstad. Do you need my address? One of the images that we had -- and, Anna, I think if you go back one, it doesn't clearly show it, but it gives you an indication that that -- that the quad creates kind of a motor court. Rountree: Just walk us through, if you would. Excuse me, Mr. President. Erstad: In this image here -- this is actually a fixed unit here, but it's one unit, two, three, four, five, six -- so this is a little bit larger than the quad, but it's the same principle, when you have your entry in between the two fronting the street and, then, you have -- in the quad product you would go into one or the other and it also enters the parking from behind, so the courtyard is the motor court and you don't typically enter the parking by the street. And these images of a built product actually show that relationship of the courtyard, the motor court actually accesses each of those garages and, then, you have an entry portion. Rountree: Could you give me an idea of the scale, the dimensions? Erstad: The dimensions of the drive on the flag lot are -- the drive per lot is ten feet, but because they share -- they share a common flag, the drive actually is 20 feet into the motor court. Then, the lots are between 50 to -- the frontage lots -- and we have a piece of paper if I could hand it to you that shows -- may I approach, Mr. President? Wardle: Sure. Or we can put it on the overhead would probably be better. Erstad: Mr. President, this is the -- this is the quad product to the south of the project. This is the Ridenbaugh Canal. Our ten foot parkway. So, from the property line we give up ten feet and, then, we have 65 foot wide by 75 foot, the lots in the back. These are ten foot -- these are the ten foot drives per each lot. And, then, you have 55 by 77 feet. So, you have a 20 foot drive that brings you into the court and, then, you access each of the garages in this direction. And, then, the lots -- the units on the image that we had up earlier, have a separation from building -- separation to building. So, you're not building a solid wall. And I know that was a concern in the minutes and the comments from our Planning and Zoning hearing was that the neighbors -- and understandably so, because they -- they hadn't seen some of the imagery that you're seeing now and I think that's one of the things we learned was to provide that. You will have a house structure, a gap, and we are putting one and two story product back here, so, again, it will have variation in height. It's down six -- between four and six feet and the property actually right up in here is actually two feet above the Ridenbaugh Canal. So, we are really trying to be sensitive and work with them. The configuration of the quad product we think is -- I mean this is a -- is a proven product type. It's been used, you know, all over Meridian City Council June 27, 2006 Page 62 of 71 the country and -- so, from that standpoint I don't know if that's -- if, Councilmember Rountree, if we have answered your question or not. Rountree: Give me a sense of the general dimensions of the product you're going to provide, square footage, price ranges. Erstad: Joe, do you want to address that or -- I mean we are looking at product that ranges in the 1,700 to 2,500 square foot range. So, we have -- you know, we have the mix. And, then, in the -- in price range it's really market dependent at this point. I think that you're going to be looking in the -- probably the low 200s to upper 300,000 dollar range. Now, I'm looking to our client to kick me here, because -- and that's what we have been talking about consistently throughout the development of this and kind of looking at this product. Rountree: And your imagery depicts the type and quality that you would anticipate with the product? Erstad: Yes. Rountree: Okay. Erstad: The imagery gives you a sense of the broadness of the style and the design and what -- as I indicated earlier, we are doing a -- we do have design guidelines that will cover that, not the commercial and the office, but also the residential. And it will -- it talks about roof style, windows, materials, finishes, porches, overhangs, things of that nature. So, this is -- this is an image of how that product might -- might look with the drive off the street, parking, and access into the garages. So, it's relatively concealed from the street drive by. A-nd it's certainly concealed from the neighbors. Rountree: Well, your depiction of the courtyard effect is not unfamiliar to me, given Louisiana and Europe, but it's a little bit foreign for Meridian. Erstad: On the cutting edge, as they say. Bird: Mr. President? Wardle: Mr. Bird. Bird: Mr. Erstad, on this -- how many of the houses face the street? See, you take away -- you take away the guest parking that was one of my big concerns on the last project, on the previous project, because you have got a street out here to park on. Everybody's not going to be parking back in the courtyard. So, is the entryways on those four in the back all face the courtyard and, then, the two on the exterior face the road? Meridian City Council June 27, 2006 Page 63 of 71 • Erstad: Mr. President and Mr. Bird, Councilmember Bird, the way that they are set up is that the -- half of the -- half of the product faces the street, because it commands those lots and the front door and the addressing of the street is -- is by those two units and, then, the -- the motor portion or the motor court and the parking is actually brought into the -- into the courtyard and either -- as in this case on the side -- if I can find my button -- and in the other two unit cases something like that. So, you have a -- you have a strong street presence. You also have adequate area that you can bring a car or two into the court and park it up against the garage. But the street -- now that you're bringing all of the cars in and parking them in garages, the street becomes much more available -- much more available to park guests in that event. Bird: Thank you. Wardle: Mr. Borton. Borton: Mr. President, I have got aquestion -- Anna, can you put up the portion that shows the Kiwanis Park area, the southwest corner? Rountree: You could if she could remember what slide it was. Bird: I think it was number one. Borton: Number two. Bird: Two? Yeah, there you go. Borton: Andy or Becky, either of you who want to answer it. Is there -- do you anticipate all these individuals -- I know you want them all to walk, but do you expect folks to -- around here to drive over or to utilize Kiwanis Park? Atalla: I guess I will field this question. Joe Atalla. We have not provided parking as part of the park. In discussions with, you know, various people leading up to this point, it was decided that the parking should be concentrated on the southern side of the park where there is a large parking lot there, instead of providing, you know, a large parking lot and, then, some parking spaces over there, which might always be filled by guests anyway, you know, of the residential area. And we also wanted to promote the residents of our project walking to that site. The -- in the blue there on the corner directly north of the Kiwanis Park site, that is amulti-family lot and so we will be going back in for approval on that site and one of the concerns is from the police department and our plan is to provide a driveway there and potentially some parking spaces within that lot to accommodate not only some overFlow parking, but also police department's concerns, so that they can pull in and really see most of the park. So, I hope that answered the question. I don't know. Borton: It does. I'm just curious if whoever lives there is going to come back and yell at us, because there is cars and whatnot. Meridian City Council O June 27, 2006 Page 64 of 71 Atalla: I guess there is only so much we can plan against human nature. I don't know. Borton: Okay. Wardle: Thank you, Joe. Council, additional questions? Bird: I have none. McKay: Mr. Chairman, if I could just throw something up, food for thought. When we come back with the -- a final plat application, obviously, we have to come back before the Council. We could -- you could place a condition on us that we submit to staff showing on the quads where that -- the fencing is delineated and allowed, the driveway, how the buildings will be oriented, the setbacks and so forth, so the Council could see that prior to approval of that final plat, along with it when it comes back before you. I know you have us delineate certain things prior to bringing those final plats in, if that is a worry. Just to add -- Canning: President Wardle, Members of the Council, you asked me to remind you when an applicant suggests that they bring back something at a final plat stage, that you did not want that to ever happen again, because it's already been approved and there is nothing you can say, so -- but thank you for trying, Mrs. McKay. McKay: Never mind. Borton: Mr. President? Wardle: Mr. Borton. Borton: Doug, do you have any other comments or concerns or questions, you know, in light of what you have heard? Strong: Mr. President, Members of the Council, just clarification on the pathway connection. At our parks commission where this was discussed, one of the things that we thought would be useful is to have a pathway connection to Overland Road. I don't recall any specific discussion, as Becky indicated, that it had to go down the back side of the property to Overland Road. I think the connection that's being proposed makes sense. I think from a safe standpoint, if the police wanted to chime in, there is some sense having eyes on a pathway. I think that's probably a much better proposal to have it come down as proposed and, then, connect down through the middle of the project to Overland Road. I wanted to add that one comment. Early on there wasn't any discussion about it going all the way to Overland Road. I think it was proposed to connect through the school site, which didn't seem satisfactory, so this is a much better proposal. Wardle: Mr. Borton. Meridian City Council • June 27, 2006 Page 65 of 71 CJ Borton: Are there any obligations -- I know there was a generous gesture and the agreement on behalf of the applicant on completion of Kiwanis Park and whatnot. Are there any questions or concerns or ambiguities that you need clarified concerning any of those obligations? Strong: We are trying to clarify those on Thursday at our meeting, that we can put in a development agreement that we bring back to you for your approval of what the extent of their financial participation in the greening up of the first phase of that phase of the park and, then, if they -- what -- if they do any additional work beyond that agreement, how that would be negotiated in impact fee payout or -- like we have done with other projects, so -- Baird: Mr. President? Wardle: Mr. Baird. Baird: Members of the Council, I'd caution you to separate out consideration of what's going to happen in the park. It's really not pertinent to this application. The only thing you're considering is the corner that they are offering and how that would work. So, the discussion is helpful, but as far as your deliberations and your decision, that should not be a factor tonight. Strong: We will bring that back as a separate development issue. Wardle: Thank you, Doug. Canning: President Wardle, Members of the Council, the applicant has provided just a sketch of how that auto court would work on that four units. I'm going to put it on the overhead projector. You could include that as part of the development agreement if you would like. It's just a conceptual layout of those units. There we go. Now you can see the whole thing. I can tell you what you're looking at. These are the four units. The one and two would be the ones in the front. This would be the shared driveway coming in. The units with the arrows would be the garages. So, you're pulling in -- they do have -- they are not showing a full 20 foot setback to the garage, however, they are showing some distance. It varies. But the general concept is that the units in front, that the garages would come closer to the street than the units in the back, kind of creating that courtyard feel toward the rear units. If I have interpreted this sketch correctly. Maybe the applicant would like to explain. Atalla: Joe Atalla. Just to clarify, the hatched area would be yard space for each individual unit and, obviously, this is a very rough sketch that I just put together tonight, but hopefully it will help to clarify how these units might come together and work off of that courtyard. Meridian City Council June 27, 2006 Page 66 of 71 • Canning: I'm sorry if I misspoke about the hatched area. I'm meant the arrowed areas would be the garages. Rountree: That's what you said. Canning: Oh. Okay. Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, just for the record point out the entryways on each one of those. Canning: This is the entry to the common drive. Bird: No. No. No. Not the driveway. Canning: Oh. Bird: The house. Canning: One and two would have entries that face the street. I believe they said three and four were a little more flexible, that they could face basically the street or they could face more toward this interior space between the two units. Bird: What would -- what would stop them from, then, like three and four having -- having the garages into the -- that's the downward deal and, then, having your entry over there? They could change. I mean they could definitely change. Canning: I believe the more important concept is what happens on one and two in that they would not have garages taking access here and that they would be -- kind of provide that sense of enclosure to the courtyard. I thought that's what I heard earlier. So, that these would -- these would not likely be toward the rear of the property, they would be closer to the common drive. Bird: Okay. Wardle: Council? Rountree: I have no more questions. Wardle: Staff? Canning: No, sir. Thank you. Wardle: All right. Thank you. I still have two open public hearings. Meridian City Council • June 27, 2006 Page 67 of 71 Bird: Mr. President? Wardle: Mr. Bird. • Bird: If nobody needs anymore public input, I move that we close AZ 06-021 and PP 06-019. Rountree: Second. Canning: It's been moved and seconded to close the public hearings on Items 26 and 27. All in favor? MOTION CARRIED: ALL AYES. Borton: Mr. President? Wardle: Mr. Borton. Borton: I move we approve AZ 06-021, to include staff and applicant comments. Rountree: I'll second. Wardle: Okay. Rountree: Comment? Discussion? Wardle: Discussion. Rountree: The maker of the motion, on the pathway on the western boundary of the property, would it not be directed the entire length of the property to the west, would it go to the break between the commercial and the residential, go on the landscaped area, and, then, go up to the entryway drive to Overland? Is that -- Borton: Absolutely. As indicated by the applicant. Rountree: Okay. Borton: I think we included that. Bird: Mr. President? Wardle: Mr. Bird. Bird: For the maker and the second, that would include a development agreement and Findings of Fact and Conclusions of Law on both of that; right? Meridian City Council June 27, 2006 Page 68 of 71 Borton: Correct. Bird: Is that included in the motion? Rountree: And the second concurs and has a comment for staff and the applicant that it's amazing what a little education and some good visuals will do and I appreciate your patience and your indulgence and, Anna, I still want you guys to go out and help us see what might otherwise come to pass. Canning: I will, sir. They look very different on large lots than they do on small lots also. So, we will try and get both examples. Rountree: Okay. Canning: Mr. President, I missed the motion. I'm sorry. If you could summarize the motion, I would appreciate it. Wardle: If I may. We have a motion on the table to approve Item No. 26, to add specific reference to pathway connection not being required along the western edge of the property, connecting internally, and the development agreement with the applicant. Rountree: And Findings. Wardle: And to prepare Findings for approval. And with that I will call -- I will call roll. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item 27? Borton: Mr. President? Wardle: Mr. Borton. Borton: Move we approve PP 06-019. Rountree: Second. Wardle: It's been moved and seconded to approve Item No. 27. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council June 27, 2006 Page 69 of 71 MOTION CARRIED: ALL AYES. Item 28: Ordinance No. 06-1239 AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation -1301 Locust Grove Road: Item 29: Ordinance No. 06-1240 AZ 05-045 Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridae Subdivision by M & H Development, LLC - 4275 South Locust Grove Road: Wardle: Items No. 28 and 29 are Ordinance No. 06-1239 and Ordinance No. 06-1240. Mr. Berg, will you, please, read these items by title only. Berg: Thank you, Mr. President, Members of the Council. Ordinance 06-1239, an ordinance for annexation of property located in the southeast quarter of the southeast quarter of Section 18, Township 3 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 classification of said lands from RUT to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1240, an ordinance for annexation of property located in a portion of Section 30, Township 3 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 classification of said land from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Wardle: Thank you, Mr. Clerk. You have heard Items 28 and 29 read by title only. Is there anyone that wishes to hear them read in their entirety? Hearing none -- Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve Ordinances 06-1239 and 06-1240, with suspension of rules. Meridian City Council June 27, 2006 Page 70 of 71 Rountree: Second. Wardle: It's been moved and seconded to approve Items No. 28 and 29 with suspension of rules. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 30: Executive Session per Idaho State Code 67-2345(1) (a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: Wardle: Item 30 is Executive Session. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (a), (1) (c) and (1) (d). Rountree: Second. Wardle: It's been moved and seconded to enter into Executive Session per state code. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Wardle: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. Wardle: It's been moved and seconded to come out of Executive Session. All in favor. Meridian City Council June 27, 2006 Page 71 of 71 ALL AYES. MOTION CARRIED Wardle: For the record there were no decisions made in Executive Session. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Wardle: It's been moved and seconded to adjourn. All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 11:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ` 4 _ ~ ~ r. c ° A~S~ED• ve~~ ,,~ ~ a Ra~ ~,~. ~~ 4 ,~/ / ~~/ DATE APP OVED G. BERG JIB:, CI" fY CLERK • • June 23, 2006 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of April 3, 2006 City Council /ACRD Special Joint Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS ICJ June 23, 2006 MERIDIAN CITY COUNCIL MEETING • AZ 05-058 June 27, 2006 APPLICANT Todd Campbell ITEM NO. ~-B REQUEST Findings for Approval -Request for Annexation and Zoning of 49.95 acres from RUT to R-8 zone for Keego Springs Subdivision - 5910 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: GIIY ATTORNEY CIIY 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: s~~a A.~ ~... ~. COMMENTS See attached [~cllnps ~"I ' ~ ~~ Phone: .» ~d off Initials: r--- properly of the CNy of Meridian. Date: ~ _ Materials presetded at pubNc meeHrrpa shall • ~ RECEIVEIP SUN 2 3 1006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Ci ®f Meridian ~~, ~'~ Clerk Office 4 Sly y wt I, IL5;9.gitJ '~..:. 0.~-~ ~~ ~a In the Matter of Annexation and Zoning of 50.41 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 177 single family residential lots, 1 school site/lot and 12 common lots on 50.41 acres by Todd Campbell. Case No(s). AZ-OS-058, PP-OS-060 For the City Council Hearing Date of: June 6, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- 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 6, 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 ~~4; June 6, 2006 is hereby conditionally approved; and, 2. The applicant has agreed to provide solid vinyl fencing on the north property boundary and adjacent to the school site. Any perimeter fencing must be completed prior to issuance of building permits. All fencing should be installed in accordance with UDC 11-3A-7. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 6, 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- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 2 of 4 ! • 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 6, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANDS DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 3 of 4 • By action of the City Council at its regular meeting held on the Z 7 '~'~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~E~G`. COUNCIL MEMBER JOE BORTON VOTED_~%' COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~'~w COUNCIL MEMBER KEITH BIRD VOTED_ C~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED /~„~i ~~ Copy served upon: _ '°~ - ~~~~ o ~ J ., C ,' ~q ~ °n~ ~ ~ L~' ` ~ ~ .F`~ /~~ ar o `'/ \~ , `off P0~ 1~ `` ',, Applicant°`°aeoaaiaaaa`t~ /' Planning Department ~ Public Works Department ~ City Attorney By: Dated: 1 ° o~ '~~? City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 4 of 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 STAFF REPORT City Council Hearing Hearing Date: 6/6/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Keego Springs Subdivision • AZ-OS-058 r , ,, ` ~ _ v B /~~ ~r# ~~,/y~ ~ ~ ~ ~ :: k } 4+ i ~ I ~ 4 iu:~' ;A, r y ~~ ~,. Annexation and Zoning of 50.41 acres from RUT to R-8 zone • PP-OS-060 Preliminary Plat of 177 single family building lots, 1 school site and 12 common lots on 50.41 acres in a proposed R-8 zone • VAR-OS-024 Withdrawn on April 18.2006 Variance request to reduce the front setbacks in a proposed R-8 zone 1. SUNIIVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Todd Campbell, has applied for Annexation and Zoning (AZ) of 50.41 acres from RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of ~ 177 single family residential lots, 1 school site and 1 12 common lots on 50.41 acres. The site is located east of N. Black Cat Road, and south of Chinden Road (SH 20/26). This site currently contains a rural residence. Note: The applicant has submitted a revised preliminary plat dated danuo~y~4, June 6. 2006 which eliminates 22 buildable lots and adds a future school site. Please see the letter from T^„„~.~.. ~~ ~nn~ Todd Campbell dated May 26, 2006 for a more detailed narrative of the changes to the plat. SUMMARY RECOMMENDATION: Staff recommends approval of AZ-OS-058 and PP-OS-060 for Keego Springs Subdivision as yresented in the staff resort for the hearins date of June 6 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared fmdings consistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on February 2 and March 2 2006 At the public hearine they moved to recommend approval. On June 6 2006 the City Council approved the subiect applications. a. Summary of Public Hearing: i. In favor: Joann Butler, Jim Howard, Todd Campbell ii. In opposition: Don Brown, representing Rambo Subdivision iii. Commenting: Wendell Bigham iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. School site to be shared with property to south (Volterra Subdivision) ii. Fencing on north boundary iii. Stub street to property to south (Volterra Subdivision) c. Key Commission Changes to Staff Recommendation: Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 i. Modify Condition 1.2.6 to read: "The preliminary plat shall be revised to relocate the amenities, i.e., tot lot, gazebo, barbeque, and clubhouse and pool area on revised Lot 11, Block 7. Lots 28, 29, 30, and 31 of Block 10, and Lots 4, 5, 6, 7 of Block 4 will be placed in the amenities original locations. This will consolidate all neighborhood amenities in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities and result in no loss of buildable lots." ii. Delete Condition 1.2.12 iii. Modify Condition 1.2.13 to read: "The applicant will hold the property labeled "School Site" on the Keego Springs preliminary plat dated January 24, 2006, while Joint School District No. 2 finalizes negotiations with the developers of the Volterra Subdivision for the balance of the acreage needed for the school site. If the school district has not finalized negotiations with Volterra by the earlier of June 1, 2006, or when utilities are available, applicant will replat the property identified as "School Site" in conformance with applicant's original plan." iv. Add a Condition which states: "Modify the plat to add a pedestrian micropath from Lago Drive to the school site at some point along the north boundary of Lot 20, Block 10." v. Add a Condition which states: "All perimeter fencing adjacent to the school site shall be restricted to open vision fencing." d. Outstanding Issue(s) for City Council: i. Staff recommends that Condition 1.2.13 should amended to read: "The applicant will hold the property labeled "School Site" on the Keego Springs preliminary plat dated January 24, 2006, while Joint School District No. 2 finalizes negotiations with the developers of the Volterra Subdivision for the balance of the acreage needed for the school site. If the school district has not finalized negotiations with Volterra and the applicant for the "School Site" by the earlier of June 1, 2006, or when utilities are available, applicant will replat the property identified as "School Site" in conformance with applicant's original plan." ii. Variance to front setbacks: Staff is recommending denial of the subject Variance application (VAR-OS-024) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). Note: The application is unclear as to the specific front setbacks being requested. The applicant should clarify at the public hearing the specific front setbacks being requested and the lots to which the variance would apply. 3. PROPOSED MOTIONS Approve (AZ and PP) I move to approve File Numbers AZ-OS-058 and PP-OS-060 as presented in the staff report for the hearing date of June 6, 2006, and the revised preliminary plat dated 3a4, June 6, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (AZ and PP) [ move to deny File Numbers AZ-OS-058 and PP-OS-060 as presented in the staff report for the hearing date of June 6, 2006, and the revised preliminary plat dated ~, June 6, 2006 for the following reasons: (you must state specific reasons for denial). Approve (VAR) I move to approve File Number VAR-OS-024 as presented in the staff report for the hearing date Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 of June 6, 2006, and the revised preliminary plat dated January 24, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (VAR) I move to deny File Number VAR-OS-024 as presented in the staff report for the hearing date of June 6, 2006, and the preliminary plat dated January 24, 2006 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-058, PP-OS-060, and VAR-OS-024 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Black Cat Road, and south of Chinden Road (SH 20/26)/ 5910 N. Black Cat Rd W 1 /2, Section 27, T4N Rl W b. Owners: Todd Campbell P.O. Box 140298 Boise, Idaho 83714 c. Applicant: Todd Campbell P.O. Box 140298 Boise, Idaho 83714 d. Representative: Kurt Reliford, JJ Howard Engineers e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of revised Preliminary Plat (attached as Exhibit Al): ~, June 6, 2006 2. Date of Landscape Plan (attached as Exhibit A2): `=°-~----~~-~- ~, ~nnc~ June 6, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation 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. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-6B-2, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: March 10, 2006 e. Applicant posted notice on site by: March 24, 2006 Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF NNE 6, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land and rural residences b. Description of Character of Surrounding Area: The area is presently mostly agricultural land with rural residences, however the recent approvals of Bainbridge Subdivision to the east and Volterra Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and Zoning 1. North: Existing rural residences in Rambo Subdivision, zoned RUT (Ada County). 2. East: Approved Bainbridge Subdivision, zoned R-8. 3. South: Approved Volterra Subdivision, zoned R-4. 4. West: Agricultural land and rural residences in Compton's Subdivision, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: The site is currently not sewerable, it is in the "North Black Cat shed" design is currently underway but service will not be available until at least early 2008. Location of water: This site currently has no water service readily available. Public Works is currently in the decision making process to decide if water will be extended with the sewer or if it will be development driven. Issues or concerns: Public Works concems revolve around the lack of services currently available, however there is a timeline for them and other developments in this section have been approved with the same conditions. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: McMillan lateral 5. Hazards: None known. 6. Proposed Zoning: R-8 7. Size of Property: 3A:4~ 50.41 acres f. Subdivision Plat Information 1. Residential Lots: X177 2. Non-residential Lots: 1 3. Total Building Lots: ~ 178 4. Common Lots: 3-12 5. Other Lots: N/A 6. Total Lots: ~ 190 7. Open Lots: 312 Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 8. Residential Area: 3A-41- 50.14 acres 9. Gross Density: ~ 3.58 units per acre (4~ 4.71 net density) g. Landscaping 1. Width of street buffer(s): 35 feet on Black Cat Road. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/'A 3. Percentage of site as open space: 3-A~ 3.29 acres/6-A~4 6.56% 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Lot Size (Alleys) 4,000 square feet Min. Street Frontage 50 feet Min. Street Frontage (Alleys) 40 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Black Cat Road to Cascada Street and from proposed extensions of Oceano Drive and Corazon Street. Staff recommends that the applicant should be required to connect to the approved stub from Volterra Subdivision to the south. Please see ACRD report and analysis below for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 176 single-family lots on 50.41 acres for a gross density of 3.53 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 5 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 6, 2006 • 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, property. The City of Meridian plans to provide annexed in the following manner.• it planned to provide City services to the subject municipal services to the lands proposed to be • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Wate~° Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend two stub streets from Bainbridge Subdivision (Oceano Drive and Corazon Street) and staff has recommended that the applicant be required to connect to the stub street from Volterra Subdivision to the south, which is in compliance with the conditions of approval from ACfID. • 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 N, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Black Cat Road for Cascada Street, which was approved by ACfID and is supported by staff. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF NNE 6, 2006 The applicant is proposing a residential zone. Staff finds that the proposed single family residential properties to the south and east, and the existing residential properties to the north will be compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Bainbridge Subdivision to the east obtained R-8 zoning and Volterra Subdivision to the south obtained R-4 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (3.53 d.u./acre) and zoning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 15, 2005 by James Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney Bill Nary at 888-4433 to initiate this process within 18 months of Citv Council approval of the annexation request The DA shall incorporate the following: • 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, flames, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 7 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 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. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the conf guration provided. PRELINIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Landscape Lot along Cascada Street: The building lots along Cascada Street at the entrance to the subdivision in Blocks 1 and 10 are what the Unified Development Code defines as "through lots," meaning they have frontage on two parallel streets. While City Code does not specifically prohibit through lots, staff does discourage their use to prevent traffic interference and control access to internal roadways. Staff recommends that the preliminary plat should be revised to place a 10-foot wide landscape lot, to be owned by the Homeowner's Association, along both sides of Cascada Street to the intersection of Invierno Avenue. This will prevent direct lot access to Cascada Street and ensure safe and efficient vehicular access on the subdivision access road. 2. Amenities: The applicant has proposed three separate community amenities near the center of the development: a barbeque area, a tot lot, and a swimming pool with a clubhouse. The proposed amenities are located at the terminus of Cascada Street and are all separated by public streets. While staff supports the central location of the amenities, we find that the potential danger from pedestrans crossing the entrance road into the subdivision that could carry over 1,000 vehicle trips per day outweighs the benefits. Staff recommends that the amenities should be consolidated in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities. The relocation would not result in a loss of buildable lots, as the tot lot and barbeque area could be moved adjacent to the pool area and the eight home sites that this would displace could be moved to the former location of the tot lot and barbeque area. 3. Parkways: The applicant has proposed a 34-foot street section with 5-foot detached sidewalks separated from the roadway by an 8-foot parkway strip which contains street trees. Staff is supportive of this design, with the restriction that the tree species are limited to Class II trees per UDC 11-3A-17 and that the portion of the detached sidewalk which lies outside of the right-of--way be contained in an easement to benefit the Ada County Highway District. Setbacks will be measured from the back edge of the sidewalk. 4. Stub Streets: Per the ACHD report, the preliminary plat shall be revised to show a public street connection to the stub street approved with Volterra Subdivision which lies approximately 330 feet east of Black Cat Road. Staff is supportive of the two other stub street connections shown, Corazon Avenue and Oceano Drive. Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 8 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 5. School Site: In response to concerns expressed by the Joint School District No. 2, the applicant has revised their proposal to include a school site which will lie partly within the proposed subdivision, and partly within the previously approved Volterra Subdivision. Staff is supportive of this configuration with the following change: The preliminary plat should be modified to eliminate the building lots shown as Lots 19, 21, and 22, Block 10, and include the land in the proposed school site. Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. The school site will require conditional use approval prior to construction and is not approved with the subject applications. Allevs: The proposed subdivision has building lots with access to proposed alleys. Staff is supportive of the design and the proposed lots and alleys meet the dimensional requirements of the Unified Development Code, and the alleys were approved by ACHD. 7. Variance for Block Length and Setbacks• The applicant has submitted a Variance application for reductions to the front setbacks. The applicant has not stated what they are requesting for front setbacks; the applicant shall address the front setbacks at the public hearing and submit revised information which clarifies the variance request prior to being scheduled for a City Council hearing. Pressure h-ri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 9. Fencine: The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8, 2005) with the preliminary plat application for the subdivision. The applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 10. Common Areas: Maintenance of all common areas shall be the responsibility of the Keego Springs Home Owners' Association. 11. Ditches. Laterals. and Canals• Per UDC 11-3A-fv all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: The applicant has requested a variance for reduced front (street) setbacks for the alley loaded lots contained in Blocks 2, 3, 11, and 12. The required setbacks in the R-8 district are 20 feet to the garages and 15 feet to the living areas. The proposed subdivision is located on vacant land and there are not existing site constraints which justify the Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 9 CITY OF MERIDIAN PLAI~C DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 reduction of building setbacks. The applicant has the ability to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. Note: The application is unclear as to the specific front setbacks being requested. The applicant should clarify at the public hearing the specific front setbacks being requested and the specific lots to which the variance would apply. b. Staff Recommendation: Staff recommends anyroval of AZ-OS-058 and PP OS 060 and denial of VAR-OS-024 for Keego Sprmgs Subdivision as presented in the staff report for the hearing date of June 6, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared fmdings consistent with this recommendation. On June 6, 2006 the City Council annroved the subiect apnh= 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 3a~at~4, 2006) 2. Landscape Plan (dated: ~*°---~-°~• 4, ~^^~ June 6, 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 C. Legal Description D. Required Findings from Zoning Ordinance Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 10 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 6, 2006 A. Drawings 1. Preliminary Plat (dated: 3~4, June 6, 2006) _ ,~,,~, _ N. BIACK CAT ROAp F ~; k 14 !4 h 4~ I L ~' ~ ~; h !: 6 a Y ' r \ '' 6 ~ ~ - -------- ~ b ~ 4 ------- . ~ ~ i F ~' I' ~ ~ h h 6 k }4, b h h k 4 h g ~. '~ ------------ @ f 'B - e ~ I o- ~ ~ ,~ ~ ~ b 4 q ~~' ` ~ ~ -k '~ __ _ - S: ~ 4 t s ~e h !: b~ !~ h f F ti ~ F. ° @It8' ^ iN697 a ~ I I ~---------- - --------------- °j ~ - ~ ' ' ~ ~, ~~~i ~I t ~ 1 ` I }a~l~~~ In ~ ~~ ~o j~ ~i D I I a • ~ ::I i $ aa[ iII e Yi s ! ~° ~ ~~p ~; ~ 1 e .. - - 5 , , ~ ~ ~°~ e^~ t: pWy~~~• pp i ~ ~ :~,~ 6Q _ ~ ~ [~~ M s _ ~ I 1Aa e`~1 ' f ,i _ a ~ ~~ ~Fg i . ~ ~ a --~ - ^ m e 5 ~ ~ . ~ 9 `~ ~ ° ~ ~~~ ; ~~ i1 _.. _.. °~ ~ a[ ~~ d ~ p o r ~~~ ~ ~ 1 ~~ , ° o i ~ ~~ ~ ~ [ ' ro ~ "O8 G 5ip~ B Ai99 $a _[ Exhibit A CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 2. Landscape Plan (dated: ~*°~~-°~ °, ~~~~ June 6, 2006) -. ~---: ~..-~_~ __r _. _ _ ~,~~.~ `mom-~. ~ _ :-~ x~ t ¢ ~.. ,~~ r __ ~~ ~2.-~:,_ ~ ~ ~ ~~ ti y ;~ 1 ~ :~,,~ ~: i' ~~ ~ ~~ s >: z? ti ,`~~` , ~" ~~. w ~, c .. E ~~, T ~' '~- . ~~ .. j ti ~ ~ r ~ ^ _ R i ~ ~ ` . _ r ~ ~ ~. ~ m Ila- ~` ~` ~. ,~ `~` m - a, ti. ~ a. ti r _: ~ q ~ : ... c , --- r ~= `~~ ~z ~ n 0 Exhibit A CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The a licant shall contact the Ci Attorne Bill N at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • 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. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • 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. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. 1.2 SITE SPECIFIC REQUIItEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat prepared by JJ Howard Engineering, dated 3~q., June 6. 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-058) shall also be considered conditions of the Preliminary Plat (PP- OS-060). 1.2.2 Maintenance of all common areas shall be the responsibility of the Keego Springs Subdivision Homeowners' Association. 1.2.3 The preliminary plat shall be modified to reflect the conditions contained in this report and 10 copies shall be submitted no later than 10 days prior to the City Council hearing on the applications. 1.2.4 The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.2.5 The preliminary plat shall be revised to place a 10-foot wide landscape lot, to be owned by the Homeowner's Association, along both sides of Cascada Street to the intersection of Invierno Avenue. 1.2.6 The preliminary plat shall be revised to relocate the amenities i e tot lot gazebo barbeque and clubhouse and pool area on revised Lot 11 Block 7 Lots 28 29 30 and 31 of Block 10 and Lots 4, 5, 6, 7 of Block 4 will be placed in the amenities original locations This will consolidate all nei boyhood amemhes in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities and result in no loss of buildable lots Exhibit B CITY OF MERIDIAN PLANN~; DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 1.2.7 Per UDC 11-3A-17, the 8-foot parkways shall be restricted to Class II tree species. 1.2.8 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-aces and is in favor of the Ada County Highway District, and said easement shall be depicted on the fmal plat or an instrument number referenced in a plat note. 1.2.9 Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. 1.2.10 There shall be a 20-foot by 20-foot parking pad provided on all alley loaded lots between the garage and the alley edge per UDC 11-3C-6. 1.2.11 The preliminary plat shall be revised to show a public street connection to the stub street approved with Volterra Subdivision which lies approximately 330 feet east of Black Cat Road. 1.2.13 =:cccac-o'Fi~-hAl~11,B nr~nrart~ 1 t_ 1 ccQ..l.,.,.1 Q •~ ~~ aL. ,aR000~mzac~p z~ dH3~Ci~~Q~i ~: t- ~ GL.....1 T a... ~ AT 7 ~ 1' ~vio of ci}@~~Hlt@~,~~'ut,dtt El, 1...1„ FOL. ~ ~ )f the school dlstnct has not finahzed ne ottattons with Volterra and the a licant for the "School Site" by the earlier of du~~ December 1 2006 or when utilities are available applicant will replat the property identtfied as "School Site" fn conformance with applicant's ori~nal plan 1.2.14 Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. 1.2.15 The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8, 2005) with the preliminary plat application for the subdivision. The applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. The applicant has also aereed to provide solid vinyl fencing on the north property boundary and adjacent to the school site Any pernmeter fencmg must be completed prior to issuance of building permits All fencm~ should be installed in accordance with UDC 11-3A-7. 1.2.16 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.17 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.18 Per UDC 11-3A-6 all irrigation ditches, laterals or canalls, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2.19 Modify the plat to add a pedestrian micropath from Lazo Drive to the school site at some nowt along the north boundary of Lot 20 Block 10 1.2.20 All perimeter fencing adiacent to the school site shall be solid vinyl fencmg. _ Exhibit B CITY OF MERIDIAN PLAN; DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as repllacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Lrrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT Z.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. 2.2 At such time as the development is sewerable the applicant shall install mains to and through this proposed development; applicant shall coordinate mane 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. Exhibit B CITY OF MERIDIAN PLAN; DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 2.3 No "interim" or "temporary" sewer lift stations shall be allowed. 2.4 Water service to this site is being proposed via extension of future mains in Black Cat Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval 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 (iIDC 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 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Add a note that states which lots are to be common lots and addresses ownership and maintenance of said lots. 2.10 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.11 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. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction Exhibit B CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and complliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater ellevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 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 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 8. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by Exhibit B CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 no less than %2 the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the south. 9. Building setbacks shall be per the International Building Code for one and two story construction. 10. The proposed 176-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 510 residents at build out. 11. 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. 12. Provide a Knox box entry system for the complex prior to occupancy. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Invierno Avenue. 2. The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 3. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Site Snecifzc Conditions o~ppYOVaI The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of--way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way. Exhibit B CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JiJNE 6, 2006 b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct. a minimum 5-foot wide concrete sidewalk along Black Cat Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Cascada Street to intersect Black Cat Road approximately 800-feet north of the south property line, as proposed. 3. Construct the internal streets as 34-foot street sections with rolled curb, gutter and 5-foot sidewalks that are detached by an 8-foot landscape strip within 50-feet ofright-of--way. Provide the District with an easement for the sidewalk that is proposed to be located within an easement outside of the right-of--way. Provide the District with Fore Departmental approval to construct the reduced street section. 4. Extend Oceano Drive from the east property line approximately 630-feet north of the south property line, as proposed. 5. Construct Corazon Street as a stub street to the east property line approximately 100-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 6. Shift the proposed stub street that is proposed to be located approximately 480-feet east of Black Cat Road approximately 140-feet to the west to match the stub street that was previously approved with Volterra Subdivision. 7. Construct two 20-foot wide alleys located between Corriente Street and Oceano Street and Azul Street and Corazon Street, as proposed. Dedicate 20-feet ofright-of--way for the alley and pave the right-of--way its entire width. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Construct a center island within Cascada Street, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a 21-foot street section on either side of the island. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 10. Comply with the District's Interim Tree Planting Policy. 11. Construct a left hand turn lane on Black Cat Road at the intersection of Cascada Street. Coordinate the design of the turn lane with District staff. 12. Construct a right hand turn lane on Black Cat Road at the intersection of Cascada Street. Coordinate the design of the turn lane with District staff. 13. Other than the access point that has specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note stating this access restriction will be required on the final plat. Exhibit B CITY OF MERIDIAN PLAN; DEPARTMENT STAFF REPORT FOR THE KING DATE OF JiJNE 6, 2006 14. Comply with all Standard Conditions of Approval. Standard Conditions o~ppYOVaI 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or Exhibit B CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 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 reIlief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 C. Legal Description EXHIBIT A r9F.rCIUtAD1 PUBLIC PROPERTY DESCRIPTIOIJ ~'~nR~ oE~T FOR .KEEGO SPRINGS A parcel of land lying in the W I/2 NW 1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Tdaho, said parcel bein~q more particularly described as follows: Commencing at a paint marking We ~Vl/4 Comer of said Section 27, said point also being the POINT OF BEGINNING; Thence N.00°10'43"W. 1649.32 feet along the west line of the said NWl/4 of Section 27 Yo a point; Thence 5.89°58'27"E. 1324.17 feet to a point lying on the east line of the said W 1 /2 NWl/4 of Section 27; Thence SAO°12'35"E. 1648.50 feet along the said east Line of the WI/2 NWl/4 of Section 27 to a point marking the VVl/16 Corner of said Section 27; Thence S.89°59'25"W. 1325.06 feet along the south sins of the said NW 1/4 of Section 27 to the POINT OF BEGINNING. Said parcel contains 49.95 acres, more or less, and is subject to all existing easements and right-af--ways of record or implied. Keeg° springs Lc~at drsc.ipaun ti4140sltrur~ Q°t Exhibit C CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE G DATE OF NNE 6, 2006 ®O COMPTQN'S -,,. suBOnr~sloN ~I ~~ w. couar SU®®MSION r~~~iaiatm Pu~uc ~nJORKS C1~PT. ~ wsi a +.rr - e- - ~ SUBJECT i zl ~'-- POINT OF BEGINNING W 1/4 CORNER SECTION 27 T 4 N, R 1 W, ®.M. ADA COUNTY IT °®3®oa ~' ~ 3t90 f ~~ ~ 5~C1 €~GD '~Otl I SCALE IN FEET Exhibit C CITY OF MERIDIAN PLAN; DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonin of this ro to R-8 would be in the best interest of the Ci 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fmds that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 adopted Comprehensive Plan. Staff generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section S, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council fmds that the granting of a variance to the property would grant a right or privilege that is not otherwise allowed in the district. There are not existing site constraints which justify the reduction of building setbacks and the applicant has the ability to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-S district. 2. The variance relieves an undue hardship because of characteristics of the site; The proposed subdivision is located on vacant land and there are not existing site constraints which justify the reduction of building setbacks. The applicant has the ability Exhibit D CITY OF MERIDIAN PLAN(; DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. Based on this fact, City Council fords that special circumstances do not exist which create an undue hardship on the property. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council fords that allowing the reduced front setbacks to be reduced would not be detrimental to the public health, safety, and/or welfare. Exhibit D • June 23, 2006 MERIDIAN CITY COUNCIL MEETING PP 05-Ob0 June 27, 2006 APPLICANT Todd Campbell ITEM NO. 5-C REQUEST Findings for Approval -Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision - 5910 North Black C;at 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 aHach®d Findings Contacted: /~ ~Q, Date: (p ~p (~~p Phone: ! ~ -- ~ Q Emailed: -~ 1 ~C0 ~nStaff Initials: ,!~ Materials pr®seMed aF Ew~bUc meeffifgs shag b~cane Properly of the CHy of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER J~l~~~ L ~ 1d0~ f ~° .~~ericlian 4 Il~.i3~ie~ $~ ' §: { ~": 4_L-~~ :e?~-,~a47'ee::ua~aa.,iar"~~-°'' rYi -- ~, In the Matter of Annexation and Zoning of 50.41 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 177 single family residential lots, 1 school site/lot and 12 common lots on 50.41 acres by Todd Campbell. Case No(s). AZ-OS-058, PP-05-060 For the City Council Hearing Date of: June 6, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 1 of 4 C~ • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 6, 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 6, 2006 is hereby conditionally approved; and, 2. The applicant has agreed to provide solid vinyl fencing on the north property boundary and adjacent to the school site. Any perimeter fencing must be completed prior to issuance of building permits. All fencing should be installed in accordance with UDC 11-3A-7. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 6, 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- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 2 of 4 • 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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: StafFReport for the hearing date of June 6, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 3 of 4 By action of the City Council at its regular meeting held on the Z ? ~° day of ~_(~, , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: `* ~ ~~~ "~ r ~ _ a WILLIAM G. BERG, J ., C ~ '~ e:~ it ~~ ~a ro va Copy served upon: / Applicant Planning Department ~~ Public Works Department ~ City Attorney VOTED_~~~G~ VOTED_~~~ VOTED_~~~~it/ VOTED_~¢~(~. ~~ VOTED BY~ Dated: a1 ' ~~ - C3l.D Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-058 and PP-OS-060- PAGE 4 of 4 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 6, 2006 STAFF REPORT City Council Hearing Hearing Date: 6/6/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Keego Springs Subdivision • AZ-OS-058 e c~"a~ r~~ ~<~ dl ~ ~ i _ ,.f ~~ II.T:'Wf:~ ~,~. .,. '~" °~`~,: ~ . -~ Annexation and Zoning of 50.41 acres from RUT to R-8 zone • PP-OS-060 Preliminary Plat of 177 single family building lots, 1 school site and 12 common lots on 50.41 acres in a proposed R-8 zone • VAR-OS-024 Withdrawn on Anri118.2006 Variance request to reduce the front setbacks in a proposed R-8 zone 1. Si7bIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Todd Campbell, has applied for Annexation and Zoning (AZ) of 50.41 acres from RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 28~ 177 single family residential lots, 1 school site and 1 12 common lots on 50.41 acres. The site is located east of N. Black Cat Road, and south of Chinden Road (SH 20/26). This site currently contains a rural residence. Note: The applicant has submitted a revised preliminary plat dated 3a~a~4, June 6, 2006 which eliminates 22 buildable lots and adds a future school site. Please see the letter from ~~""''~ '^A§ Todd Campbell dated May 26 2006 for a more detailed narrative of the changes to the plat. SUMMARY RECOMMENDATION: Staff recommends approval of AZ-OS-058 and PP OS 060 for Keego Springs Subdivision as presented m the staff report for the hearing date of June 6, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report Staff has prepared findings consistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on February 2 and March 2 2006 At the public hearing they moved to recommend aonroval On June 6 2006 the Citv Council aunroved the subject aAphcahons. a. Summary of Public Hearing: i. In favor: Joann Butler, Jim Howard, Todd Campbell ii. In opposition: Don Brown, representing Rambo Subdivision iii. Commenting: Wendell Bigham iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. School site to be shared with property to south (Volterra Subdivision) ii. Fencing on north boundary iii. Stub street to property to south (Volterra Subdivision) c. Key Commission Changes to Staff Recommendation: Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 1 CITY OF MERIDIAN PLANl~; DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 6, 2006 i. Modify Condition 1.2.6 to read: "The preliminary plat shall be revised to relocate the amenities, i.e., tot lot, gazebo, barbeque, and clubhouse and pool area on revised Lot 11, Block 7. Lots 28, 29, 30, and 31 of Block 10, and Lots 4, 5, 6, 7 of Block 4 will be placed in the amenities original locations. This will consolidate all neighborhood amenities in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities and result in no loss of buildable lots." ii. Delete Condition 1.2.12 iii. Modify Condition 1.2.13 to read: "The applicant will hold the property labeled "School Site" on the Keego Springs preliminary plat dated January 24, 2006, while Joint School District No. 2 fmalizes negotiations with the developers of the Volterra Subdivision for the balance of the acreage needed for the school site. If the school district has not fmalized negotiations with Volterra by the earlier of June 1, 2006, or when utilities are available, applicant will replat the property identified as "School Site" in conformance with applicant's original plan." iv. Add a Condition which states: "Modify the plat to add a pedestrian micropath from Lago Drive to the school site at some point along the north boundary of Lot 20, Block 10." v. Add a Condition which states: "All perimeter fencing adjacent to the school site shall be restricted to open vision fencing." d. Outstanding Issue(s) for City Council: i. Staff recommends that Condition 1.2.13 should amended to read: "The applicant will hold the property labeled "School Site" on the Keego Springs preliminary plat dated January 24, 2006, while Joint School District No. 2 finalizes negotiations with the developers of the Volterra Subdivision for the balance of the acreage needed for the school site. If the school district has not fmalized negotiations with Volterra and the applicant for the "School Site" by the earlier of June 1, 2006, or when utilities are available, applicant will replat the property identified as "School Site" in conformance with applicant's original plan." ii. Variance to front setbacks: Staff is recommending denial of the subject Variance application (VAR-OS-024) for the reasons listed herein. We do not find that the application meets all of the fmdings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). Note: The application is unclear as to the specific front setbacks being requested. The applicant should clarify at the public hearing the specific front setbacks being requested and the lots to which the variance would apply. 3. PROPOSED MOTIONS Approve (AZ and PP) I move to approve File Numbers AZ-OS-058 and PP-OS-060 as presented in the staff report for the hearing date of June 6, 2006, and the revised preliminary plat dated 3~4, June 6, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (AZ and PP) I move to deny File Numbers AZ-OS-058 and PP-OS-060 as presented in the staff report for the hearing date of June 6, 2006, and the revised preliminary plat dated ~4, June 6, 2006 for the following reasons: (you must state specific reasons for denial). Approve (VAR) I move to approve File Number VAR-OS-024 as presented in the staff report for the hearing date Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 of June 6, 2006, and the revised preliminary plat dated January 24, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (VAR) I move to deny File Number VAR-OS-024 as presented in the staff report for the hearing date of June 6, 2006, and the preliminary plat dated January 24, 2006 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-058, PP-OS-060, and VAR-OS-024 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Black Cat Road, and south of Chinden Road (SH 20/26)/ 5910 N. Black Cat Rd Wl/2, Section 27, T4N Rl W b. Owners: Todd Campbell P.O. Box 140298 Boise, Idaho 83714 c. Applicant: Todd Campbell P.O. Box 140298 Boise, Idaho 83714 d. Representative: Kurt Reliford, JJ Howard Engineers e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of revised Preliminary Plat (attached as Exhibit Al): d,~4, June 6, 2006 2. Date of Landscape Plan (attached as Exhibit A2): Y=-~---=--= ~, '+~^~, June 6 2006 5. PROCESS FACT5 a. The subject application will in fact constitute an annexation 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. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-6B-2, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: March 10, 2006 e. Applicant posted notice on site by: March 24, 2006 Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 6, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land and rural residences b. Description of Character of Surrounding Area: The area is presently mostly agricultural land with rural residences, however the recent approvals of Bainbridge Subdivision to the east and Volterra Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and Zoning 1. North: Existing rural residences in Rambo Subdivision, zoned RUT (Ada County). 2. East: Approved Bainbridge Subdivision, zoned R-8. 3. South: Approved Volterra Subdivision, zoned R-4. 4. West: Agricultural land and rural residences in Compton's Subdivision, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: The site is currently not sewerable, it is in the "North Black Cat shed" design is currently underway but service will not be available until at least early 2008. Location of water: This site currently has no water service readily available. Public Works is currently in the decision making process to decide if water will be extended with the sewer or if it will be development driven. Issues or concerns: Public Works concerns revolve around the lack of services currently available, however there is a timeline for them and other developments in this section have been approved with the same conditions. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: McMillan lateral 5. Hazards: None known. 6. Proposed Zoning: R-8 7. Size of Property: ~A:4~ 50.41 acres f. Subdivision Plat Information 1. Residential Lots: ~-177 2. Non-residential Lots: 1 3. Total Building Lots: ~ 178 4. Common Lots: 9-12 5. Other Lots: N/A 6. Total Lots: ~-8g 190 7. Open Lots: 312 Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 4 CITY OF MERIDIAN PLANNI~ DEPARTMENT STAFF REPORT FOR THE H1~ING DATE OF JUNE 6, 2006 8. Residential Area: 3~:4~ 50.14 acres 9. Gross Density: 3-~3 3.58 units per acre (4:t~3 4.71 net density) g. Landscaping 1. Width of street buffer(s): 35 feet on Black Cat Road. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 3~ 3.29 acres/Fi~A4 6.56% 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Lot Size (Alleys) 4,000 square feet Min. Street Frontage 50 feet Min. Street Frontage (All eys) 40 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Black Cat Road to Cascada Street and from proposed extensions of Oceano Drive and Corazon Street. Staff recommends that the applicant should be required to connect to the approved stub from Volterra Subdivision to the south. Please see ACHD report and analysis below for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 176 single-family lots on 50.41 acres for a gross density of 3.53 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 5 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~TG DATE OF JUNE 6, 2006 • 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, property. The City of Meridian plans to provide annexed in the following manner: it planned to provide City services to the subject municipal services to the lands proposed to be • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary platproposes to extend two stub streets from Bainbridge Subdivision (Oceano Drive and Corazon Street) and staff has recommended that the applicant be required to connect to the stub street from Volterra Subdivision to the south, which is in compliance with the conditions of approval from ACfID. • Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Black Cat Road for Cascada Street, which was approved by ACfID and is supported by staff. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 6 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~TG DATE OF JUNE 6, 2006 The applicant is proposing a residential zone. Staff finds that the proposed single family residential properties to the south and east, and the existing residential properties to the north will be compatible with the proposed development. • Chapter VII, Goal 1V, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Bainbridge Subdivision to the east obtained R-8 zoning and I~olterra Subdivision to the south obtained R-4 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (3.53 d.u./acre) and zoning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 15, 2005 by James Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney Bill Nary at 888-4433 to initiate this process within 18 months of Crty Council approval of the annexation request The DA shall incorporate the following: • 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. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 7 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE I-1~ING DATE OF JUNE 6, 2006 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. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Landscape Lot along Cascada Street: The building lots along Cascada Street at the entrance to the subdivision in Blocks 1 and 10 aze what the Unified Development Code defines as "through lots," meaning they have frontage on two parallel streets. While City Code does not specifically prohibit through lots, staff does discourage their use to prevent traffic interference and control access to internal roadways. Staff recommends that the preliminary plat should be revised to place a 10-foot wide landscape lot, to be owned by the Homeowner's Association, along both sides of Cascada Street to the intersection of Invierno Avenue. This will prevent direct lot access to Cascada Street and ensure safe and efficient vehiculaz access on the subdivision access road. 2. Amenities: The applicant has proposed three separate community amenities near the center of the development: a bazbeque area, a tot lot, and a swimming pool with a clubhouse. The proposed amenities are located at the terminus of Cascada Street and are all separated by public streets. While staff supports the central location of the amenities, we find that the potential danger from pedestrians crossing the entrance road into the subdivision that could carry over 1,000 vehicle trips per day outweighs the benefits. Staff recommends that the amenities should be consolidated in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities. The relocation would not result in a loss of buildable lots, as the tot lot and bazbeque azea could be moved adjacent to the pool area and the eight home sites that this would displace could be moved to the former location of the tot lot and bazbeque area. Pazkwa~ The applicant has proposed a 34-foot street section with 5-foot detached sidewalks sepazated from the roadway by an 8-foot parkway strip which contains street trees. Staff is supportive of this design, with the restriction that the tree species are limited to Class II trees per UDC 11-3A-17 and that the portion of the detached sidewalk which lies outside of the right-of--way be contained in an easement to benefit the Ada County Highway District. Setbacks will be measured from the back edge of the sidewalk. 4. Stub Streets: Per the ACHD report, the preliminary plat shall be revised to show a public street connection to the stub street approved with Volterra Subdivision which lies approximately 330 feet east of Black Cat Road. Staff is supportive of the two other stub street connections shown, Corazon Avenue and Oceano Drive. Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 8 CITY OF MERIDIAN PLAN; DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 6, 2006 5. School Site: In response to concerns expressed by the Joint School District No. 2, the applicant has revised their proposal to include a school site which will lie partly within the proposed subdivision, and partly within the previously approved Volterra Subdivision. Staff is supportive of this configuration with the following change: The preliminary plat should be modified to eliminate the building lots shown as Lots 19, 21, and 22, Block 10, and include the land in the proposed school site. Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. The school site will require conditional use approval prior to construction and is not approved with the subject applications. 6. Allevs: The proposed subdivision has building lots with access to proposed alleys. Staff is supportive of the design and the proposed lots and alleys meet the dimensional requirements of the Unified Development Code, and the alleys were approved by ACRD. 7. Variance for Block Length and Setbacks• The applicant has submitted a Variance application for reductions to the front setbacks. The applicant has not stated what they are requesting for front setbacks; the applicant shall address the front setbacks at the public hearing and submit revised information which clarifies the variance request prior to being scheduled for a City Council hearing. Pressure Irrigation• The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 9. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8, 2005) with the preliminary plat application for the subdivision. The applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 10. Common Areas: Maintenance of all common areas shall be the responsibility of the Keego Springs Home Owners' Association. 11. Ditches Laterals and Canals• Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: The applicant has requested a variance for reduced front (street) setbacks for the alley loaded lots contained in Blocks 2, 3, 11, and 12. The required setbacks in the R-8 district are 20 feet to the garages and 15 feet to the living areas. The proposed subdivision is located on vacant land and there are not existing site constraints which justify the Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~IG DATE OF JUNE 6, 2006 reduction of building setbacks. The applicant has the ability to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. Note: The application is unclear as to the specific front setbacks being requested. The applicant should clarify at the public hearing the specific front setbacks being requested and the specific lots to which the variance would apply. b. Staff Recommendation: Staff recommends anvroval of AZ-OS-058 and PP OS 060 and denial of VAR-OS-024 for Kee~o Shrines Subdivision as presented in the staff report for the hearing date of June 6, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. On June 6.2006 the City Council auoroved the subiect apAhcattons• 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: ~, 2006) 2. Landscape Plan (dated: deg*°--~~-°•• 4, ~^^~ June 6, 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 C. Legal Description D. Required Findings from Zoning Ordinance Keego Springs Subdivision AZ-OS-058, PP-OS-060 PAGE 10 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE I~~1G DATE OF JUNE 6, 2006 A. Drawings 1. Preliminary Plat (dated: 3~, June 6, 2006) . ~~, _ --. s-~P _ N. BLACK Cr1T ROAp a =-- .. r. - --- ~- ~`- ~ ~- ~ --- -r.c. _- _ _ i A , 4 ;' 1 ~ 6 - -------- b ~N ! ~ ti f! . ¢! ~ ~~ ~ h ~ a -__--_- F, fi h M h k l _ ' ~ ~ ~ - , / ~ ~ ~ f ' ~ h ~ ~ ~, N - ~ 8 !~ ~; 1 `~ 1:,, M m'ISS ^ PR OI0880 1t1E9 ~Z ` ! i i °[ [ I II i ; fia~~~~I Icy ~ ~ I I MoD j J~ II 1 ~ ~ ~ [ I ~ ~ "f I 'r T [ [ [t I [ i "g ~ Ai ~ I ~[ ~ 1 ~1 B ; g I I ~ [ ~ " "[IaH~~r[S~ - ----.. 1 ~ I _ ~ r~•rp~;i~9i ~~ .r- - ~ ~ ~ a~fl i i - ~~~ ~.i -p" 0 '~ j ~6L i ~ "- 6~I f ~ ~o to '^ " e o ~ - i ~ ~ ~~ ~ ~ -o~ " I"ee B Ai9B -i Exhibit A CITY OF MERIDIAN PLANN~IDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 6, 2006 2. Landscape Plan (dated: e°..*°....i.°- 4, ~nnc June 6, 2006) wT .; 3 ~~ 1 ~--~- t/ 1 [(~"i F., --~„ ` ~..... ~: ',11 l Ef . ~ ~`A `e ~" l ti ~ ~w ~ I r ~ 1: * ti~~~ a ~` , •. ti. (.'~Fjr i ~ ~ f i s \ 4: T~ 3 i T i 3~ I c c - ~ _ ~G ~_ ~ ~e a , ~: ., A ': ~ ~ ` i r ~.' ~ ~ ' Q ~ ~ '.. _ ~. g 4' ;r ffi ~i. `' ~ _ ~ ~ ~ ~ R a ; a , ~ ~ w. V ~... _ _ '" ~z J Exhibit A CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE H)~G DATE OF JUNE 6, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The a licant shall contact the Ci Attorne Bill N at 888-4433 to initiate this process within 18 months of Citv Council approval of the annexation request The DA shall incorporate the following: • 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. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • 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. • Prior to issuance of any building permit, the subject properly be subdivided in accordance with the City of Meridian Unified Development Code. • Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. 1.2 SITE SPECIFIC REQUIREMENTS-pRELIMINARI, pLAT 1.2.1 The preliminary plat prepared by JJ Howard Engineering, dated ~, June 6. 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-058) shall also be considered conditions of the Preliminary plat (PP- OS-060). 1.2.2 Maintenance of all common areas shall be the responsibility of the Keego Springs Subdivision Homeowners' Association. 1.2.3 The preliminary plat shall be modified to reflect the conditions contained in this report and 10 copies shall be submitted no later than 10 days prior to the City Council hearing on the applications. 1.2.4 The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.2.5 The preluninary plat shall be revised to place a 10-foot wide landscape lot, to be owned by the Homeowner's Association, along both sides of Cascada Street to the intersection of Invierno Avenue. 1.2.6 The preliminary plat shall be revised to relocate the amenities i e tot lot gazebo barbeque and clubhouse and pool area on revised Lot 11 Block 7 Lots 28 29 30 and 31 of Block 10 and Lots 4 5 6 7 of Block 4 will be laced in the amemhes on a1 locations. This will consolidate all nei borhood amenities in one location to prevent pedestrians crossing_public streets as nei borhood residents use the facihhes and result in no loss of buildable lots Exhibit B CITY OF MERIDIAN PLANI~~ DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 6, 2006 1.2.7 Per UDC 11-3A-17, the 8-foot parkways shall be restricted to Class II tree species. 1.2.8 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-acess and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.2.9 Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. 1.2.10 There shall be a 20-foot by 20-foot parking pad provided on all alley loaded lots between the garage and the alley edge per UDC 11-3C-6. 1.2.11 The preliminary plat shall be revised to show a public street connection to the stub street approved with Volterra Subdivision which lies approximately 330 feet east of Black Cat Road. ~~ AIr-FI~1 n ~ ,.,~a .„ ~~. a L , 1.2.13 , ~ •+e» +i, v ~ r ~ c~t~d-~-v ~Tnn~(a ~nnc i, t r «+ c„i.,.,.i n• . • ,. rr ~ ~ ~• ~elee~-~ cif x}-i~~,1.t~rK~ 4, ~ ' ,.~. ~.,.~.. ~,~, ~~ed e~ `'tea s~'~aar~- lf the school district has not finalized negotiations with Volterra and the applicant for the "School Site" by the earher of d{tne-~ December 1 2006 or when utilities are available apphcant will replat the property identified as "School Site" in conformance with apphCBIIt'S OrIQlnal plaII. 1.2.14 Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. 1.2.15 The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8, 2005) with the preliminary plat application for the subdivision. The applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. The applicant has also agreed to provide solid vinyl fencing on the north property boundary and adiacent to the school site Any perimeter fencing must be completed prior to issuance of building permits All fencine should be installed m accordance with UDC 11-3A-7. 1.2.16 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.17 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.18 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2.19 Modi the lat to add a edestrian micro ath from La o Drive to the school site at some oint alone the north boundary of Lot 20 Block 10 1.2.20 All perimeter fencine adiacent to the school site shall be solid vinyl fencma. Exhibit B CITY OF MERIDIAN PLANI~~ DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JUNE 6, 2006 1.3 GENERAL REQUIREMENTS PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the 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. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is under design at this time, however it will not be allowed to be activated until the upgrades to tine treatment plant are completed, projected completion date is early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. 2.2 At such time as the development is sewerable the applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 6, 2006 2.3 No "interim" or "temporary" sewer lift stations shall be allowed. 2.4 Water service to this site is being proposed via extension of future mains in Black Cat Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "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 a letter of plan approval 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 (tTDC 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 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Add a note that states which lots are to be common lots and addresses ownership and maintenance of said lots. 2.10 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.11 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. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction Exhibit B CITY OF MERIDIAN PLAM~ DEPARTMENT STAFF REPORT FOR THE H~NG DATE OF JUNE 6, 2006 inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIItE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF NNE 6, 2006 no less than %z the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the south. 9. Building setbacks shall be per the International Building Code for one and two story construction. 10. The proposed 176-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 510 residents at build out. 11. 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. 12. Provide a Knox box entry system for the complex prior to occupancy. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic cahning design to decrease travel speeds on Invierno Avenue. 2. The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 3. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions o~pp~oval The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet ofright-of--way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of--way. Exhibit B CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimurn 5-foot wide concrete sidewalk along Black Cat Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Cascada Street to intersect Black Cat Road approximately 800-feet north of the south property line, as proposed. Construct the internal streets as 34-foot street sections with rolled curb, gutter and 5-foot sidewalks that are detached by an 8-foot landscape strip within 50-feet ofright-of--way. Provide the District with an easement for the sidewalk that is proposed to be located within an easement outside of the right-of--way. Provide the District with Fire Departmental approval to construct the reduced street section. 4. Extend Oceano Drive from the east property line approximately 630-feet north of the south property line, as proposed. 5. Construct Corazon Street as a stub street to the east property line approximately 100-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 6. Shift the proposed stub street that is proposed to be located approximately 480-feet east of Black Cat Road approximately 140-feet to the west to match the stub street that was previously approved with Volterra Subdivision. 7. Construct two 20-foot wide alleys located between Corriente Street and Oceano Street and Azul Street and Corazon Street, as proposed. Dedicate 20-feet ofright-of--way for the alley and pave the right-of--way its entire width. An access to an alley shall be located a minimum of 25-feet from the nearest public street. 8. Construct a center island within Cascada Street, as proposed. Construct the island to be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a Z1-foot street section on either side of the island. 9. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 10. Comply with the District's Interim Tree Planting Policy. 11. Construct a left hand turn lane on Black Cat Road at the intersection of Cascada Street. Coordinate the design of the turn lane with District staff. 12. Construct a right hand turn lane on Black Cat Road at the intersection of Cascada Street. Coordinate the design of the turn lane with District staff. 13. Other than the access point that has specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note stating this access restriction will be required on the final plat. Exhibit B CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H~[NG DATE OF JUNE 6, 2006 14. Comply with all Standard Conditions of Approval. Standard Conditions o~pproval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACHD 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. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD 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 Exhibit B CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HI~1VG DATE OF JUNE 6, 2006 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 properly unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 6, 2006 C. Legal Description Y VI 7~ ~?PPF~rJW ~-~,~ EXIiIEIT A rn~ttllJlAM PUBLIG PROPERTY DESCRIPTION ,^,nR~ oePT FOR KEEGO SPRINGS A parcel of land tying in the VJl/2 NWl/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel Ming more particularly described as follows: Co'm°enC'ng at a point marking the W I /4 Comer of said Section 27, said point also being the POINT OF BEGINNING; Thence N.00° 10'43"W, 1649.32 feet along the west line of the said NW 1 /4 of Section 27 to a point; Thence S.89°58'27"E. 1324,17 feet to a mint lying on the east line of the said W 1 /2 NWl/4 of Section 27; Thence S.00°12'35"E, 1648.50 feet along the said east line of the Wl/2 NW 1/4 of Section 27 to a point marking the W 1/16 Corner of said Section 27; Thence S,89°59'25"W. 1325.06 feet along the south line of the said NW 1 /4 of Section 27 to the POINT OF BEGINNING. Said parcel contains 49.95 acres, more or less, and is subject to all existing easements and right-of-ways of record or implied. Keega Springy Leal deseriptia» tNJ1~USlmm dno Exhibit C CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 6, 2006 SU~DMSION s~ a~P,~a ~+.~1~ MErZID1ARJ PUBUC WORKS SEPT. .~ ~ ai p 4.t~ ~ SUBJECT ~ sueonnswN I ~~ I Zi I W /4 CORNER NSECTION 27 T 4 N, R 1 W, ®,Ael, ADA COUNTY ~NIBIT B e-3®o~ 31a~ ~ ao u Intl soc, goo SCALE UV FEET Exhibit C • wrcrtr UWE CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JUNE 6, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council fmds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fmds that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 6, 2006 adopted Comprehensive Plan. Staff generally supports the proposed plat layout and proposed density as they comply with the provisions of'the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available- to accommodate the proposed development. (See fmding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fmds that the subdivision will not regl~ire the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council fmds that the granting of a variance to the :property would grant a right or privilege that is not otherwise allowed in the district. There are not existing site constraints which justify the reduction of building setbacks and the applicant has the ability to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. 2. The variance relieves an undue hardship because of characteristics of the site; The proposed subdivision is located on vacant land a;nd there are not existing site constraints which justify the reduction of building setbacks. The applicant has the ability Exhibit D CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JUNE 6, 2006 to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. Based on this fact, City Council fords that special circumstances do not exist which create an undue hardship on the property. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council fords that allowing the reduced front setbacks to be reduced would not be detrimental to the public health, safety, and/or welfare. Exhibit D i June 23, 2006 AZ 06-020 MERIDIAN CITY COUNCIL MEETING June 27, 200b APPLtCANT Northwest Pipeline Corporation ITEM NO. 5-D REQUEST Findings for Approval -Request for Annexation anal Z oning of 4.65 acres from RUT to a C-G zone for Williams Pipeline - 1301 Locust Grove Road ~~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See altach~ F7nn~ngs 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• , ~ . S'go'D Emailed: ~ ~ ~ / ~ ~ ~ +~ ~~ ,GG . C~J Staff Ini fiats: l~ Materip~ presented at pub8c meetings sha8 become ProPedy of the City of Meridian. ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • FiECEIVEY^ ~ u z ~ Zoos Cit3° Ot :~~eridian (,~~t~ ~~yl~~c~ Office f~f'9'Y'ti~ ~1,~~~:~it_W 11 4 «u.~~a i ~•,.~. ~.3. ~F. e r} 1 In the Matter of Annexation and Zoning (AZ) to C-G (General Commercial) for 4.65 acres of property currently zoned RUT in Ada County by Williams Pipeline, also Northwest Pipeline Corporation Case No(s). AZ-06-020 For the City Council Hearing Date of: June 6, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date: of June 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 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 andl 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-06-020 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 cif approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and B.IIy Conditions of Approval in the attached Staff Report for the hearing date of June 6, 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 acre herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning as evidenced by having submitted the Annexation and Zoning Application is hereby approved; and, 2. The provisions of approval are as shown in the attached Staff Report for the hearing date of June 6, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of June 6, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-06-020 • By action of the City Council at its regular meeting held on the Z ? ~' day of ~~~~'%-~ , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED-~6~~_ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: . ~~~ WILLIAM G. BERG, JR., ~o ~~ ~r ~ 0 a l~ • \w 7 .~ ~o 4~ ifs/Jf'6f,`I I~v~,~~~~~`pp VOTED_~~~~ti VOTED_~~ Gt/ VOTED_~~~ VOTED "~ ~ Pi~PJi~~,` Nil Pfi Copy served upon: ~ Applicant ~ Planning Department ~ Public Works Department City Attorney BY~ Dated: ~"?J'~~ Ity Clerk's Office .~ .` CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-020 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF Ji1NE 6, 2006 - 1 STAFF REPORT Hearing Date: 6/6/06 a ° ' ~- CF$-6`~CS~ ~F1kI, ~Y~ TO: Mayor and City Council - -_ ; FROM: Joe Guenther, Associate City Planner, q io;e~r, w' Jenny Veatch, Associate City Planner °~~ ~' Meridian Planning Department s ~~~~ a,~ {4~ ~, ~a ~^~~ 208-884-5533 SUBJECT: Williams Pipeline Annexation AZ-06-020 Annexation and Zoning of 4.65 acres from RUT (Ada County) to C-G (General Commercial). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Williams Pipeline also Northwest Pipeline Corporation, has applied for Annexation and Zoning (AZ) to C-G (General Commercial) for 4.65 acres of property currently zoned RUT in Ada County. The site is located on the south side of Interstate 84, at the intersection with Locust Grove Road. This site is currently commerciaUindustrial with one office building and accessory buildings with storage of maintenance equipment. The applicant is proposing to construct an office and associated storage/maintenancebuildipgs on the site. 2. SUMMARY RECOMMENDATION The subject property is within the Urban Service Planning Area. Staff has provided detailed analysis and recommends that the subject be approved with the provisions detailed in this report. Staff is recommendine approval of the Williams Pipeline Annexation, submitted as AZ-06-020 with the conditions listed in Exhibit B of the Staff Report The Meridian Plannin¢ and Zoning Commission heard the item on Apri120 2006 At the public hearing they moved to recommend approval. At the June 6, 2006, Meridian City Council hearing the Council voted to approve the subiect application. a. Summary of Commission Public Hearing: i. In favor: Wes Steele (representing applicant) ii. In opposition: none iii. Commenting: none iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: none b. Key Issues of Discussion by Commission: i. none; c. Key Commission Changes to Staff Recommendation: i. none d. Outstanding Issue(s) for City Council: i. none 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-020 as presented in the staff report for the hearing date of June 6, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial WILLIAMS PIPELINE Annexarion - AZ-06-020 PAGE I CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HE~DATE OF JUNE 6, 2006 After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 020 as presented in the staff report for the hearing date of June 6, 2006, for the following reasons: (you should state specific reasons for denial of the annexation). I further move to direct Legal Department Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on June 6, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 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: 1301 S. Locust Grove Road b. Owner/Applicant Williams Pipeline, LLC 1301 S. Locust Grove Road Meridian Idaho 83642 c. Representative: Wes Steele, Habitec d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Mixed Use Community f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C-G (General Commercial) for 4.65 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: The site is located on a main collector which will be upgraded as a major arterial with the future Locust Grove Overpass. The subject property is appropriate for commercial/office uses. The use will not change from County to City jurisdiction. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Apri13 and April 17, 2006 (for Planning & Zoning Commission hearing) and May 1 and May 15, 2006 (for City Council hearing). c. Radius notices mailed to properties within 300 feet on: March 31, 2006 (for Planning & Zoning Commission hearing) and Apri128, 2006 (for City Council hearing). d. Applicant posted notice on site by: April 10, 2006 (for Planning & Zoning Commission hearing) and May 13, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The parcels to the south and west are WILLIAMS PIPELINE Annexation - AZ-06-020 PAGE 2 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HE~DATE OF JUNE 6, 2006 either zoned commercial or proposed commercial zones. To the north is the interstate with the proposed ACHD right of way for the Locust Grove Road overpass. This area is rapidly transitioning from rural to urban commercial. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned C-G 2. East: Future Right of way, zoned II, 3. South: vacant commercial, Maverick, Ada County RUT and Meridian City C-C 4. West: Single-family-vacant farm site, zoned RUT d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is available in Locust Grove Road. Location of water: Water is available in Locust Grove Road Issues or concerns: Without conceptual sewer design it is difficult to determine if this property will all gravity to existing mains. 2. Vegetation: none. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: C-G (General Commercial) 7. Size of Property: 4.65 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application as they intend to keep the entire site for their own uses. Staff recommends that the City waive the requirements of the Development Agreement (DA) for developing the subject property. Please see Analysis below for recommended DA provisions. g. Landscaping: 1. Width of street buffer(s): Per City Code, a 25-foot wide landscape street buffer is required adjacent to Locust Grove Road, a recently classified arterial roadway (UDC 11-2A-4). 2. Width of buffer(s) between land uses: N/A all properties are proposed as C-G h. Required Commercial Standards: C-G Setbacks Proposed Required Landscape (Commercial) Arterial Road (Locust Grove) NA 35 I-84 (Future) NA 50 i. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not WILLIAMS PIPELINE Annexation - AZ-06-020 PAGE 3 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 proposing to develop/plat this property at this time. There will be a future arterial roadway east of this site which will eventually overpass Interstate 84Road. The subject site will be land locked by the Interstate 84 and overpass construction; therefore, the applicant will be required to have a new access at the south end of the site. 7. COMMENTS MEETING On March 31, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-C has up to 200,000 on the square footage of non- residential uses and is intended to allow a broad range of uses. Staff recommends that the Commission and Council rely on any verbal or written testimony that maybe provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian WILLIAMS PIPELINE Annexation - AZ-06-020 PAGE 4 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HE~DATE OF JiJNE 6, 2006 YYastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a commercial zone adjacent to proposed or established commercial districts. Staff finds that impacts to the existing residential properties to the south and west can be limited through design as to be compatible with the proposed development if appropriate fencing, access points, and landscaping are installed with this project and in cooperation with the future ACl~ interstate overpass. • "Permit new...commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) The curb cuts and access points will be designed to be consistent with other proposals of this size and nature. HoweveY these will be approved with the filing of a detailed development proposal and full review by ACFID. • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) No stub streets are currently provided to the subject site. See bullet above. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application: "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) Stafffinds that the proposed C-G zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location WILLIAMS PIPELINE Annexation - AZ-06-020 PAGE 5 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF JUNE 6, 2006 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on February 24, 2006 by Michael Engebritson, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 not necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive elan designation and does not ne atively impact nearbv properties. W~lhams pipeline has been at the site since 1959 and the uses are not expected to chance. The applicant shall be subject to all standards of the UDC mcludmg a Certificate of Zoning Compliance for new structures and alternative compliance for the existing structure if it is to remain b. Staff Recommendation: Staff recommends that the applications for the subject property be approved with the associated development agreement which would be in the best interests of the city to be annezed into the City with a C-G zoning designation with the aforementioned Annexation & Zoning provisions. All future development would be subject to staff level review and future detailed approval consistent with the UDC. On June 6. 2006, the Meridian Citv Council voted to aonroval the subiect aAAh= 11. EXI~ITS A. Legal Description B. Conceptual Site Plan C. Required Findings from Zoning Ordinance WILLIAMS PII'ELINE Annexarion - AZ-06-020 PAGE 6 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF JUNE 6, 2006 Exhibit A -Legal Description L.'sLl~.~ EIVGEBIPITS01VLA1YDSU.BI~EpS,IIY~ 2251 S Sr~nac Besse, ldal-o 83705 TelBphotle (20eJ 8~9-~32 Fax (208j 383-0892 Fly 24, e~~-~.~P,~ 4-S I~. G`~ l~ h1ERIDIAN PU6LIC WORKS DEPT. Ada Cau-iy Assessa's Ntert6er S11184492pp Cam 4.i~ saes +F E °A" T1~e bard of end c~orNaa~s 4.@9 ernes a 2f14,119 ssp~e fed nnre a less and is sect b aY efts end ~r. See Exh~'B' wed h~to end nr~ a part of. C~CTS12601 aoBAFGIE7cD~TtON Q~506.OUC CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR TIC HEA~ DATE OF JUNE 6, 2006 A. Legal Description-drawing 03/23!2006 09:15 2089389700 I-~BITEG Pr~GE ~ 22 06 05:47p M-'k~ Er~ehrits~ (~ 3d va 18 17 ~ ~ ~ .g ~~ ~~ ~~ ~~ ~, v8'tZ£ ~r~so-se W ~ ~~ tzip ^ ( 'rN7 ' y~~ ~~ N ~ ~" ( g ~-. ~~ ` ~ v ~ r ~~ ~~ ~ i w ~~ ~ i i ~~ ~~:~ ~ ~ 1~.,~~ ~ ~~~ ~~~ ~~ o ~+. ~ ~ ca ~ ~ Q (!~ e~~ ~ ~ W @ ~ a~ ~`tE~~ COs m~~~ ~O~ Z~~ CSO~ `~ c~~iN ~p ~y`p~d~~ w M W is Ih ~ ~ ~ ~ ~"' ~~. ~ lg ~~a ~~~ ~~, ~ w ~ ~~ N ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~e ~ A ~:~~~~~~ y ~`-y .H't1t~ .4D'9 , ~ ~ ~ ~ S3 ;_ M„95,9 681V ~ ~y 66'tb L ..s u ~ ma ~ O~ ~ ~ ' _~ (~ ~ ~ ~~ ~ ~ ~ O C)~Ob OMI7N3/tD 3 18 ~ 1 ~ ~ ~ ~ ~ -. 19 20 ~ ~ ~ A-1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF JUNE 6, 2006 B. Conceptual Site Plan r ~>~. wl«lalas PIPELINE BOISE DIET&ICT OFFICES ~,~~~~ CITY OF MERIDIAN PLANNINARTMENT STAFF REPORT FOR THE HEAR~DATE OF JUNE 6, 2006 C. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. 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; No development is proposed concurrent with the zoning map amendment. Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council relies 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 (UDC 11-SB-3.E). Council finds that the annexation and zonin of this ro to C-G would be in the best interest of the Citv LJ June 23, 2006 MERIDIAN CITY COUNCfL MEETING • VAR 06-011 June 27, 2~6 APPLICANT Richard Handke ITEM NO. 5-E REQUEST Findings for Approval -Request for a Variance to allow for larger temp structures from the max 50Q sf allowed per UDC for fireworks sales, Christmast trees, and produce sales for Fat City Fireworks AGENCY CITY CLERK: CITY ENGINEER: C11Y 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 aitacfied Findings ~onracted. Date: ~~~~o~ Phone: - d ~f Emaifed: ~ ~ ~ ( ~ Staff Initials: Materials presented at public meetangs shah become property of The CHy of Meridian. ~h'Ca, `e i ~ R,~CEi~~ JUN 2 3 2006 City ®f Meridian Czty ~i'prk Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER a ~ f~ „ ~~~ # r -~ ~~ _ ~; ~ ~~l~ti~ ~ ~ ~ s ,~.,~~~ i~A~ ` Y~ 'j~7 F`~$ ~, ~~-- , ,, Request for a Variance from Section 11-3E-4C1 (temporary structure size) of the Unified Development Code, to allow for temporary sales tents that exceed the maximum square footage allowance, located at 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and the northwest corner of Ten Mile Road and W. Franklin Road, by Fat City Fireworks. Case No: VAR-06-011 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 06/06/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 06/06/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 06/06/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 06/06/06 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-06-011 -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 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 applies to 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and the northwest corner of Ten Mile Road and W. Franklin Road. 8. That this variance approval allows for temporary sales tents to exceed the 500 square foot maximum permitted per UDC 11-3E-4C1 to a maximum square footage of 750. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Variance application is hereby approved for temporary structures up to 750 square feet for the reasons cited in the Staff Report for the hearing date of 06/06/06; D. Attached: Staff Report for the hearing date of 06/06/06 with findings modified to reflect City Council's decision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-011 -PAGE 2 of 3 C~ • By action of the City Council at its regular meeting held on the 2 ~~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED--~~~~~ COUNCIL MEMBER JOE BORTON VOTED_ i~~~l. COUNCIL MEMBER CHARLIE ROUNTREE VOTED~~ COUNCIL MEMBER KEITH BIRD VOTED_ `~~il.. TIE BREAKER MAYOR TAMMY de WEERD VOTED °'~' ~ P~~t~~ WILLIAM G. BERG, '~rl/ryiaP19 By: City Clerk's Office Dated: ~ - 3 ~ 0 LP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA5E NO(S). VAR-06-011 -PAGE 3 of 3 ~yi~. Copy served upon: ~ Applicant Planning Department ~ Public Works Department City Attorney CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 ,1 ~, ~,: STAFF REPORT Hearing Date: June 6, 2006 G~~ ~~ 1' ~~°~~ ~ t~ _ r°~ ,, TO: Mayor and City Council ~; f"~~ ,~ ~'~ FROM: Kristy Vigil, Assistant City Planner ~~-,f• t`~'~~' yy_ SUBJECT: Fat City Fireworks Variance 4f;~°~~~~.r,4~~,~~, ~_ ~ = ' ' File No. VAR-06-011 Variance request to UDC 11-3E-4C1 to allow for temporary sales tents that exceed the maximum square footage allowance, by Fat City Fireworks 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3E-4C1 of the Unified Development Code (UDC) that restricts temporary structures to a maximum of 500 square feet. The Variance application submitted is to operate temporary fireworks stands at 3301 W. Cherry Lane (1), 20 E. Fairview Avenue (2), 1375 E. Fairview Avenue (3), and the northwest corner of Ten Mile and Franklin Roads (4), and to operate seasonal Christmas tree lots, produce stands, and fireworks stands at 535 N. Eagle Road (aka 3001 E. Commercial Ct.) (5) and 97 S. Main Street (6). The request includes proposals for six 750 square foot temporary sales tents at the location mentioned above. 2. Hearing facts The Meridian City Council heard the item on June 6, 2006. At the public hearing thye moved to approve the variance request. a. Summary of Public Hearing: i. In favor: Richard Handke, Applicant ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning v. Other staff commenting on application: Joe Silva and Bill Nary b. Key Issues of Discussion by Council: i. Size of temporary structures for fireworks stands and safety concerns of larger temporary structures; ii. Amending the UDC (Section 11-3E-4C) to allow larger temporary structures for fireworks stands and to involve temporary vendors; c. Key Council Changes to Staff Recommendation: i. The Council voted to recommend approval of the requested variance. 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR-06-011, as presented in the Staff Report for the hearing date of June 6, 2006 and direct Legal Staff to prepare the appropriate findings document for denial. Approval I move to approve File Number VAR-06-011, as presented in Staff Report for the hearing date of June 6, 2006 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the specific following changes: (State how the variance meets the findings in Section 9.1 of the Staff Report.) Continuance Fat City Fireworks Variance VAR-06-011 Page 1 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 I move to continue File Number VAR-06-011, 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(s): 1) 3301 W. Cherry Lane; the southwxxxxest corner of Ten Mile Road and Cherry Lane in the Albertson's parking lot. Township 3N, Range 1W, Section 10 2) 20 E. Fairview Avenue; the northeast corner of Fairview Avenue and Meridian Road in the Albertson's parking lot. Township 3N, Range lE, Section 6 3) 1375 E. Fairview Avenue; west of Stonehenge Plaza. Township 3N, Range lE, Section 7 4) The northwest corner of Ten Mile and Franklin Roads. Township 3N, Range 1 W, Section 10 5) 535 N. Eagle Road (aka 3001 E. Commercial Ct.); Elixir Industries parking lot. Township 3N, Range lE, Section 8 6) 97 S. Main Street; the southwest corner of Main Street and Franklin Road. Township 3N, Range lE, Section 18 b. Owner(s): 1) Albertson's PO Box 20 Boise, ID 83726 2) Albertson's PO Box 20 Boise, ID 83726 3) Manuas, LLC 822 S. 10`" Avenue. Caldwell, ID 83605 4) Cherry Lane Christian Church PO Box 671 Meridian, ID 83680-0671 5)Elixir Industires 17905 S. Broadway Street Gardena, CA 90248-3509 6) Marshall K. Coryell, Trustee 4141 B St., Ste. 208 Anchorage, AK 99503 Fat City Fireworks Variance VAR-06-011 Page 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 c. Applicant: Fat City Fireworks 3565 W. Muirfield Drive Meridian, ID 83642 d. Representative: Richard Handke, Fat City Fireworks e. Present Zoning: 1) Neighborhood Business District (C-N), Meridian 2) Community Business District (C-C), Meridian 3) General Retail and Service Commercial District (C-G), Meridian 4) Neighborhood Business District (C-N), Meridian 5) Light Industrial District (I-L), Meridian 6) General Retail and Service Commercial District (C-G), Meridian f. Present Comprehensive Plan Designation(s): 1) Commercial - 2002 Comprehensive Future Land Use Map 2) Commercial - 2002 Comprehensive Future Land Use Map 3) Commercial - 2002 Comprehensive Future Land Use Map 4) Mixed Use-Regional - 2002 Comprehensive Future Land Use Map 5) Mixed Use-Regional - 2002 Comprehensive Future Land Use Map 6) Commercial - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: The applicant is requesting a variance from Section 11-3E- 4C 1 of the Unified Development Code (UDC) that restricts temporary structures to a maximum of five hundred (500) square feet. The Variance application submitted is to operate temporary fireworks stands at 3301 W. Cherry Lane (1), 20 E. Fairview Avenue (2), 1375 E. Fairview Avenue (3), and the northwest corner of Ten Mile and Franklin Roads (4), and to operate Christmas tree lots, produce stands, and fireworks stands at 535 N. Eagle Road (aka 3001 E. Commercial Ct.) (5) and 97 S. Main Street (6). The subject request proposes six 750 square foot temporary sales tents at the locations mentioned above. 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 8s', 2006 and May 15~', 2006 c. Radius notices mailed to properties within 300 feet on: May 3`~, 2006 d. Applicant posted notice on site by: May 20~`, 2006 6. LAND USE a. Existing Land Use(s): 1) Albertson's retail store, 2) Albertson's retail store, 3) vacant land, 4) vacant land, 5) Industrial park, and 6) vacant land b. Description of Character of Surrounding Area: Primarily, Commercial and residential uses in Ada County and the City of Meridian. a Existing Constraints and Opportunities Fat City Fireworks Variance VAR-06-011 Page 3 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 1. Public Works Issues or concerns: None 2. Vegetation: None 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazazds: None Identified 6. Size of Property: 5.707 acres (3301 W. Cherry Lane)(1) 3.853 acres (20 E. Fairview Avenue) (2) 2.345 acres (1375 E. Fairview Avenue) (3) 33.76 acres (Northwest corner Ten Mile and Franklin Roads) (4) 13.89 acres (535 N. eagle Road (aka 3001 E. Commercial Ct.) (5) 2.49 acres (97 S. Main Street) (6) 7. Description of Use: Operation of six fireworks stands, two produce stands, and two Christmas tree lots in commercial and industrial azeas. d. Subdivision Plat Information - N/A e. Landscaping - N/A f. Planned Development Characteristics - N/A g. Amenities - N/A h. Off-Street Parking -Per UDC 11-3E-4.E, adequate off-street pazking for the use must be provided. i. Proposed and Required Residential Standazds - N/A j. Proposed and Required Non-Residential Standards -See Section 9.2 below. k. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The applicant is proposing to use existing pazking and curb cuts on the sites for the temporary fireworks stands, Christmas tree lots and fruit stands. 7. AGENCY COMMENTS MEETING - N/A 8. COMPREHENSIVE PLAN POLICIES AND GOALS There aze not many policies and goals in the Comprehensive Plan that aze relevant to the subject application and associated uses. Four of the subject sites aze designated `Commercial' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas providing a full range of commercial and retail to serve areas residential and visitors. Furthermore, two of the subject sites designated `Mixed Use- Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defimed as key areas which aze either infill in nature or situated in highly visible or transitioning azeas of the city where innovative and flexible design opportunities aze encouraged. The Comprehensive Plan is silent on variance requests in residential zones. However, temporary uses aze allowed in C-G, C-C, C-N, and I-L zones, as accessory uses (UDC 11-2B-2 Table 11-2B-2 and UDC 11-2C-2 Table 11-2C-1) (please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that the following UDC sections aze pertinent to the Variance application (staff analysis in italics below section): Fat City Fireworks Variance VAR-06-011 Page 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 9.1 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: Temporary uses are allowed as accessory uses in the C-C, C-N, C-G, and I-L zones. However, UDC 11-3E-4C1 restricts the size of a temporary structure to a maximum of 500 square feet. However, the Council has stated that they would like to amend the UDC to consider larger temporary structures. Therefore, City Council finds that this approval will not grant a special privilege. Furthermore, the City Council fmds that City Code 5-4- 15M allows for a temporary structure up to 750 square feet B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds there are no physical characteristics of the sites which require the applicant to operate within alarger-than-allowed temporary structure on the sites. The Council further finds that there are no major canals or ditches running through this lot, and there are no topographical features or other physical characteristics which would prevent full compliance with the standard temporary structure size. However, by amending the UDC to allow temporary structures to be larger than 500 square feet (see previous Finding), a variance would not be required in this instance. Therefore, The Council finds that the variance relieves an undue hardship. C. The variance shall not be detrimental to the public health, safety, and welfare. The Council fmds that allowing 750 square foot temporary structures on the sites will not be detrimental to the public health, safety, and/or welfare. 9.2 Below are some of the provisions for a temporary use, as stated in UDC 11-3E that the applicant should be required to comply with as part of the issuance of a CZC for temporary, seasonal stands: • Except as otherwise defined in this Section, a temporary use is allowed for a specific period not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance (LJDC 11-3E-4A1.) • Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located (UDC 11-3E-4B 1) • A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet (iJDC 11-3E-4C1) -Depending on the outcome of VAR-OFr011. • The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title (UDC 11-3E-4C2) • Any temporary structures shall be portable and completely removed at the end of the allowed time period (UDC 11-3E-4C3) • The applicant shall obtain any necessary building permits (UDC 11-3E-4C4) • Adequate off-street parking shall be provided to serve the use (UDC 11-3E-4E1) • All surfaces used for parking shall be constructed with paving, vegetative cover, or of a dustless material (UDC 11-3E-4E4 and UDC 11-3E-SE) • All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code Fat City Fireworks Variance VAR-06-011 Page 5 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HG DATE OF JUNE 6, 2006 (UDC 11-3E-4F) • The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage (CTDC 11-3E-4H1) • The use shall be prohibited in residential districts (UDC 11-3E-SA) • The applicant or owner shall obtain written approval of the Meridian City Fire Department (11-3E-SB) • Dates of fireworks sales shall comply with Idaho Code §39-2606 (UDC 11-3E-SC) • Applicant shall comply with the standards for access as determined by the Transportation Authority (iJDC 11-3E-SD) 10. FIltE DEPARTMENT COMMENTS The Meridian Fire Department is recommending that the Meridian City Council consider limiting the size of tents for retail sale of Fireworks to 200 square feet and canopies to 400 square feet per section 2403.2 of the 2003 International Fire Code The recommendation is based on a size which would discourage allowing customers to enter the tent and having direct access to the product during the selection process. We are opposed to large tents for the sale of fireworks for the following reasons: 1. The vendors have not been removing the product from the large tents after hours because of the shear quantity of inventory. This has posed a real security problem because tents have no way of being secured from the theft. 2. Large quantities of fireworks in a tent pose a safety concern for the individuals conducting the sales, individual members of the public and the surrounding property. 3. Large tents have been erected in fields before the weeds have been removed posing a direct fire hazard. 4. We have had problems with 1500 square foot tents being erected and collapsing in storms. 5. Tents are not allowed in the City of Boise, temporary fireworks stands have to be less than 750 square feet. 11. RECOMMENDATION Based on the UDC policies for temporary uses and the required findings for a variance, staff fords there is a lack of evidence and grounds to grant a variance to UDC 11-3E-4C 1. Staff recommends that the Council deny the subject Variance application Fat City Fireworks Variance VAR-06-011 Page 6 • June 23, 2006 AZ 06-004 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT Treehaven, LLC REM NO. 5-F REQUEST Endings for Approval -- Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.42 acres), R$ (167.02 acres), R-15 (79.82 acres), C-N (17.26 acres] and C-C (28.45 acxes) for The Tree Farm - n/o Chinden on both sides of Black Cat AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: g~ ~ ~~~ 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: G~r~ OTHER: `' Contacted: ' Date: fQ ~G Ulp Phone: ~ 36- ~ 7' 3 d Emailed: on~.l II ~ 0~2 i~ro,~. ~U/Y! Staff Initials: ___~ Mcterials presented a~ p~b~c meet~gs shd) become properly ~ the CBy of Metid~rt. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RECE~~ JUN 212006 City ®f 1~leridian ~, v~ft clerk Oi~ce Fr ; c~~ra'.;,~ ,~~~1 -~ k h 11~:~-1€a ,~, ~,. ~~-: _Pft °~d~o3a d', ~ ° ' `~ ~~~ In the Matter of Annexation and Zoning of (358.57 acres from RR (Ada County) to R-2 (Low-Density Residential)(66.02 acres), R-8 (Medium-Density Residential)(167.02 acres), R-15 (Medium High-Density Residential)(79.82 acres), C-N (Neighborhood Business)(17.26 acres) and C-C (Community Business)(28.45 acres) for The Tree Farm, by Treehaven, LLC. Case No(s). AZ-06-004 For the City Council Hearing Date of: June 6, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 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-06-002- PAGE I 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 not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Amended Development Agreement Provisions listed in the attached Staff Report as amended during the hearing date of June 6, 2006 incorporated by reference. The Development Agreement provisions are concluded to be reasonable and the applicant shall meet such requirements as a provision of annexation approval. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subiect to compliance with the Development Agreement provisions provided in the Staff Resort. as modified by the testimony at the June 6, 2006 public hearing The Meridian City Leal Department will incorporate into the Development Agreement all of the testimony from the applicant and the public and Council re~ardin~ quality of development, open space reauirements. access to the adioining properties, internal circulation and elevations that were provided at the June 6, 2006 City Council hearing The applicant shall have the development agreement signed within six months of the date of approval of the annexation and is reauired to submit a preliminary plat to the City within 12 months of the si~nin~ of the development agreement D. Attached: Staff Report for the hearing date of June 6, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-002- PAGE 2 of 3 • By action of the City Council at its regular meeting held on the 2 7 ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~~._ COUNCIL MEMBER JOE BORTON VOTED_ ~~~ ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ C~~G~ COUNCIL MEMBER KEITH BIRD VOTED_ `~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~ ~, ATTEST: ~' '~~ ~ ~~ ~ ~ LLIAM G. BERG, JR., TTY LE` ~' ~~ ° ~~° ., o, Copy served upon: V Applicant Planning Department Public Works Department City Attorney BY~ Dated: ~ "a 3 " b~,p i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-002- PAGE 3 of 3 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF JUNE 6, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/6/06 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 The Tree Farm Annexation ''~ AZ-06-004 Annexation and Zoning of 358.57 acres from RR (Ada County) to R-Z (Low- Density Residential)(66.02 acres), R-8 (Medium-Density Residential)(167.02 acres), R-15 (Medium High-Density Residential)(79.82 acres), C-N (Neighborhood Business)(17.26 acres) and C-C (Community Business)(28.45 acres) for The Tree Farm, by Treehaven, LLC. .r ~~ r",171' n~ ~d ~ i ~ ~ -I ; 1~°I~L~`,~' `,~ ~ `° 6 ~ta~~a-o~~ 6,, 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Treehaven, LLC, has applied for Annexation and Zoning of 358.57 acres to R-2 (Low-Density Residential)(66.02 acres), R-8 (Medium-Density Residential)(167.02 acres), R-15 (Medium High-Density Residential)(79.82 acres), C-N (Neighborhood Business)(17.26 acres) and C-C (Community Business)(28.45 acres). The subject property is currently zoned RR (Rural Residential) in Ada County. The applicant has submitted a concept plan with the subject Annexation and Zoning application; the applicant is not proposing any new land uses, development or subdivision at this time. The site is located on the north side of Chinden Boulevard, approximately % of a mile west of Black Cat Road extending east to approximately Ten Mile Road Road. This site has approximately 5,300 feet of frontage on Chinden Boulevard. This site is composed of ten parcels which are owned by five different property owners. There is an existing wholesale nursery, three single-family homes, and several outbuildings on this site. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. Z. SUNIlVIARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-004) will be included in the Commission's recommendation to the Council. Staff is recommending approval of The Tree Farm Annexation (AZ-06-004) with a Development Agreement for this project. The Meridian Planning and Zoning Commission heard the item on March 2 and Apri16, 2006. At the Apri16.2006 public hearing the Commission voted to recommend denial. At the June 6 2006 Meridian Citv Council meeting the Council voted to apurove the subject application. a. Summary of Commission Public Hearing: i. In favor: Derick O'Neill, Doug Carnahan, Pete O'Neill ii. In opposition: Tuck Ewing, Sherri Ewing, Arthur Rabehl, John Ewing, Bill Gigray iii. Commenting: None iv. Staffpresenting application: Caleb Hood v. Other staff commenting on application: Bill Nary b. Key Issues of Discussion by Commission: The Tree Farm Annexarion - AZ-06-004 PAGE 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 i. Ownership of parcels near the Phyllis Canal, adjacent to the TECO One properties, and adjacent to the Rabehl out-parcel; ii. Providing future public street access to the property to the north (Aldape); c. Key Commission Changes to Staff Recommendation: i. Staff recommended approval; the Commission Recommendation is for denial. d. Outstanding Issues for City Council: i. Staff recommended approval of the subject annexation application. Based on the fact that provisions for future public street access to the propertv to the north (Aldape) had not been resolved by the hearing date the Commission recommended denial of the annexation Subsequent to the Commission hearine, the applicant met with City Staff and has discussed a possible solution to 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ- 06-004 as presented in the Staff Report for the hearing date of June 6, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-06- 004 as presented in the Staff Report for the hearing date of June 6, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-004 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: 4410 W. Chinden Boulevard/4740 W. Chinden Boulevard; north side of Chinden Boulevard in Sections 21 and 22, Township 4 North, Range 1 West b. Owners: MDC, LLC 4410 W. Chinden Boulevard Meridian, ID 83642 Doug and Meredith Carnahan 4410 W. Chinden Boulevard Meridian, ID 83642 Jo Ann Eggers Trust 7169 N. Spurwing Way Meridian, ID 83642 Jo Ann Eggers Trust and US Bank Successor Trustee P.O. Box 64142 The Tree Farm Annexarion - AZ-06-004 PAGE 2 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF JUNE 6, 2006 St. Paul, MN 55164 Connie Avery 4740 W. Chinden Boulevard Meridian, ID 83642 c. Applicant/Representative: Derick O'Neill d. Present Zoning: RR (Ada County) e. Present Comprehensive Plan Designation: Mixed Use -Community, Medium Density Residential, Low Density Residential, and a Potential School Site aze all designated for this property on the ~ Future Land Use Map. f. Description of Applicant's Request: Request for Annexation and Zoning of 358.57 acres to R-2 (Low-Density Residential)(66.02 acres), R-8 (Medium-Density Residential)(167.02 acres), R-15 (Medium High-Density Residential)(79.82 acres), C-N (Neighborhood Business)(17.26 acres) and C-C (Community Business)(28.45 acres). g. Applicant's StatementlJustification: The Tree Farm is a 362.65 acre planned community located north of Chinden Boulevazd, directly west of Spurwing Country Club. The property is currently in Ada County and outside of the Meridian azea of impact. However, it is part of the current Comprehensive Plan Amendment in process. The proposed comprehensive plan calls for medium and low density housing as well as a neighborhood commercial and community commercial component. The applicant has met with the City of Meridian numerous times to refine a concept plan to match the new outlined comprehensive plan (please see Applicant's Submittal Letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 13 and 27, 2006 (for P & Z Commission hearing) and May 15 and 29, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for P & Z Commission hearing) and May 12, 2006 (for City Council hearing) d. Applicant posted notice on site by: February 20, 2006 (for P & Z Commission hearing) 6. LAND USE a. Existing Land Use(s): There is an existing wholesale nursery (tree farm), three homes and other outbuildings on the subject site. b. Description of Chazacter of Surrounding Area: This azea is primarily rural residential in nature. This area, especially south of Chinden, is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Phyllis Canal; Rural residential; Agricultural, zoned RR and Rl (Ada County) 2. East: One-acre lots in Spurwing Subdivision and WestWing Subdivision, zoned RR (Ada Couny) 3. South: Proposed Bainbridge Subdivision, zoned L-O and R-8; Several rural properties in Ada County, zoned RUT The Tree Farm Annexation - AZ-06-004 PAGE 3 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA)~ DATE OF JUNE 6, 2006 4. West: Agricultural and rural residential, zoned RR (Ada County) d. History of Previous Actions: The City is currently in the process of amending its Area of City Impact to include the subject area. The Comprehensive Plan Map Amendment application is on the City Council agenda for March 7, 2006.On March 7, 2006 the City Council voted to approve the Comprehensive Plan Map Amendment which includes incorooratin the subject area on the Future Land Use Map. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This parcel currently has no sewer available to it. It is master planned to sewer to the future North Black Cat Trunk which will not be available till late 2007 or early 2008. Location of water: There is no City of Meridian water main currently available to this site. United Water and the City of Meridian are currently in negotiations that would allow United Water to provide water service to this site. Issues or concerns: Sewer will not be available till late 2007 to early 2008 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: Any irrigation ditches, laterals and canals (not Phyllis) that cross this property should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-2, R-8, R-15, C-N and C-C 7. Size of Property: 358.57 acres £ Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City enter into a Development Agreement (DA) with the subject property owners. Such agreement should include the provisions in Section 10, Analysis, below. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC 11-2A) and the Comprehensive Plan, a 35-foot wide landscape street buffer is required adjacent to Chinden Boulevard, an entryway corridor. Per the UDC a 25-foot wide street buffer is required adjacent to all arterial streets; a 20-foot wide street buffer is required adjacent to collector streets; and, a 10-foot wide buffer is required adjacent to all commercial streets. When this property develops, the City should require full compliance with the street buffer requirements of the UDC. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25- foot wide landscape buffer is required between commercially zoned properties and residential uses/zones. When this property develops, the City should require full compliance with the land use buffer requirements of the UDC. h. Required Commercial Standards: C-N and C-C Setbacks Proposed Required Landscape (LocaUCommercial) N/A 10' The Tree Farm Annexation - AZ-06-004 PAGE 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF JUNE 6, 2006 Entryway Road (Chinden) N/A 35' Collector Street N/A 20' Maximum Building Height N/A 65' i. Required Residential Standards: R-2 Setbacks Proposed Required Front/Street Side Living Area N/A 20' Side Accessed Garage N/A 20' Front Accessed Garage N/A 20' Interior Side N/A 7.5' per story Rear N/A 15' Frontage N/A 80' Lot Size N/A 12,000 square feet R-8 Setbacks Proposed Required Front/Street Side Living Area N/A 15' Side Accessed Garage N/A 15' Front Accessed Garage N/A 20' Interior Side N/A 4' Rear N/A 12' Frontage N/A 50' Lot Size N/A 5,000 square feet R-15 Setbacks Proposed Required Front/Street Side Living Area N/A 10' Side Accessed Garage N/A 15' Front Accessed Garage N/A 20' Interior Side N/A 4' Rear N/A 12' Frontage N/A 0' Lot Size N/A 2,400 square feet j. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. There should be future east-west and north-south collector/arterial roadways constructed within the boundaries of this site which would connect Chinden Boulevard and Black Cat Road over the Rim. 7. COMMENTS MEETING The Tree Farm Annexation - AZ-06-004 PAGE 5 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 On February 10, 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, and the Sanitary Services Company. The Meridian Fire Department and the Meridian Parks Department were the only departments or agencies to provide comments. These comments are "standard" and have not been included as conditions of annexation. Once a development plan(s) is submitted staff will provide the applicant with specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This properly is designated "Mixed Use -Community", "Medium Density Residential" and "Low Density Residential" on the proposed Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use 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 Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre, while low density residential areas are anticipated to contain up to three dwellings per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • 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. The Tree Farm Annexarion - AZ-06-004 PAGE 6 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF JUNE 6, 2006 • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing residential zones adjacent to the existing residential and agricultural properties to the north, east and west (all zoned RR or RI in Ada County). Both parcels proposed for commercial zoning are internal to the development. The applicant is proposing commercial zoning adjacent to proposed residential zoning districts. However, the impacts to the proposed/future residential properties by the commercial properties can be limited through the construction of roadways, land use buffers, fencing, and design of the future subdivision. When development applications are submitted for this site, staff will fully evaluate the compatibility of the proposed land uses. • 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. (Chapter VII, Goal I, Objective D, Action 8) Staff recognizes that there are some existing low density residential land uses near this property. Staff believes that the locations of the proposed R-2, R-8 and R-1 S zoning designations are generally appropriate as the larger lots will primarily be on the north side of the development, and the higher density will be nearer Chinden Boulevard, a major arterial street. However, the applicant is proposing an R-1 S zone adjacent to WestWing Estates, a proposed low density area on the Future Land Use Map. To provide a transition between the subiect development and the future low density re-development o WestWing Estates, staff recommends that a strip ofR-8 be provided along the east side of this site This strip should be able to accommodate at least one lot depth ofR-8 sized lots (at least 125- eet dee . If amended as proposed by staff, the proposed zoning should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. • "Permit new...commercial developments only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action 6) This development is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. If this development is approved, it shall be subject to the North Black Cat sewer system being available. City of Meridian municipal water is currently not available to this site. The City of Meridian and United Water are currently in negotiations that would allow United Water to provide water service to this parcel. Solid waste and other services can be provided to this property. "Locate new community commercial areas on arterials...near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal III, Objective D, Action 3) Chinden Boulevard is a designated arterial roadway. Staff finds that the proposed community commercial zoning and future commercial uses on this property should complement the nearby residential land uses. The Tree Farm Annexarion - AZ-06-004 PAGE 7 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF JUNE 6, 2006 • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Approximately 45 acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses, and designates the commercially zoned properties as mixed use commercial. The existing tree farm that is to remain, and the future commercial and retail sites, add to the variety of non-residential uses within the City's Area of Impact. Staff is supportive of the proposed commercial zoning. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) On the submitted concept plan, the applicant is conceptually proposing amid-mile access to Chinden Boulevard, and extending Black Cat Road to the north across Chinden Boulevard. A third access to Chinden Boulevard, located a few hundred feet from the Black Cat Road extension, is shown on the Concept Plan. Conceptual access points to Black Cat Road are also proposed. No other access points to/from Black Cat Road or Chinden Boulevard are conceptually proposed to/from this property. When this property develops, staff recommends that access to this site be primarily provided by the future internal roadway/driveway system and not Chinden Boulevard and Black Cat Road. Staff is generally supportive of the proposed access points to Chinden Boulevard and Black Cat Road, as shown on the submitted concept plan, with the exception of the proposed driveway access point to the Community Commercial area from Chinden Boulevard. Staff recommends that access restrictions to Chinden Boulevard be blaced on this proper through provisions in a Development Agreement. Staff further recommends that the access points to Black Cat Road be evaluated and restricted when this property develops. • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) Currently there are no opportunities to connect to existing roads in adjacent developments. Staff believes that when the roadway/driveway system in The Tree Farm is constructed, this parcel should provide access to the parcel to the east (Henkel 25.8 acres), west (McMullen properly, Owyhee Mountain Ventures property, and Schwenkfelder property), and north (TECO One property and Orme property). Please see Analysis below. • "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 should be required to construct a 35 foot wide landscape berm with dense vegetation along Chinden Boulevard, when this site develops. The applicant should also be required to construct a 25- foot wide landscape buffer along the future Black Cat Road. The entire buffer should lie outside the ultimate right-of-way. • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) All future collector streets should contain bikeways. The Tree Farm Annexation - AZ-06-004 PAGE 8 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, page 79) Staff finds that the proposed R-2, R-8, R-1 S, C-N and C-C zoning designation aYe generally harmonious with and in accordance with the Comprehensive Plan (please see Analysis below). 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 proposed zoning amendment request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-N and C-C zoning districts. Landscape nurseries/tree farms are conditionally allowed in the C-N zone. There is an existing nursery on this site, which the applicant is proposing to retain (see Analysis below). UDC Table 11-2A-21ists permitted, accessory, and conditional uses in the R-2, R-8 and R-15 zoning districts. Except for the existing tree farm (nursery), all future development on this site should comply with the allowed uses tables of the UDC. b. Purpose Statement of Zones: 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. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, and the development surrounding the subject site, staff believes that the requested R-2, R-8, R-15, C-N and C-C zones are appropriate for this property. Please see Exhibit C for detailed analysis of the required facts and findings. Le~?al Descriptions: The annexation legal description submitted with the application (stamped on January 13, 2006 by Gordon N. Anderson, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. There is some confusion over who owns, or has a right to, some property in this area. According to the Ada County Assessor, MDC, LLC, one of the subject property owners, owns additional property around property owned by TECO ONE, LLC (see Exhibit D). This property has not been included within the subject annexation request. The owners of the TECO ONE property and the Aldape property further to the north, The Tree Farm Annexation - AZ-06-004 PAGE 9 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 have expressed concern over this area. It appears that the most practical location for a future public street over the rim is where the existing Basco Lane is constructed. The adjacent property owners have concern over getting a roadway over the Phyllis Canal and down to the Aldape property, especially if MDC, LLC owns that property and does not make any provisions for a future roadway in this location. Staff does not believe that the subject applicant should be required to construct a street to the Aldape property where the current Basco Lane exists, but staff also has concerns with allowing MDC, LLC to own this property (if in fact they do) without making some provision that allows this area to become a public roadway in the future. Staff recommends that the applicant at the public hearing address this concern and clarify ownership of this area. If areas not included within the subject annexation application are owned by MDC, LLC, that land should be included as part of the subiect annexation application. Staff recommends that the Commission find that this "issue" has been adequately addressed by the applicant prior to making a favorable recommendation to the City Council The applicant has provided staff with a map (see Exhibit E) and a letter (see Attachment #3, from the letter dated March 24, 2006) that explains that Treehaven and MDC will include Parcels 1, 2, 3, & 5 in the annexation request, as parties associated with the applicant own these parcels. However, it is still unclear who owns Parcel 4, which is basically the southern part of Basco Lane that bisects the two TECO ONE parcels. Please see the "Basco Lane" special consideration below. As mentioned in Section 8 above, staff has some concerns over the proposed R-15 zoning adjacent to the existing WestWing Estates Subdivision. The proposed Comprehensive Plan Future Land Use Map anticipates that WestWing Estates will redevelop with low density residential uses. To allow the residential densities in this area to transition effectively, staff recommends that a portion of the 35.16 acres proposed for R-15 zoning adjacent to WestWing Estates be zoned to R-8. The applicant shall provide a new legal description to staff that depicts a strip of R-8 that is at least 125-feet deep, adjacent to western boundary of WestWing Estates The revised lesal descriptions for the R-8 and R-15 zones shall be submitted at least 10 days prior to the City Council hearing, Concept Plan: The applicant has submitted a concept plan with the subject annexation request (See Exhibit C). Staff is generally supportive of the proposed land uses on the concept plan and the general roadway layout. Although the City is not specifically approving this plan for development, the specific concepts and proposed land uses, should be included within a Development Agreement (DA) for this property. NOTE: There is a 3.8 acre parcel, just west of the proposed Black Cat Road extension, that is owned by the Rahbels and not a part of the subject annexation request. This 3.8 acre parcel is not currently subject to annexation, or the land uses proposed with the submitted Concept Plan. Access: On the submitted concept plan, the applicant is showing the extension of Black Cat Road across Chinden Boulevard, and to the north property line. Staff is supportive of this access to Chinden Boulevard. The applicant is proposing a second access to Chinden Boulevard located half-way between Black Cat Road and Ten Mile Road. If this access is constructed as a public street and aligns with the public street approved in Bainbridge Subdivision to the south, staff is supportive of this access to Chinden Boulevard. The applicant is proposing a third access to Chinden Boulevard, located a few hundred feet west of the proposed Black Cat Road extension. Staff is not The Tree Farm Annexarion - AZ-06-004 PAGE 10 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF JUNE 6, 2006 supportive of this commercial access. As Hart of the DA for this ~ro~v staff recommends that access to this site from Chinden Boulevard be restricted to section lines and at the half mile between sections as required by UDC 11-3H-4B2b. Further, staff recommends that the two access points to this site from Chinden Boulevard be constructed as public streets and align with the existing or previously approved public streets on the south side of Chinden Boulevard. Black Cat Road is designated as a minor arterial. Access to Black Cat Road will be evaluated and approved by the City and ACHD when this property develops. Snurwing Wad Although staff does not recommend making it a part of the DA, staff recommends that the applicant work with Spurwing Subdivision to the east to somehow provide secondary/emergency access to Spurwing Way. If an emergency connection can be made between the subject site and Spurwing Way, staff believes that this will be of great benefit to the emergency service providers in this area. Stub Streets: There are several under-developed parcels adjacent to, and surrounded by, the subject property. As Hart of the DA for this property staff recommends that the subiect property provide public street access to the parcels to the east (Henkel Parcel No. R9323930190), west (McMullen Parcel No SO421438700 Owyhee Mountain Ventures. Parcel No. SO42134660 and Schwenkfelder Parcel No SO421428100 north (TECO ONE Parcel Nos. SO422427960 and SO422244700 and Orme Parcel 50421417200), and the enclave parcel (Rabehl Parcel No SO421449000) When this property develops, staff may recommend that additional stub streets be provided to adjacent parcels. Basco Lane: Basco Lane is a private lane that currently provides access to several properties in this area. Basco Lane currently intersects Chinden Boulevard approximately % of a mile west of Ten Mile Road and continues north across the Phyllis Canal. Access to the TECO ONE, LLC properties as well as the Aldape properties is currently provided from Basco Lane. It is unclear to staff who has an interest in this lane and who does not. A majority, if not all of Basco Lane from Chinden Boulevard to the Phyllis Canal is owned by MDC, LLC. City Staff has contacted the Ada County Assessors Office and Melanie, Ada County Staff, has confirmed that taxes for Parcels 3 and 4 are being sent to 4410 W. Chinden Boulevard, MDC's office. When the subject property develops, the Basco Lane access to Chinden Boulevard should be abandoned. As mentioned at the previous public hearing, staff has concerns over an existing restriction easement over Basco Lane. In 2001 a restriction was recorded that limits any expansion of Basco Lane. Said restriction states that MDC agrees to not develop a public road on the property that will access the property to the north of the Phyllis Canal (Aldape) without the express written consent of Anderson and Thomas. As of the print deadline for this report, staff has not seen any written consent from either the Anderson or the Thomas party. Staff would like the applicant to clarify how this recorded easement will be terminated, as to not prohibit a future public road from being constructed generally where the existing Basco Lane is. Rather than using Basco Lane, Treehaven intends to provide access to the TECO ONE parcel via a collector road stub on the south side of the TECO parcel, in the general area of the existing Basco Lane (near or at Parcel 4). To remove any impediments that may be in Treehaven's control affecting access to the Aldape property, Treehaven has The Tree Farm Annexation - AZ-06-004 PAGE 11 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF Ji JNE 6, 2006 proposed to dedicate to ACHD any portion of Parcel 3 necessary for a public road, once a pubic road is designed and approved through the gulch (north from the proposed TECO stub). Further, Treehaven is willing to quit claim any right, title, or interest they may have in Parcel 4 to TECO. Aside from the question of who owns Parcel 4, there does not seem to be an agreement between Treehaven and TECO about who should actually construct the collector road between the south side of the TECO parcel and the south side of the Phyliss Canal. 'Treehaven believes that their proposal to give TECO, through ACHD, enough property for a collector street, is their fair portion. Staff is not sure what is equitable in this case. It appears now that Treehaven does own property between TECO and Aldape. This means that the TECO parcels do not touch the Aldape property, Treehaven does. However, it also appears that Treehaven does not have enough property to actually construct a collector roadway through their property to the south side of the Phyliss. To remedy this, TECO has stated to staff that they would be willing to give Treehaven enough property for a collector right-of--way, as long as Treehaven constructs the collector to the Phyliss. Then there is the question of who is responsible for construction of the bridge across the Phyliss Canal. Historically, half of a bridge cost is received from each adjacent property owner. Staff does recommend that one, and only one, public street stub from the south be provided to the Aldape property. This recommendation is based on the difficulty of grade and costs associated wth a second street, which is not necessary for the Aldape property to develop. Staff recommends that the Commission rely on all public testimony when determining what is a fair and equitable solution to the public street access question. Please see Development Agreement provisions #11 and #12 below. Existing There is an existing wholesale nursery (tree farm) and three single- family homes on this site. The tree farm, and one of the existing homes, is currently taking access to Chinden Boulevard. The existing single-family homes are principally permitted uses in the proposed zoning districts. Nurseries, or Urban Farms, however, require Conditional Use Permit approval in the proposed C-N zone. Because the nursery currently exists, staff recommends that the tree farm be allowed to continue operatins as is, without CUP anyroval. However prior to the Citv Engmeer's signature on the first final plat on the su;ect property the nursery should be required to obtain a Certificate of Zoning Compliance (CZC) permit and bring the site into compliance with all UDC standards. These standards include, but are not limited to: parking and drive aisle improvements, landscaping improvements, taking access from Chinden Boulevard at the %i mile location, and compliance with sign regulations. Staff recommends this provision be included as part of the DA for this site. UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designations 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(s) (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 Staff recommends that The Tree Farm Annexarion - AZ-06-004 PAGE 12 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAT DATE OF JUNE 6, 2006 the Commission and Council direct the City's Legal Department to draft a development agreement for The Tree Farm as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. 3. 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. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension, that are customary with City policies. 6. Sewer service to this property shall be via gravity means to the North Black Cat Trunk. The City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. No interim or temporary lift stations shall be allowed. 7. 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 maybe used for non-domestic purposes such as landscape irrigation. 8. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 9. That when a final plat records on this property, no direct lot access to Chinden Boulevard will be allowed on this site; that when this property develops, the Basco Lane access to Chinden Boulevard will be abandoned; that access to this site from Chinden Boulevard will be restricted to the section line roads and half mile between sections only; that the two future access point to this site from Chinden Boulevard be constructed as public streets that align with the existing or approved public streets on the south side of Chinden Boulevard; and that said public streets be constructed in accordance with the adopted North Meridian Auto Circulation Map of the Comprehensive Plan. 10. That at such time as plats and uses are proposed, access to Black Cat Road extended shall be subject to approval by the City and the Transportation Authority. 11. That when this property develops adjacent to one of the parcels listed below, the applicant agrees to provide public street access to the east (Henkel, Parcel No. R9323930190), west (McMullen, Parcel No. 50421438700, Owyhee Mountain Ventures, Parcel No. SO42134660, and Schwenkfelder, Parcel No. SO421428100), north (TECO ONE Parcel Nos. 50422427960 and 50422244700 and Orme, Parcel SO421417200), and the enclave parcel (Rabehl, Parcel No. 50421449000). The exact location of the public stub street(s) to the TECO ONE parcels shall be determined by the City and the Transportation Authority with the preliminary plat(s) that abut the TECO The Tree Farm Annexation - AZ-06-004 PAGE 13 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 ONE parcels. Once a public road is designed and approved through the gulch (generally where the existing Basco Lane is), MDC agrees to dedicate to ACRD any additional portion of property ACRD deems necessary in Parcels 1-3, as shown in Exhibit E, to allow for and to be incorporated into a public right-of--way down to the Phyllis Canal. 12. That additional stub streets to adjacent properties may be required as part of preliminary plat approval, except to the north. However, if the current Basco Lane can not be used as a public street to cross the Phyliis Canal (see Provision 11 above), the City may require one additional stub from this property to the north (Aldape property, Parcel #50422212513), at the western boundary of the western TECO ONE parcel. The exact location and equitable portion (including right-of--way and construction) of the subject potential public street shall be determined by the Transportation Authority. 13. That the existing tree farm (nursery) and existing single-family homes on this site be allowed to continue their current uses; that prior to issuance of the first building permit on the subject property, the nursery should be required to obtain a Certificate of Zoning Compliance (CZC) permit and bring the site into compliance with all UDC standards; and that these standards include, but are not limited to: parking and drive aisle improvements, landscaping improvements, taking access from Chinden Boulevard at the % mile location, and compliance with sign regulations. NOTE: If any existing structures encroach into any future required landscape buffer, they may be allowed to remain with Alternative Compliance approval. 14. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 15. That all contiguous property currently owned by MDC, LLC is part of the subject annexation application, including Parcels 1, 2, 3, & 5 as shown in Exhibit E. That a new legal description, that incorporates the above-listed parcels, shall be submitted to the Planning Department prior to the next public hearing. 16. That Treehaven/MDC and all related entities shall quit claim any right, title, or interest they may have in Parcel 4 of Exhibit E to TECO ONE. b. Recommendation: Staff recommends approval of the subi ect application AZ-06-004 for The Tree Farm, with the Development Agreement provisions listed in Section 10 of the Staff Resort for the hearine date of April 6, 2006. On April 6 2006 the Meridian Planning_&, Zonine Commission voted to recommend denial of the subject annexation application On June 6, 2006 the Meridian Citv Council voted to approve the subject annexation application with the Development Agreement provisions provided in the Staff Report, as modified by the testimony at the June 6, 2006 public hearing. The Meridian City Legal Department will incorporate into the Development Agreement all of the testimony from the applicant and the public and Council regarding quality of development, open space requirements, access to the adioinine properties, internal circulation and elevations that were provided at the June 6, 2006 Citv Council hearing. The applicant shall have the development agreement sieved within six months of date of approval and is required to submit a preliminary plat within 12 months of the signine of the development agreement 11. EI~~ITS A. Legal Descriptions B. Required Findings from Unified Development Code The Tree Farm Annexarion - AZ-06-004 PAGE 14 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF JUNE 6, 2006 C. Concept Plan D. Ada County Assessor's Ownership Map E. Updated Ownership Map The Tree Farm Annexation - AZ-06-004 PAGE 15 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF FEBRUARY 2, 2006 Ezhibit A -Legal Descriptions ® ~~~ ; -~; ANNEXATION r~ntlerson Solvay 6rtlup.cam '~ A parcel of land situated fit Secton 22, Township 4 North, Ravtge 1 blast of the Boise Meridian, Ada County, Naha, tieing mare panicttlariy described as fopow: Cnmmendn8 at the izottUteast tamer of said Sedion 22, said point treing marked by an altgninum qp, tfttance slang the South pne of said Section 22, North 89°17'39" Desk, 1293.61 feet to Hie Tres Polrrt of Begtnrrting; thence ~nutng along Socrth Une of said Setxian 22, North 89°i7'3Q" West s distance of 1353:62 feet" thence continuing Natlit 8J°17'09" Went a dtstana~ of 2647.18 feat to the comer eommon to Secpans 2i, 22, 27 and 28; theme atang the Soutlt tine of said 5ectian 21 North 89°2448° West a distant of 1307.51 feet; tlt~ent:e leaving said 3auth pne NortPt 00°22"50° East a distance of 2039.;18 feat to a point on the Soutft bank of the f'hyttis Canal; Thence along said Sot~fi @~ the following (9} tacrrstes ,and dist~rtces: North sg0°33'3p° t.esf a distance of 494.25 feet` theauu~ North BO°40'OQ" East a distance of 951.83 feed thence South 00°31'08° ;Nest a distance of 69.6$ feet; thence North 6S°46'04"' Ea&t a distarteae of 681.18 feat" thence North 7.9°37'32" East a distance W 745.64 Feed thence South ;)0°5,,•34" yy~ a distance of 6.99 feed thenras North 78°29°21° East a distance of 245.08 feet` thence S®uttt 84°30`54° East a distance of 198.8® f$et•, ittenl~a South 80°22'45° East, 442x89 feet: til@riC® issuing said South fine Stautkt 130°28'13° West a distance of 494.11 feet; titenee South 89°30'02" East a distance of 777.84 feet tit a point bairtg (vrhen measures ~ dgM a~~ to} 330.t~ feat distant from the Westerly line at the Stwdteast quarter of said Section 22; thence along a line tzaing parapet whit and 33;1.00 feet distant frarrr said Westerly pn$, Narttr 00`30'03" East a distance of 84.85 feet; thence Fatah 42°14`39° East a di~ance of 18.67 feet; thencxj sa~uth at3°2~'aa° West, 80.50 fe~t~ thence South 86°31'27"' Fast a distance of 189.70 feet;. thence South 47°28'09° East xis distances of 249.32 feed thence Nit ~°26`21" East a distance of 4f 1.~8 feet to a paint on tits sauttt bank of the Phylps Canal; thence slang salt; outiT #aa~rrk k~e fap~aah-g four (4} courses and distances: South 89°26'59' East a distartre oiF 2,01 fettii; thence Nit 85°284° East a ctlstantat of 330.3;9 feet; 8tence lVncth 7'3°44'3i;G" ~® distance of 487.78 feet; th®nrs North 79°58'07° East a distance of 831;3;3 feat'to a poFrtt on the East Une of said SeCtltmt 22; thanes along sald_Eaet. tine. South Q0~28°3g° West a di~snce of 400.03 fee# to the East one-quarter corner of said SecUssn 22; s~ald.palrrt tte6 marked ey a brass cap; thenncs continufig aiartg shicl East titre, soukh 13o°20';19° West,e, distant of 1317.57 feet to a pant marked by a 618^ rebar thence teatring .,said East. f; `, Nord; 89° t 8'34° West a distaru~ of 1291.77 feet f~ a point marked with a 5i8° rebar, :thence Satttlt 80°25'06" West a distance of 1316.97 feet to the Potttt ast' Bcgttming. EXGEP77NG-THEREFROM aparcel contmencfitg in tI Southeast ~rrter of S!t3Gdt9n 21, 914•.93~f~tgthe ruT ~ Point ~ minorm r.~p, ti~r~nce :North t39°i8'3Q" East a d`issganoa of 137.71 ~eglnning; thence North 44 20'00 West a dEstan~ of fleet: thene~ Nnrdt 519°26 30° 1+ilest tr distance of 138.52 fse~-ttt~tt~ Nord 83°03`00° W®st a distance of 187.58 feat thence SouOt 81°20'00" West a disrent~t of i5t389 f+8e~ thence North 00°33'30° East a dtstanoe of 245.48 feg~ thence North 7'9°3;'00" Ease a distance of 103.7Q feet thence North 87°23'00° East a sfTstance of 104.89 feat, thent~ Notch 88°36'00" East a distance of 357:39 feet (formerly North 8t`s°32`31)" East a distance of 357.08 feat; thence South 00°16'31;" West a distance aftt45:83 f~tto fire Point tsf Be 1nnMg. Annextttion pares; urontains 358.57 acres. mare or teas, tlt~~' a,r t9Y I ~~r' r~---- ~ . G1S1't .~ , ~_ r 351 E. Wntertorrer tn., 5atte tyy~ 3bd7 P.208.88t1.13A5 E 205 R~Rti.i3r~1 Exhibit A -Page 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 2, 2006 ~~~ - I ~stderson 5uiuey Group,~am '' EXHlBfT A PARCEL 1 ZOt11ED R 15 Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise McNdian, Ada County, Idaho, beir~ more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being martc~l by an aluminum cap, thence along the South Ilne of said Section 22, North $9®17'39" West, 1293.81 feet to the True Paint Of Beginnlrt8, Thence continuing along said South ilne, North 89°17'39' West, 9353.82 feet the Southeast comer of the Sou~east Quarter of said Section 22; thence continuing along said South fine, North t39°1 T09° West, 50.05 fast to a point; thence leaving said Soufh Iine, North 00°42'Si" East, 154.07 feet to point; thence along a curve to the right halve a radius of 700.00 feet, an are length of 403.37 feet and through a central angle of 31°00°58°, with a cl~rd bearing of North 17°13`20° East, a chorel distance of 387.81 feet to a point of reverse curvature; thence along a curve to the fait having a radius Of 500.00 feet, an arc length bf 292.41 fes~ through a centnat angle of 33°30'28". with a chord beating North 16°68°38" East, a chord distance of 288.28 feet to a pout(; thgn~ North 86°59'29° East, 1at3.11 f®ei to a pofit of curvature; thanes clang a curue to the left, having a radius of 450.00 feet, an arc length of 514,Q4 feet, though a central angle of 55°26'58", with a choni bearing North 54°18'00° East, a chord distance of 488:54 feet to a poirrt of reverse curvatur4~; thent~ along a curve ttr the right, having a radius of 1300.00 feet, an arc distance of 545.60 feet, through a central angle of 39°04'33". with a chord bearing North 41°04'48" East, a chord distar~e of 535.09 feet to a post; thence North 80°3T04 East,178.07 feet to a faofnt; thence South 29°22'58" East, 335.65 feet to a point; thence South 00®25'08° West, 1316.97 feet to a point, the Point Of Beginning. Said parcel containtrtg 35.18 acres more of less. Erai description Project No. 05132 f]ecemtter 14, 2005 !5d E. 1loisrtop®r La.. 5u(r® f, fF~rid(aa. t9 63642 P. P6®.986.1345. I I! , i; - , Exhibit A -Page 2 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 2, 2006 _A~ Andersen Sui~ey 6raup cnm EXHIBIT A PARCEt_ 2 zolaEU ~.~ Legal DBSaxlpttan A parcel of land situated in 5ecticsn 22, Township 4 North, Range 1 t4lest o! tale Boise Meridian. Ada County, Idaho, being more particu~rly des~tised as follow: ~ommenclr-g at the SouUteast comer of said Section aiuminurre cap, thence along the South line of said Simon ~ being marked by an dis~nce of 9293.61 feet; thence North 00°25`D6° East a dleta~N p~ 3186.977 igeet to the Trate Paint Qf ~fnnlet9; Thence North 26°22'58° West a distance ofi 935.65 feet; it-ence North 6tl°37'D" East a distance of 218.64 feet to a paint of curved thence along a curve to the left having a radius of 900.00 feint, an arc length of 302.138 feet and through a central angle of 57°50'47°, with a chord bearing N~ 99°41°41° East a distance of 290.18 feet to a mint of n3verse curve; thence along a curve to the ht ~ length of 35.63 feet and through a central ~ h~n9 a radius of 500.D0 f~ an a~ North 22°OD'06° East a distance of 329.37 feet theence N 27+39", with a t~tord bearing of 517.90 feet to a tint of cssvg; thence al~g a curve two ttrel left ~~~ ea tlj~ of 200.00 feet, art arc length of 182.76 feet aitd Shraugh a ~ntrai angle of 52°21'25", with e cFroni bearing North 15°03'13" East a distance of 178.47 feei~ thence North 11°07`30" West a dis~nce of $0.25 feet to a ppoint an the South Ilne of the PhylNs Canal; thence aiortg ,said SoUDt lIna, North 79°58'07" East a distance of 639.11 feet to a point on the East one of sakl Sectiari 22; thence along said East line, Souttt 00°28'39" Wei a distance of 4,03 feet to tF~ East one-quarter corner of said being marked by a tmass cap; thence contln 5eation 22, said ppm~t West a dlstanr,~ of 1317.57 feet to a ~ slang said East !in®, South 00°2D'08" East line, North t3l~°98`34° West a dish ~ of ~~.~ ~~ ~ marit~ a 5!8° tabor being Die Poh~t of Beginning. Containf ng 3t3.7D acres., more ar less. Erid of pDon Pro}ect No. 05-132 December 14, 2605 357 t. IPutertcwer in.. Suite f, tlerl~fian, ID ®3bA2 P.80A.ABB.T345 i n~; ~i r, .. Exhibit A -Page 3 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 2, 2006 ~~ ~':-;, E]1'RISIT A - - ,~ ,..~ , ~ ~ , Anderson Survey Group.e®m = Page t of 2 PARCELS ZONFI3 R-8 A parcel of tend situated in Section 22, "Tov,~nship 4 Norte, Raagc 1 West of the Boise Meridian, Ada County. Idaho, ~~~ ~articulsrly desGri~d as follow; Commencing at the "Southeast ,~~~. ®f mid Section 22; thence slang tt~ South line of said Section, South 89 l7 39 ° Nest a distance of 1243.61 fec5 thence continuing alou* South Line of said Section 22, Nca~th 89°17"39" ~/~ a distance of 1353.62 feet !o a point; thertee G~tinuing North 84°17°09" Nit a distance of26A7.16 fed to the Gamer common to Sections 2l, Z2, 27 sad 28; thence along the south line of said Sestina 21 North 89°24'46" West a distaaGe of .1~3j0r7~.y5+IHfee~~¢C~lte/.naeH}~,.apving skid South line North t}tl°12'Sp" past a distance of 819.78 feel to the l lud~PJ rUuf L 6l~ iTCr~~b Thence North 04°22'4G" ~t a dista®ce of 1179.4 fcet to a point on the South b~Ic of the Fhyllis Cat~aI; Tttenee along sad SoutH Bank the foltowin 9 80°33'30'° ~, a di6tarlGe of 494.25 f ° 8 (1 uses and distanses: North th~tce South 00°31'08" Nest a distance o fthenrx North 60 48 00"' Tast® distance of 951.85 fees; 651.16 feet; theatre North 79°37'32" F.~tst, 87.63 feet thence South 21 ° 19'02 13~ a distance of a point of 4wvature; thettGe along a Gury® ttl the righ4 having a radius of 2t~1.003 fit, au arc length of 95.06 feet sad through a central angle of 27°31'07", with a chard bearlag South 07°33'29" East, a chord digt~nce of 95.14 feet t}i a poiufi theses tiouth 06°12'05" N feet to a point, Utertce along a Queue to the r~gkg having a radius of 750.04 f ~+ 237.43 573.01 feet and through a G+~tral angle of 43°55'39", with a chord ~ an arc d{staasae of a chord distance of 541.03 feet to a pvitu of averse besrntg South 6S 51'03 East, having a radius of 250.Ot? f ~ thertco along ~ serve tt- die left, 43°87'41" with a shoed ~' an stn distance of 188.18 feet and throu,~h s central eagle rf theses South 87°80'55" 6eartng SouUt b5°27'04" 1das4 a chord distance of 183.77 fcet to a paint; 81.62 feet to a point of curvature; tlt~ along a eurve to die left, having a radius of 480.110 feet, em arc distance t+f 146.26 feet and Uuaugh a central angle of 28°4ti'46", with a chord (bearing North 78°53'4.2" theetGe along a curve to the right ~' a chord distance of 194.30 feet to a paint; ° „ 47 59 ~ having a radius of 430"00 feet and through s central eagle of with a chord t+emring North 41°30'03" . 679.22 feet; thence South 84°30'02" 77'1.64 feet to a point; thence 14~ 08°3U'03" 1?ast ,84.85 feet to a polui; thence South 42°14'38" , 18.87 feat to a poin>; '17rattce South b0°26'23" W Thence South 86°31'27" East, 184.70 feet to a ~, 88.50 feeC to a ~~~ to a Pvi>uy theaeo North 00°26'21" Aoint; Thence South 47°28 09" East, 249.32 feet 238.01 feet to a m . 461.56 feet to n point; Th~tce South 89~25'S9" East, 73°44'3b" East, 467. B feat to a orth 85°2$ 34 East, 339.34 feet to a lgriata thence North thence 5oulh l 1 °07'311" p°~; TheriGG North 79°58 (i7" .~i, 242.14 feet tU a ~irtt; having a radius of 2QO,OO f}80.23 feet to a point of curvature; tree along a curve to the right, 52°21`26". ha ' a ~' ~ arc distance I82.~6 feet and through a central angle of ~ Chord hearing South 15°83 13" West, a shoed distance of 176.47 feet to a point; thence South 41 °13'Sb" West, 517.90 feet to a point of ~rvatnre; thence along a curve to the left, having a radius of 500.08 feet, an arc distance of 335.63 few and throttglt a central mtgla of 38°Z7'39'°, with a chord bring South 22°00'0' West, a chord distance of _~~.,. n. .357 [. Watertn~rer ln.. Sage F, tlartdion, 14 B36$? P.208.®88.13!5 ? ~~ 711 _ f Exhibit A -Page 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 2, 2006 Page 2 of 2 r~RCEr,3 Andersmn Surue~ Group.cnm `'~~_;` zO~D R-s 325.37 feet to a pt~int of reverse etu'vature; thence along a cun~e to the right, having a radius of 30(7.00 feet, an arc distance of 3Q2.88 feet and through a central angle of 38°27'39", with a chard bearing South 31°41'41" 1~°est, a eltord distance of 290.18 fcet to a point; thence South 50°37'04" West, 395.71 feet to a paint of c~u'vature; thence along a cauve to the le$, having a radius of 800.Op feet, ar- arc distance of 545.60 feet and through a central at>gte of 39°04'33". with a clmrd bearing South 4I°04'48" Wit, e chard distance of 535.09 feet to a point of reverse curvattae; thence along a curve to the tigh4, having a radius of 450.Ofl feet, an arc distancd of 514.04 feet and through a central angle of 65°26'58", with a chord bearing South 34°16'00" Wit a chord distance of 486.54 feet to a point; thence South 86°59'29" Wart, 143.11 feet to a paint; thence along a carve to the left, having a radius of 500 fec~, as arc distance of29.99 feet and through a central angle of 03°25'12", with a c~rord bearing North Ol°29'43" Wes, a chord distane~ of 29.99 feet to a point; thence North 03°12'49" West a distance of 72.76 feet to a point of curvaturo; dsence Mang a curve to the left, having a radius of 200.00 feet, an arc distance of 156.88 feet and through a central angle of 44°56'32°, with a chard boring North 25®41'05" Wt~ct, a chard distance of 152.89 feet to a point; thence North 48°09'21" West, 172.87 feet to a point of cnrvataare; theme along a curve to the left, paving a radius of 550.00 feet, an arc length of 701.2.3 fce1. and tluaugh a central angle of 73°03°01", with a chard bearing North 84°40'52" Wc~t, a chord distance of X84.69 feet to a point; thencs Santh 58°47'38'° West, 502.91 feet to a mint of curvat6ve; thence along a ciav® to the right, having a radios of 1200.00 feet, and arc disthnne.e of 949.72 feet and thmeagh a c~ntt^al angle of 4520'44", with a chard bearing South 81°28'00" Wit, a chord diatazac® of 925.12 feet to a ~in~ thence North 75°51'38" West a dietat-ee of 60(.78 feet; thence North 00°16'30" East a distance of 463.90 fear thence South 86°35'00" West a distance of 357.39 fcet (fonn~iy South 86°32'3f)" West a distane~ of 357.98 fret); thence aouth 67°23'00" West a distance of 104.88 feet; thence South 79°31'00" West a distance of 103.70 feetb thence South 00°33'30„ West a duce of 245.48 feet; theme North 81°20'00" Fast a distance of 156.89 feet; thence South 83°03'(10'" East a distance of 1$7.58 few, thence South 58°26'30" F.aet. a distance of 238.52 feed thence South 44°20'00" East a distance of 78.25 fcet• thetace North 75°51'38" West, 284.2$ feet; to a point of cuorva3aar~; thence along a curve to the left, having a radius of 750.00 feet, an arc Iength of 421.71 feet and througlx a central angle of 32°12'58", with a chord bearin4g South 88°01'53" West, a chord distance of 416.17 feel to a paint; thence South 71°55'24" West, 352.27 feet to a fiat of caarvataare; thence along a curve to the right, having a radius of 300.40 feet, an arc distance of 133.06 feet and through a central angle of 17°45'08", with a chord bearing Saab 80°48'28°' West, a chard distaRCe of 154.44 toot 4o a point; thence South 89°41'32" West a distance of 105.04 feet ter a point, the Point of Beginning, Said arcel containin If7.02 ~~ @~~~' e~ P 8 acres, mare or less. pp~~,,~~ ~ °' ~~:i l ~ n'~~~3 ~J r 351 E, W°teraotver Ln., Seita F, fleriAiaq. ID 83642 P.20B.888 T345 ~~! ~~ Exhibit A -Page 5 CITY OF MERIDIAN PLANNING u"r',PARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 2, 2006 ~~ ~.,. Anderson Survey 6r®up.cum °~~~~ ~~ EXHIBIT A Pr4RCE1- 4 ZONED R-2 LegaP Dasalptlon A parcel of land situated in Section ~, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more paniaulany descn't~d as fapaw: Cotnmenc~ng at the Southeast comer of said Section 22, said point being marked by an aluminum gyp, thence along the South tine of said Section 2Z, North 89°iT39" West, 1283.69 feat; thentxe continuing along South Line of said Section 22, North 89°17'3.9" West a distance of 1353.62 feet; thence con 2647.18 feet to the carver common b Sectfsonhns Zj N~rth 88°and 2S ®thence along the south Iirte of said Settion 21 North 811°24'48° West a distanra of 1307.51 feet; thence lea+e~ said South line North 00®22'50° East a d'rstanoe crf 2039.08 feet to a paint on the South bank of the Phyllis t,.anah, Thence along said South Bank the foiEowing {9) courses and distances: North 80°33'30° East a distance of 484.25 feet; thence North 8(1°40`00" East a distance of 951.83 feet; theme South 00°31'08° West a distanae of 88.65 feat theme ~~ 65°46'04" East a distance of 851.113 feat; thencse North T9°37'32" ~t a distance of 87.83 feet to the TRUE POINT OF BEt~tNNING; Thence North 79°37'32° East a distance of 656,01 fee>7 thence South 00°55'34° West a dlstanc~ of 6.99 f~~ them North 78°21'21" East a distance of 245,08 feet; thence South 84°30'54° East a distanaa of 198.80 feed thence South SO°22'45" East, 482.89 feet; theme leaving said South I€ne South OD°28'13" West, 484.11 feet tts a poir~ thencra along a cenve th the left having a radius of 450.00 feet, an arc length of 789.67 feet and thraugh a r„entra! angle of 97°59'50", with a chord tsearir~g South 41°30'03" West, 879.22 fee$ thence aktrs~ a curve to the right a radius of 400.00 feet, an arc length of 188.28 feet and through a central $n~28°08'46°, with a chard t~earirrg South 78°55'42° West, a chord distance of 194.30 feet to a point; thane North 87°00'S$" West, a distance csf 81.62 feet to a point of curvature; thence a~ng a curve to fhe right, having a radius of 2$i},00 feet, an arc d[stanc~ of 188,18 feat and through a central angle of 43°Q7"41 ", with a chgnd baring North 65°27'04" West, a chord distanc® of 183.77 fit to a potr>T of reverse curvature; thence along a aurvge to the left, having a 43°55 39 with a chflrd bearing Nt 65°55'03" West, a chord distan¢s of 561! 03 ft$e# to a point; therus3 North Ofi°12'05° East, 237.43 feet b a point of curvature; thence along a central athe left, having a radius of 200:00 feet, an arc length of 98.06 feet and through a of 95.14 fit to a 7°31'©T, with a ~~ bean North 07°33`29" Wrist, a chord distances+ Etegirrntrtgi. P'olrrt: thence Nortl1 Z1 18 0~ West, 356.05 feet to feet to the Potrrt of Said parcel contathing 27.32 awes. more or less. End of Desarip~ion Proyect No. 05132 t7ecemP~ 14, 2005 3~T t. Wotertuwee tn.. Suite F, Meridian. 10 63642. R.2QD_BBS1345 i 'h=~ ~ ~~ Exhibit A -Page 6 CITY OF MERIDIAN PLANNING ISEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 2, 2006 ~_ ~ .: a: ~ ,: .,°,. Ander$on Saluey Graup.cam ''~~ EXHIBIT A PARCEL 5 ZUNLD CN Legal Description A parcel of land situated in ttte south one-hal# of the North®ast Quarter and fn the South Half of Section 22, Tovunship 4 North. Range 1 Wes# ot< the i~ofse Meridian, Ada County, fdaho, being more particularly described as follow: Cammsrtc~ng at the Southeast tamer of said Sectfan 22, said point being marked by an aluminum cap. thence along the South line of said Section 22, North. 89°1T39° West, 2847.23 feast to the Southeast comer of the Southeast quarter of Bald Section 22; thence continuing along said South tins, North 89°1T09° West, 50.05 feet #a the Tru® Poir-t t3f Beginning. Thence continuing along said South line, North 69°1 T09° West, 1243.07 feet to a point; them leaving said South line, Norttt 01 °59`10° East., 343.83 feet to a point of curvature, tirent~ along a curve to the right, having a radius of 150.00 feat, an arc distance of 221.56 fast and through a central angle of 84°3T42°, wv~ir a chord bearing North 44°1$"01" East, a chord distance of 201.96 feet to a point of reverse curvature; theme along a curve to the left, halving a radius of 1000.110 feet, an are length of 470,27 feet and through a central angle of 26°58'40°, withh a chard bearing North 73°08'32" East, a chord dis~ante of 465.135 feet to a point of reverse curvature; thence along a c~,nve to the right, having a radius of 500.00 feet, an arc distance of 494.313 feet and through a c~enlral angle of 58°39'05°, having a chard bearing North 87°St~°45° East, a curd distance of 474.+48 feet to a Robb thence South 83°40'43° East, 311,Og feet to a point of curvature; thanes along a curve to the left, having a radius of 700.00 feet, an arc distance of 383.59 feet and though a «~ntral Angie of 31°23'49°, having a chord bearir~ South 18°24'45° West, a chord distance of 378.80 feet to a point; thence South 00°42'51° West, 154A7 feet to a point, the Point fly Beginning. Said parcel containing 17.28 sexes, more or (ass. End description Rroject No. 05132 December 14, 2005 9 C 357 t. tlatert°Rer Ln.. 3uire F, Nerid(en, Iti B36Q2 P, ~OB:888.r3d5 ~ , u ~ :", ; ,, Exhibit A -Page 7 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAI2~DATE OF MARCH Z, 2006 Anderson Survey 6eoup.>:om °' EXHIBIT A PARCEL 8 ~1VE11$-1S legal besor{Rilon A parcel of lard sued in the south one Half of Section 22, Township 4 idorth, Range 1 1~/est of the Boise Rlieridian, Ada follow. ~untY, Idaho, belrtg more partieulmtY desQribetl as Commencing at the Sautis~.cy comer of said Sectiesa 22, said gyp, thence along the South line of said Section point}being ntar>ced by an aluminum Southeast wrner ®gthe ~ 22,. Nisrth 89°17 39" West, 27.23 feet to the line North 89° 17'09" W ~rt~ of said Sec#ian 22+ tls~tce cosrtinuing alotig said South ' ~. 1293.12 Poet to the 7'rus Point Uf Idegtaurug, °fhence continuing along said South line, Norris 89°17°09" West, 492.1 t feet to a point; thence leaving said 5ossth line, al of 839:93 feet and through as cenisal ~ the right, basing a radius df 24011,00 feet, an arc length East, a chos-d disiassee of 835.65 feet to of 20°03.06 . with a chard bearialt Nos11s 15°42'lt" of curvature; thence along a curve to tiro ~ ~ thence Sostth 78°51'38" ~, 16.37 that to a paint 949.71 feet sad ihrou ~ having a radius of 12x10.410 feet, an arc leasgth of a dsitrd ~ ®central angle of 45°20'44", with a chord hcaria,g Mortis 81°28'00" (ast° disisaCe of 921.12 feet t9 a poistE; thence N~ 58°'47'38° , 502.41 fact to a point of curvature; thanes along a curve to the right, having $ radios of 55f?.00 feet, as etc distance of ?01.23 feet anal thrwsgh a owl awe of 73°ti3'Ol", with a chord bearin e Fast, a chord distance of G54.69 feet to a poit~ thence South 48°09'21'° g South $4 4x1 52 point of curvature; thence along a curve tti tho right, !saving a radius of 24Q.p4 f 172.87 fc~ to a of 156.88 feet sail tfsrossgh a central ao ° _ ~ ~. tuan ~ length East, a chord distance of 152.89 feet to ~ of 44 ~ 32 . with a chord herring South 25°41'05° of Curvature; t}s al P'offiu4 Weace SouQ, 03°12'49" ~{, 72.76 fact to a pplnt 322.40 feet °~ a carve to the right, havissg a radius of 500.00 feet, an arc distance of West, a shoed ~~rongh a Central angle of 3G°56'3B", with a long ChoN be~iag S~ttls I3°19'30° stance of 316.84 feet to a point of reverse ~~ Eh4atcc along a cirrus to the left, having a radius usf 700.(!0 feet, as sac distasruc® of 19.78 feet acid thrtlugh a c~trai angle of 1®37'09", with a shard bearing 5i}uth 32°55'!4° West, a chord distance ®f 19..78 f~ to a point; theses ATOrth 63°40'43" West, 311.04 few to a having a radius of 50p.1}iJ feet PoiAY of curvature, thence slang a suave to the let!, 55®39'05"° with. a Chord fD~~Souflt R7°59 45'gCq 84.38 feet and tHrou}s ®e~ntral eagle of lenrgih~c470.27 feet ~ ~°~ a cm've to the right having a~radius of IOOO.OU feEt, an arc 73°0R°3,~." West, a chord ~~ ©~ ~e of 26°36'40", with a chord bearing South curve to the left, having a radius of I50~00 f5 feet to a point of reverse cmvahsre~ eagle of $4°37°42'° ~• as erC Iettglh of 221.56 feet and tlsrough aacentrsl to a point; these®Swrth 41°591 p"wag 5$~ ~°1$'01" West, a chord di.~taBee of 201.96 feet est, 343.83 feet m a point, the Poi4nt Qf Bu:gtnnissg, Shid parcel containing 34.95 acre=s, more of lec!a. End description PaojusCt No. 05132 1)ecembcr 14, zoos 351 E. Woueruea~er ln.. Suite i. Mleutdian. 10 B36A2 P, X68.8®8.1345 ~ ~ 1_.'i V ~ar; ,' ~. Exhibit A -Page 8 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 2, 2006 _~~~ And®rsan ~uruey Group,~om~ ~xr]~1T A PARCEL? zolvEn cC Legal D~criptic~n A parcel of land situated in the Southeast Quarter of Section 21 and the Southwest Quarter of 22, Township 4 North, .Range I West of the Soise Meridian,. Ada County, Idaho, being more particularly descn'bed as follow: Commencing at the Southeast comer of said Seetic-n 21, the Trite Palat of Beginnlrt~ Thence along the South line of said Section 2l, North 89°24'23" bleat, $68.32 feet to e point; thenoe leaving said South tine, North 00°34'29" East, 3720 feet to a point; thence North 03°00'02" East, 346.62 feet to a point of curvature; thence atoag a curve to ate right, having a radius of 800.00 feat, an arc distance of 228.96 feet and through a central angle of ]6°23'54", with a chord bearing North I1°ll'4" East, a chord distance of 228.18 few t4 a point of revet~e curvature;l'hence along a curve to the tell, having a radius of400.00 fee;, as arc length 245.40 feet. and through a central eagle of 35°09'05", with: a chord bearing North O 1°44'23" East; a chord distance of 241.57 fit to a pout; thence North 15°45'09" Rest. 115.34 feet to a point; thence Nordt 71°55'24" East, 125.44 feet to a pt7int of c.~un~atnre; thence alat-g a ctiuve lt- the right, having; a radius of 750.00 fit, an arc distance of 427.71 fact sad through a ~ttral angle of 32° 12.58", with a chord bearing North 8~°01'53" East, a tdmrd distance of 416.17 feet tst a point; Them South 75°51'38" East, 264.25 f€,et to a point; thence South 44° 20'00" East, 59.46 feet; thence North 00®16'30" East, 32.03 feet; them South 75°51'38" Fast, t°s{11.78 feet; thence along a curve by the leR, having a radius of 2400.00 feet, as arc length of 834.43 feet and through s central angle of 20°03'U6", with a chord bearing South 1S°42° ] 6" Nest, a chord distance of 835.65 fit to a point on the South line of said Section 22; thence slang acid South line, North 84°17'09" 4b'est, 36i .93 feet to the Paint of ~S• Said parcel containing Z8 45 awes, more or less, End of Description Project No. 85 t 32 January 13, 2006 357 € WQ~eri°wee lo.. Suite f, 13eridl~n, 19 ~3G42 P.708.98@.73Q5 ~~ , Exhibit A -Page 9 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAII~ DATE OF MARCH 2, 2006 ~~~ ~. Andersen Surusy 6raup,cA~ '~'~- EXHIBIT l4 PARCEL 8 ZONED R~15 Legal Descrip5on A parcel of land situated in the Southeast Quarter of Seotivn 21, Township 4 North, Range 1 West of the Boise Meridian, Ada County, tdahv, being mere particularly descrttied as foikrw: ~mmenc6ng at the Southeast confer of said Section 21, thence along the South line df said Section 21, North 89°24`23° West, 8ti3i3.32 feet to the True Point of Beglnrttrtg; Thence exm5nuing along said South line, North 89°25'31° West, 439.15 feet to a point; thence North 00°22'50" East, &55.78 feet to a point; thence North 89°41 °32" East, 105.015 feet to a point of curvature; thence stung a curve tts the left, having a radius of 500.00 feet, an arc distance of 155.08 feet end through a central angle of 17°46'08°, with a chord b®artng North 80°48'28" East, a chord distance of 154.44 fact tv a point; them North 71°55'24° East, 226.33 feet to a point; thence Sauth 15°45'09' East, i 15.34 feet to a point of curvature' thence along a arrve ~ the right, having a radius of 400.00 feet, an arc length of 245.40 feet and through a central angle of 35°09'05°, v+>#th a long chord bearing South 01°49'23" West, a chord distance of 241.57 feet to a point of reverse curvature; thanes alcang a curse to the left, having a radius of f!€I0.00 feet, an arc length of 228.96 fast and through a central angle of 16°23°54", with a chord bearing South 11°11'59° West, a chord distance of 228.18 feet to a point; thence South 03°00`02° West, 348.62 fast to a point Thence South 00°34'29° West, 37.20 feet tv the Paint of Begirtrring. Said parcel containing 5,71 acres, more or less. End of [7escdption Project No. 05132 December 14, 2005 357 C. ltlotertuwer l°„ Spite F, Msridlnn, la B36Q2 P. 2d®,88.7345 ^~ u p r i r Exhibit A -Page 10 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF MARCH 2, 2006 ~ *,~_ ~.~~ -- ~ v ~~ , ~~ a~ ° ~ ~ a W~ ,~ ~~ ~~ e ~~ $~ ~~~ ~, ,, ~~ ~ ~~ O~ H_ ~: 2$ ~+ 9 C ~~ ~ ~ 4 ___~ ~~ -- -~----~ I g ~~~ ~ ~ ~~ ~_z ~~ i ~c ~~ 4 .R 4 f~ _ ~ ~~ I "~~ ~~ n~ ~4~ A ~ ~® ~ ~-.~,~ ~:~~ ~ r~~ ~d , ~'~ ~~~ ~~~ ~ ~~ '~1 .. Exhibit A -Page 11 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 2, 2006 B. 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 the subject property to R-2, R-8, R-15, C-N and C-C. If the applicant provides some R-8 zoning adjacent to the west side of WestWing Estates, Council fords that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. Council fords that there are several uses that are allowed and conditionally allowed within the requested zoning districts. If the applicant complies with the provisions outlined in the development agreement, Council finds that the proposed commercial and residential districts will be in compliance with the specific district regulations. Council finds that future development of this property should comply with the established regulations and purpose statements of the residential and commercial zones. 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 maybe provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, ' 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 (LTDC 11-5B-3E). The proposed zoning amendment will provide zoning districts that are consistent with what the City has envisioned for this area. In accordance with the findings listed above, Council finds that Annexation and Zonin og f this property would be in the best interest of the Citv if the applicant provides revised legal descriptions for the R-8 and R-15 zones, and enters into a Development AQxeement (DA with the Citv, as mentioned in Section 10 of the Staff Report Exhibit B -Page 1 CITY OF MERIDIAN PLANNING ISEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 2, 2006 C. Concept Plan ~~ 'i ~~~ Gr~v -_L ~+ ----~,_ a rl~ 9 s $~ ~~ ~~ ~~ z a 0 s ®^ Exhibit C -Page 1 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAI~DATE OF MARCH 2, 2006 D. Ada County Assessor's Ownership Map ~~ -- _ `EiASCO L..AhJ --- _ r ti ~~~CIS ~'~N'-_ _ _.~~ ---------_ '~C TECC) = ~ ~~ ~ ~~ ,q (~ P~t'y i ~ t1'~hile{9 f ---- i; '-- ---- -- --- - -- rr '----- ~; - ----- -- _ _-- i' n/~ pp CC ------Cs~anership according l`'1L~1'yPG to Ada County via ArcVew GOS ----______ _ -L - - - -------------J o ------- rECo MQC --------*ti '' C~ ~~~~~ Exhibit D -Page 1 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 2, 2006 E. Updated Ownership Map n ~~ - ~ ~ s ~ ~ ` °° ~ >. ~ s r~ e ~~ ~ ~ `~ ~ _ ~ a [ -~ '~ ~ ~ ~,~ ~ ~ ~ ~ ro a ~~ ~ - d ~, ~ ,~ ~ ti~-,3+-a` ~ a ~ d F o ~ ~ a j ~ N ~ ~ `' °~. y~~ _ - y Y .__ .~ . ~ _ ~ ^ }Y J. ~i P Jr t. • ~ ~ "Z ~. - -. w 4 S a.>.__~ ^3 ~+ Exhibit E -Page I June 23, 2006 MERIDIAN CITY COUNCIL MEETING June 27, 2006 VAR 05-027 APPLICANT White-Leasure Development Company rrEM NO. 5-G REQUEST Findings for Approval -Request for a Variance to UDC 11-3.H requirments for access #o State Highway 69 for Meridian Gateway -- 1601 South Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CfTY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See aitached t7ndings ~~ ~~~ Date: Phone: ~~~~ l,~y~ i ` -G-- U . C4 t Initials: Mafer~ls presented at pa~c meefln~ simil become propert~- of fhe Cffy of Meridian. - ~ ,,t - - '. -~ - -- _ .,~:,~ ~-~ ,,:~~~~:, _-..c..: ... _._..~f....~.: ,...;~,tr~~°~.`` H,.,. t :r.d...,~~+a,~~.. ,n.,~.;:4y ^f~;~`" \Ni 11"[~I~-LL'r\Sl `l~I=. l)1VELC)P~~iEN"I' COIVIPr~N1' June 26, 2006 Mayor Tammy de Weerd Members of the City Council Anna Canning, Planning Director 33 East Idaho Avenue Meridian, ID 83642 RE: Findings for Approval VAR - OS - 027 Dear Madam Mayor, Members of the City Council and Anna Canning: JUN 2 6 200b City of Meridian City Clerk Offic® After reviewing the proposed "Findings for Approval" for VAR - OS - 027 (Meridian Gateway Shopping Center) the applicant is assuming language contained in the report, "the applicant shall be granted one right-in/right-out only access to Meridian Road, located no closer than S00 feet south of Overland Road, "means no closer than 500 feet from the "centerline" of Meridian Road in keeping with all of our past requests including this application and in keeping with the council's previous motions regarding this application. It is our hope that the addition of the word "centerline" will add additional clarification to the motion. Sincerely, t Y Jeff Huber Vice PresidentBroker JCHIno cc: Bill Nary, City Attorney Will Berg, City Clerk y2ECEIVED U:\NancyOVCHiPROJEC'I~Meridian\Meridian Mayor 06_06_26.doc C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ~ ORDER ~ RECE;VED JUN 2 :~ , s ~ltyf IV~~eIldian A ~~ty}clerk Office z-4~.~-,~ llai~ ~~~ i~_ ~. - ~. ti IC~.eH(a ~.,y. ~~ !°-- . ~~~;~ .. In the Matter of Variance request for access to SH 69/ Meridian Road, for Gateway Marketplace by White-Leasure Development. Case No(s). VAR-OS-027 For the City Council Hearing Date of: May 2, 2006 and June 6, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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-OS-027- PAGE 1 of 3 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of restricted 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, Site Plan, and the all in the attached findings in the Staff Report for the hearing date of May 2, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Variance Reauest for access to SH 69/Meridian Road is hereby approved with the restrictions placed on the site by the Meridian City Council at the June 6, 2006 public hearine. The applicant shall be granted one. right-in/ri~ht- out only access to Meridian Road. located no closer than 500 feet south of Overland Road. Further, said access shall eztend directly to the property to the west. Please see the Staff Report dated May 2, 2006 for more information. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of May 2, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-027- PAGE 2 of 3 By action of the City Council at its regular meeting held on the 2 ~~ day of ®~~„~_, 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~~ COUNCIL MEMBER JOE BORTON VOTED_Z~~~l,. COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~e~~ COUNCIL MEMBER KEITH BIRD VOTED_~~~~. TIE BREAKER MAYOR TANIMY de WEERD VOTED '~~" ATTEST: ;'~~\,`~ ~, /~'% ~ ~i'L~~%eZ%G~ _ ~~~~ L IAM G. BERG, J ., C (~., a ~~/ ~ ~ ~(, `ems Copy served upon: Applicant /~~++++++-s -t~-tt°~~4`r Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-027- PAGE 3 of 3 CITY OF MERIDIAN PLANNID ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 STAFF REPORT Hearing Date: May 2, 2006 a b~ ~~ ~~.rt~ ~ +~ I~i 4 ° Reconsidered and Approved: June 6, 2006 ~~~~ _ ~ ~~p Continued from: April 18, 2006 ~`~.~;~ "''~~' ~,~°y ~ Reconsidered from: March 14, 2006 ~. °`~_. - °'P~~a-,A„4~~,, ~;9= - t Continued to: February 21, 2006 Hearing Date: February 7, 2006 TO: Mayor and City Council FROM: Joe Guenther, Associate City Planner SUBJECT: Meridian Gateway Variance File No. VAR-OS-027 Variance request to allow two access points onto Meridian Road, SH 69 by White Leasure Development Company 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to state highways. The Variance application proposes two new approaches to Meridian Road, SH 69, including one right-in/right-out and one full access driveways. On December 15, 2005, Idaho Transportation Department (ITD) staff submitted a response to the request for access to Meridian Road. ITD staff indicated that the two proposed access points do not meet district policies. In December 2005,1'I'D's executive committee conditionally approved the locations contingent on obtaining a Variance to Section 11-3H of the UDC. The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page 2 of this report. On March 14, 2006 the Planning Director asked for reconsideration of the item to determine findings and clarify the intent of the council. On April 18, 2006 the Meridian City Council moved to approve one variance location at approximately 730 feet south of the centerline of Overland Road and Meridian Road/SH69. This report contains the findings for approval as revised on April 18, 2006.On Mav 2°d. 2006, the Council modified their decision and voted to allow one right-in/rieht out access to Meridian Road located no closer than 500 feet south of Overland Road. This report contains the findings for approval as revised on June 6 2006 (please see below for details 1 The Variance application pertains to the 9.08 acres proposed as a commercial development, the applicant has not submitted development applications consecutively with the variance request. Meridian Gateway was annexed into the City of Meridian on August 25, 2005 subject to the development agreement #105134293. The City Council has final decision authority on the Variance application. 2. SUNIlVIARY RECOMMENDATION Staff recommended denial of the subject Variance application (VAR-OS-027) for the reasons listed in the staff report dated February 21, 2006. Staff cannot find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. Also, Exhibit B of the Meridian Gateway Development Agreement makes the finding that curb cuts will not be allowed to Meridian Road, SH 69. On June 6. 2006 the City Council voted to grant one right-in/right out access to Meridian Road for this site 3. APPLICATION AND PROPERTY FACTS Meridian Gateway Access VAR-OS-027 PAGE 1 CITY OF MERIDIAN PLANNIN~D ZONING DEPARTMENT STAFF REPORT ~ HEARING DATE OF 5/2/2006 a. Site Address/I,ocation: SW corner of Overland and Meridian Road, SH 69 Township 3N, Range 1 W, Section 24 b. Owner William and Mary Howell 497 White Cloud Boise, Idaho 83703 c. Applicant: White Leasure Development Company, Jeff Huber 416 South 8~` Street, Ste 200 Boise, Idaho 83702 d. Representative: Jeff Huber, White Leasure Development Company e. Present Zoning: General Retail and Commercial (C-G), Meridian f. Present Comprehensive ]Plan Designation: Commercial - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by White-Leasure Development Company) for a copy of the overall conceptual site plan which depicts the proposed driveway locations. h. Applicant's Statement/Justification: The application lists the following key arguments for allowing the new access points to Meridian Road, SH 69: ^ We began the process of securing access to Meridian Road before adoption of the UDC; ^ There is no possibility of providing a frontage road as ITD policy claims; ^ IT'D has akeady granted approach permits for the project on the east side of Meridian Road; ^ We believe we are grandfathered from the UDC based on discussions and annexation occurring before its adoption. 4. 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. The Meridian City Clerk's Office has on file documents regarding site posting and noticing for this application. 5. LAND USE a. Existing Land Use(s): Various illegal uses b. Description of Character of Surrounding Area: Single family residential, highway- oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Mr. Sandman Sub #2 and Interstate Center Sub, zoned C-G with an existing convenience station 2. West: unplatted, zoned C-G Meridian Gateway Access VAR-OS-027 PAGE 2 CITY OF MERIDIAN PLANNIN~D ZONING DEPARTMENT STAFF REPORT~HEARING DATE OF 5/2/2006 3. South: Elk Run Sub, currently used for Residential purposes, zoned R-8 4. East: Southern Springs Sub #2, zoned C-G d. History of Previous Actions: File AZ-04-031, Annexation and Zoning for Meridian Gateway. Same property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement on August 25, 2005. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Overland Road Location of water: Extension of mains in Overland Road Issues or concerns: None 2. Vegetation: none 3. Flood plain: N/A 4. Canals/Ditches ][rrigation: none. 5. Hazards: There is an existing clean up in process at this site for gasoline contaminated soils. Also there is much junk on site as well as dangerous materials being stored improperly. 6. Size of Property: 9.08 acres 7. Description of Use: five pads for approximately 51,000 s.f. retaiUcommercial development (conceptual) f. Subdivision Plat Information - N/A g. Landscaping - N/A h. Planned Development Characteristics - N/A i. Amenities - N/A j. Off-Street Parking (residential uses) - N/A k. Proposed and Required Residential Standards - N/A 1. Proposed and Required Non-Residential - N/A m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing two new access points to Meridian Road/SH69 at the following locations (see Exhibit A): ^ Driveway #1 -approximately 363 feet south of Overland Road ^ Driveway #2 (main access, aligned with Southern Springs) - 730 feet south of Overland Road As noted above, ITI) has not issued permits for these approaches. ITD has made these locations contingent on the City of Meridian granting a variance. In addition, the recorded DA between the applicant and the City specifically states that no curb cuts shall be allowed to Meridian Road, SH 69 in support of the Meridian Comprehensive plan for Gateway Corridors and ITI) policy in place at the time of annexation. For a detailed report on both I'fD's and ACHD's actions and comments, please see the Meridian Gateway Access VAR-OS-027 PAGE 3 CITY OF MERIDIAN PLANNIN~D ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 letters submitted with the application. 6. AGENCY COMMENTS All agencies provided comments for the annexation application with the exception of ACHD and ITD. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Commercial' on the Future Land Use Map. The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimise access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) ^ "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) ^ "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) S. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Development along Federal and State Highways: Unified Development Code (CTDC) 11- 3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. Z. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Meridian Gateway Access VAR-OS-027 PAGE 4 CITY OF MERIDIAN PLANNIN~D ZONING DEPARTMENT STAFF REPORT~HEARING DATE OF 5/2/2 006 a. the section line road; and b. the half-mile mark between section line roads. Thesehalf-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "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." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staff's analysis in italics). For additional analysis, see the Variance Findings in Exhibit C. ^ Development Agreement (between White-Leasure Development Company and Cit ~ of Meridian, Instrument #105134293 recorded 8/25/051 The DA includes two sections that specifically address access to Meridian Road/SH69: • Para. 1.7 (Findings), which states that "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has 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. Staff finds that the proposed access points to Kuna-Meridian Road (SH 69) and Overland Road shall be subject to the location requirements ofITD and ACIID respectively. In compliance with the Meridian Comprehensive Plan no curb cuts shall be allowed on Kuna- Meridian Road (SH 69,E • Para. SD.2, which cites that any future uses shall obtain conditional approval subject to the conditions of ACHD and ITD. Said ITD policies strongly discourage direct access to Meridian Road and/or arterials in Meridian. The applicant was given ITD policy on December 1, 2004 by Mr. Dan Coonce P.E. District Traffic Engineer, who stated "that the access to the development could be developed off of Overland Road and not off of State Highway (69). This section of SH-69 has been designated a Principal Arterial Type IV. ITD would like the City of Meridian to help us preserve this corridor by recognizing the following conditions. Building setbacks for future right of way widths will be, A: 120 feet each side of centerline (240 feet total) to include a frontage road, or B.• 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage type road system to feeder roads. " ^ Applicant Arguments to Grant Variance Meridian Gateway Access VAR-OS-027 PAGE 5 CITY OF MERIDIAN PLANNIN~D ZONING DEPARTMENT STAFF REPORT~HEARING D ATE OF 5/2/2006 The applicant's arguments to grant the variance were summarized in Section 3.h of this report (page 2). Please see the application for more details. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. The fact that the applicant began the process of securing access to Meridian Road before adoption of the UDC is not the right question. The question required by the UDC (11-3H-4.B.a) is, "Was there a lawful and properly permitted existing use effective September 15, 2005?" The answer is "no," because the DA did not approve any specific uses or grant any use permits for the properly - it only annexed the land and required all future uses to be upgraded to meet the City of Meridian Standards and required all future uses to submit for Conditional Approval. ITD has not approved access permits to this site. The fact that TTD has akeady granted approach permits in the area is also not the issue at hand for the City Council. The City Council is charged with enforcing the terms of the recorded DA and following the City's ordinances - in this case Article H of the UDC and determining the variance based on the City's own findings. The applicant claims that due to physical constraints on the site that they will not be able to create a frontage road. However, the ITD policy states that a frontage "type" of connection may be utilized, which does not have to be with a public road connection. ACHD has approved two access points to Overland Road, which will be upgraded at the controlled intersection. These access points are less than 753 feet from any point on the site and properly designed, staff feels that the size of the site does not constitute reason for a variance as it is common to drove less than 1/8~' of a mile when accessing a public road system. Furthermore, the DA includes a statement that an access "may" be granted, if approved by ITD. However, the UDC explicitly states there must bean "existing use that is lawful and properly permitted" prior to September 15, 2005. No such use has yet been approved and all uses existing on site are acknowledged as illegal or non-conforming to City Ordinance. 9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to grant new vehicular access points to Meridian Road/SH69. We fmd the recorded DA and letters received from ITI) during the 2004-2005 annexation process make no guarantees that permanent access points would be approved. Conversely, the only hint that new access points may be allowed is found in condition #A.3.c on page 4 of the DA which uses the words "~ connect to Meridian Road, if allowed by ITD." Finally, we do not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject application. 9c. Council Reconsideration/Action: On April 18, 2006 the City Council reconsidered the item with full testimony from the neighborhood, the owner, and the owners traffic engineers. The council made a partial finding on the variance request for approval and could fmd a hardship on the site for the southernmost access point (approximately 730 feet south of the centerline of Overland Road), the council could not find a hardship for the access closest to the intersection and made a motion consistent with these findings as attached in Exhibit C. On June 6, 2006 the City Council annroved one right-in/rieht-out access to Meridian Road for this site located no closer than 500 feet south of Overland Road The anulicant is reauired to urovide and eztend the access immediately to the property to the west 10. EXHIBITS A. Overall Alternative Concept Plan (by White-Leasure Development Company) Meridian Gateway Access VAR-OS-027 PAGE 6 CITY OF MERIDIAN PLANNID BONING DEPARTMENT STAFF REPORT HEARING DATE F O 5/2/2006 B. Legal Description C. Required Findings from UDC (Variance) Meridian Gateway Access VAR-OS-027 PAGE 7 CITY OF MERIDIAN PLANND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 Exhibit A: Overall Alternative Concept Plan (White-Leasure Development Company) ~o.34a cPO r~oaa~ cad fta. P --~- ~- I~~di1'---~ V![O 9.W Hri. ~.~~~ illlinlli~a~ ~ ~~ 14,ffiD sT .. ~w _ ~ ~CH-ELI- ~E_--~ ~ I _~ ~= ~~I{~I~~fECJ _~ , ,~ t a _ ' i ~~ r ~ ~~ j ~~ t-____,_ '~ mq "'~V_'641M1~_ Reistttlca~ ~_ I4~ -- ~ ~ .~ _ Whlte--Caseate De~aalopment Co. 4tfi South 8th S#reet. Suits 20D Boise, td 8370'1 Pirarle: ~~~~ 345-1842 ~1Aer~dian~ ~~ Nler~dian & Overhand Raed ~~ ~ ~ a 6 I~ 2 ~~ i.~ ~ P pp~~ ++ IlAeridian Rc~~rd ~ "°' Access Th4 r~ o4n M oar~.e sa a.a er urrhroua4roep ~ntreuaaa. ~~~~~ rMm..«nera..~war M~Ml ~d~ b~L~gi~,4l~iDY~eu~p~~dlT1 betlW dP1ROL~11q Wre~dNrew Meridian Gateway Variance Application Exhibit A Page I CITY OF MERIDIAN PLANND~D ZONING DEPARTMENT STAFF REPORT~HEARING DATE F O 5/2/2006 Exhibit B: Legal Description Roylance & Associates P.A. Engineers • Surveyors ~ Landplanners 391 W. State Street, Suite E, Eat, Idaho 83616 Telephone (208) 9;i9-2824 Fax (208)939-2855 October I5, 2004 Project Number 2560 Legal Description ~ . White-Leasure Development Company Annexation Area 9.08 Acres A tract of land situated in the Northeast One Quarter of the Northeast One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Section Corner monumen6ng the Northeast comer of said Section 24 and the P011VT OF BEGIlVNING. Thence following the northerly litre of said Section 24 and the centerline of West Overland Road, NoRh 89°46'45" West a distance of 525.00 feet to a point; - Thence leaving said northerly line and the ceneerline of West Overland Road, South 00°37'36" West a distance of 753.50 feet to a point on the northerly line of Elk Run Subdivision, a recorded plat on fde in Book 63 of Plats at pages 6303 and 6304, Records of Ada County, Idaho; Thence following said northerly Gne South 89°46'45' East a distance of 525.00 feet to a point on the easterly line of said Section 24 and the centerline of South Meridian Road; Thence leaving said northerly line and following the easterly line of Section 24 and the centerline of South Meridian Road, North 00°37'36" East a distance of 753.50 feet to the POINT OF BEGINNING. The above-described ortct of land contains 9.08 acres, man: or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, S E EAGLE, IDAHO 83616 pE~n AP~~ (208)939-2824 ~ (208) 939-2855 FAX pC~ ~ ~ 2d~ ~ y~oaKS o~Q~ l o - t S-py ?C:1Pmjeta\White-Leasure~2560tAdmmLLegals19.08 act onwx:nfon.doc Meridian Gateway Variance Application Exhibit B Page 1 R CITY OF MERIDIAN PLANNIND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: T'he City Council fords a hardship on the ability of the site to provide adequate access to the southernmost portion of the site. The access could act as an internal commercial frontage road to Overland Road as Bear Creek Subdivision is fully developed south of the site. This feature is unique to the site and does not propose a special privilege. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the TI'D. B. The variance relieves an undue hardship because of characteristics of the site; Council fords the hardship is the inability to have cross access to the parcels south of the site which was not created by the developer. Council fords that the request for access closest to Overland Road is not a hardship as Overland Road provides adequate access for the northern portion of the site. Council finds that the access shall not be closer than 500 feet from the intersection of Meridian Road and Overland Road which is intended to meet staffs concerns as detailed in the report and as presented at the hearings on April 18, 2006 and June 6, 2006. Council finds that the access shall also be designed as right in/right out only which is intended to meet staffs concerns as detailed in the report and as presented at the hearing April 18, 2006 and June 6, 2006. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the right-in/right-out access point at no closer than 500 feet south of the Overland/Meridian Road/SH69 intersection, with a direct connection to the property to the west, will allow for a better connection to meet the need to merge with existing southbound traffic. Granting the fiill movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. The access, if designed as restricted, and as detailed in this report, with the testimony received at the April 18 and June 6, 2006 public hearing shall not be detrimental to the pubic health, safety, and welfare of the community. Meridian Gateway Variance Application Exhibit C Page 1 LJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RE~EI~ SEP 1 4 2006 ~ + #~ r ~ ~: t.['dV' fib 11 ~ ~~ ~" ~G..I j K~ ,' tr~,a9-tca F Y;. ~{~ ±,tfi= _~s .t"rry~ v f 1 -- i,~a In the Matter of Variance request for access to SH 69/ Meridian Road, for Meridian Gateway 6y White-Leasure Development. Case No(s). VAR-OS-027 For the City Council Hearing Date of: May 2, 2006 and June 6, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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 '~77f Meridian City ~1~~~ ®f~ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-027- PAGE 1 of 3 • 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of restricted 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, Site Plan, and the all in the attached findings in the Staff Report for the hearing date of May 2, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Variance Reauest for access to SH 69/Meridian Road is hereby approved with the restrictions placed on the site by the Meridian Citv Council at the June 6.2006 public hearing. The applicant shall be ,:ranted one, right-in/ri~ht- out only access to Meridian Road, located no closer than 500 feet south of Overland Road to be measured from the center line of Overland Road. Further, said access shall eztend directly to the property to the .west. Please see the Staff Report dated May 2, 2006 for more information. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of May 2, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-027- PAGE 2 of 3 :J By action of the City Council at its regular meeting held on the o71~ day of .~W'1G~ , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED up ~ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED ~-' MAYOR de WEERD ATTEST: e>,'`\``C~~~ ~~ ~~~~~p~~°'-. ,~~' ~`~ WILLIAM G. BERG, JR., C)sE ~`~~~'`-"~ ~ ~'~ '~~ ~~ ~~~~ ~ ~~~ • ~~ ~® `tee; .~ Copy served upon: Applicari~'®~ ~ , ~~~, ~'°~~ Planning Dep°~nbe+++'a+ Public Works Deparhnent City Attorney By: Dated: ~ ° ~ el °O~p City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-027- PAGE 3 of 3 CITY OF MERIDIAN PLANNI~AND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 r • ~ ~: STAFF REPORT Hearing Date: May 2, 2006 C ~,.,, ~,~ e ~ ~~ ''~ t _ ' ~_ 1. Reconsidered and Approved: June 6, 2006 ~ ~ ~ ~'~ Continued from: April 18, 2006 ~' ~~'`~~' ~~~ ' ~w_~• . F tT Reconsidered from: March 14, 2006 - P --~~~~,e._d,L~.~_:~-!-x~ ~~~„ Continued to: February 21, 2006 Hearing Date: February 7, 2006 TO: Mayor and City Council FROM: Joe Guenther, Associate City Planner SUBJECT: Meridian Gateway Variance File No. VAR-OS-027 Variance request to allow two access points onto Meridian Road, SH 69 by White Leasure Development Company 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to state highways. The Variance application proposes two new approaches to Meridian Road, SH 69, including one right-in/right-out and one full access driveways. On December 15, 2005, Idaho Transportation Department (ITD) staff submitted a response to the request for access to Meridian Road. ITD staff indicated that the two proposed access points do not meet district policies. In December 2005, ITD's executive committee conditionally approved the locations contingent on obtaining a Variance to Section 11-3H of the UDC. The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page 2 of this report. On March 14, 2006 the Planning Director asked for reconsideration of the item to determine findings and clarify the intent of the council. On April 18, 2006 the Meridian City Council moved to approve one variance location at approximately 730 feet south of the centerline of Overland Road and Meridian Road/SH69. This report contains the findings for approval as revised on April 18, 2006.On Mav 2°d, 2006. the Council modified their decision and voted to allow one right-in/right out access to Meridian Road located no closer than 500 feet south of Overland Road to be measured from the center line of Overland Road. This report contains the findings for approval as revised on June 6, 2006 (please see below for details.) The Variance application pertains to the 9.08 acres proposed as a commercial development, the applicant has not submitted development applications consecutively with the variance request. Meridian Gateway was annexed into the City of Meridian on August 25, 2005 subject to the development agreement #105134293. The City Council has final decision authority on the Variance application. 2. SiJNIlVIARY RECOMMENDATION Staff recommended denial of the subject Variance application (VAR-OS-027) for the reasons listed in the staff report dated February 21, 2006. Staff cannot find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. Also, Exhibit B of the Meridian Gateway Development Agreement makes the fording that curb cuts will not be allowed to Meridian Road, SH 69. On June 6, 2006 the City Council voted to grant one right-in/right out access to Meridian Road for this site. Meridian Gateway Access VAR-OS-027 PAGE 1 CITY OF MERIDIAN PLANNIN~AND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 3. APPLICATION AND PROPERTY FACT5 a. Site Address/Location: SW corner of Overland and Meridian Road, SH 69 Township 3N, Range 1 W, Section 24 b. Owner William and Mary Howell 497 White Cloud Boise, Idaho 83703 c. Applicant: White Leasure Development Company, Jeff Huber 416 South 8~' Street, Ste 200 Boise, Idaho 83702 d. Representative: Jeff Huber, White Leasure Development Company e. Present Zoning: General Retail and Commercial (C-G), Meridian f. Present Comprehensive Plan Designation: Commercial - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by White-Leasure Development Company) for a copy of the overall conceptual site plan which depicts the proposed driveway locations. h. Applicant's Statement/Justification: The application lists the following key arguments for allowing the new access points to Meridian Road, SH 69: ^ We began the process of securing access to Meridian Road before adoption of the UDC; ^ There is no possibility of providing a frontage road as ITD policy claims; ^ ITD has already granted approach permits for the project on the east side of Meridian Road; ^ We believe we are grandfathered from the UDC based on discussions and annexation occurring before its adoption. 4. 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. The Meridian City Clerk's Office has on file documents regarding site posting and noticing for this application. 5. LAND USE a. Existing Land Use(s): Various illegal uses b. Description of Character of Surrounding Area: Single family residential, highway- oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Mr. Sandman Sub #2 and Interstate Center Sub, zoned C-G with an existing convenience station Meridian Gateway Access VAR-OS-027 PAGE 2 CITY OF MERIDIAN PLANNII~ND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 2. West: unplatted, zoned C-G 3. South: Elk Run Sub, currently used for Residential purposes, zoned R-8 4. East: Southern Springs Sub #2, zoned C-G d. History of Previous Actions: File AZ-04-031, Annexation and Zoning for Meridian Gateway. Same property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement on August 25, 2005. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Overland Road Location of water: Extension of mains in Overland Road Issues or concerns: None 2. Vegetation: none 3. Flood plain: N/A 4. Canals/Ditches Irrigation: none. 5. Hazards: There is an existing clean up in process at this site for gasoline contaminated soils. Also there is much junk on site as well as dangerous materials being stored improperly. 6. Size of Property: 9.08 acres 7. Description of Use: five pads for approximately 51,000 s.f. retaiUcommercial development (conceptual) f. Subdivision Plat Information - N/A g. Landscaping - N/A h. Planned Development Characteristics - N/A i. Amenities - N/A j. Off-Street Parking (residential uses) - N/A k. Proposed and Required Residential Standards - N/A 1. Proposed and Required Non-Residential - N/A m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing two new access points to Meridian Road/SH69 at the following locations (see Exhibit A): ^ Driveway #1 -approximately 363 feet south of Overland Road ^ Driveway #2 (main access, aligned with Southern Springs) - 730 feet south of Overland Road As noted above, ITD has not issued permits for these approaches. ITI) has made these locations contingent on the City of Meridian granting a variance. In addition, the recorded DA between the applicant and the City specifically states that no curb cuts shall be allowed to Meridian Road, SH 69 in support of the Meridian Comprehensive plan for Gateway Corridors and ITI) policy in place at the time of annexation. Meridian Gateway Access VAR-OS-027 PAGE 3 CITY OF MERIDIAN PLANNIN~ND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 For a detailed report on both ITD's and ACHD's actions and comments, please see the letters submitted with the application. 6. AGENCY COMMENTS All agencies provided comments for the annexation application with the exception of ACHD and ITD. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Commercial' on the Future Land Use Map. The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimise access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) ^ "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) ^ "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) 8. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Development along Federal and State Highways: Unified Development Code (UDC) 11- 3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: Meridian Gateway Access VAR-OS-027 PAGE 4 CITY OF MERIDIAN PLANNDD ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "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." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (staffs analysis in italics). For additional analysis, see the Variance Findings in Exhibit C. ^ Development Aereement (between White-Leasure Development Company and City of Meridian. Instrument #105134293, recorded 8/25/051 The DA includes two sections that specifically address access to Meridian Road/SH69: • Para. 1.7 (Findings), which states that "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has 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. Stafffinds that the proposed access points to Kuna Meridian Road (SH 69) and Overland Road shall be subject to the location requirements ofITD and ACIID respectively. In compliance with the Meridian Comprehensive Plan no curb cuts shall be allowed on Kuna- Meridian Road (SH 69L • Para. SD.2, which cites that any future uses shall obtain conditional approval subject to the conditions of ACHD and ITD. Said ITD policies strongly discourage direct access to Meridian Road and/or arterials in Meridian. The applicant was given ITD policy on December 1, 2004 by Mr. Dan Coonce P.E. District Traffic Engineer, who stated "that the access to the development could be developed off of Overland Road and not off of State Highway (69). This section of SH-69 has been designated a Principal Arterial Type IV. ITD would like the City of Meridian to help us preserve this corridor by recognizing the following conditions. Building setbacks for future right of way widths will be, A: 120 feet each side of centerline (240 feet total) to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage type road system to feeder roads. " ^ Applicant Arguments to Grant Variance Meridian Gateway Access VAR-OS-027 PAGE 5 CITY OF MERIDIAN PLANNIN~D ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 The applicant's arguments to grant the variance were summarized in Section 3.h of this report (page 2). Please see the application for more details. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. The fact that the applicant began the process of securing access to Meridian Road before adoption of the UDC is not the right question. The question required by the UDC (11-3H-4.B.a) is, "Was there a lawful and properly permitted existing use effective September 15, 2005?" The answer is "no," because the DA did not approve any specific uses or grant any use permits for the property - it only annexed the land and required all future uses to be upgraded to meet the City of Meridian Standards and required all future uses to submit for Conditional Approval. TTD has not approved access permits to this site. The fact that TTD has already granted approach permits in the area is also not the issue at hand for the City Council. The City Council is charged with enforcing the terms of the recorded DA and following the City's ordinances - in this case Article H of the UDC and determining the variance based on the City's own findings. The applicant claims that due to physical constraints on the site that they will not be able to create a frontage road. However, the TTD policy states that a frontage "type" of connection may be utilized, which does not have to be with a public road connection. ACHD has approved two access points to Overland Road, which will be upgraded at the controlled intersection. These access points are less than 753 feet from any point on the site and properly designed, staff feels that the size of the site does not constitute reason for a variance as it is common to drive less than 1/8~' of a mile when accessing a public road system. Furthermore, the DA includes a statement that an access "may" be granted, if approved by ITD. However, the UDC explicitly states there must bean "existing use that is lawful and properly permitted" prior to September 15, 2005. No such use has yet been approved and all uses existing on site are acknowledged as illegal or non-conforming to City Ordinance. 9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to grant new vehicular access points to Meridian Road/SH69. We find the recorded DA and letters received from ITD during the 2004-2005 annexation process make no guarantees that permanent access points would be approved. Conversely, the only hint that new access points may be allowed is found in condition #A.3.c on page 4 of the DA which uses the words "~ connect to Meridian Road, if allowed by ITD." Finally, we do not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject application. 9c. Council Reconsideration/Action: On April 18, 2006 the City Council reconsidered the item with full testimony from the neighborhood, the owner, and the owners traffic engineers. The council made a partial fording on the variance request for approval and could fmd a hardship on the site for the southernmost access point (approximately 730 feet south of the centerline of Overland Road), the council could not find a hardship for the access closest to the intersection and made a motion consistent with these findings as attached in Exhibit C. On June 6, 2006 the City Council approved one right-in/ri~ht-out access to Meridian Road for this site, located no closer than 500 feet south of Overland Road. The applicant is reauired to provide and eztend the access immediately to the property to the west. 10. EI~~ITS A. Overall Alternative Concept Plan (by White-Leasure Development Company) Meridian Gateway Access VAR-OS-027 PAGE 6 CITY OF MERIDIAN PLANND~D ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 B. Legal Description C. Required Findings from UDC (Variance) Meridian Gateway Access VAR-OS-027 PAGE 7 CITY OF MERIDIAN PLANNI~D ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 Exhibit A: Overall Alternative Concept Plan (White-Leasure Development Company) 1 aaaa cPO (~~? ae~a~ Rd. .. __ -_ ~ - - z R~RC9- - ~ - - - ~' SitB 4.68 ~, ~ Pad 1 a ~ `~ !1 14,82ti BI •• a~--a{ 5i?f1 ~w `--- ~ ~__ ~ r ~C~~ ~ I~ f-~ f I D ~-- ~~ { r ~w ~~ ~ =~ F~ ~_ _~~ ---___ ~ ~ ~~_~ ~nft~-fa ~~,t ~. 4'66 >~, f3e~ , s~ ~~ 63o1~e, ft} 837111 Pnoa~ Ezcel 3~s-1r~a f. ;i~ a i, ~ss6rcPO {zf3~I I a ~ ~n I i ! I k i ~ ff j t ~I I I ~ ~---;r--_ r_ Meridian, i~- Meridian & C}aerland Read ~fi~ ~ ~~ ~, i ~, A~itemate w Meridian Road Gr, ~~~.~~~ ~~~ ~~~~ 7a.ue~mdarsws~t Meridian Gateway Variance Application Exhibit A Page I CITY OF MERIDIAN PLANND ZONING DEPARTMENT STAFF REPORT HEARING DATE OF 5/2/2006 Exhibit B: Legal Description Roylance & Associates P.A. f Eng;neers . strrveyors• Landplanners 391 W. Stale Street, Suite E, Eag~, Idaho 83616 Telephone (208) 939-2824 Fats (208)93x•2855 October 15, 2tX14 Project Number 2560 Legal Description ~ - White-Leasure Development Company Annexation Area 9.08 Acres A tract of land situated in the Northeast One Quarter of the Northeast Ors Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Section Comer monumenting the Northeast corner of said Section 24 and the POWT OF BEGINNING. Thence following the northerly line of said Section 24 and the centerline of West Overland Road, North 89°46'45" West a distance of 525.00 feet to a point; - Thence leaving said northerly line and the centerline of West Overland Road, South 00°37'36" West a distance of 753.50 feet to a point on the northerly Gne of Elk Run Subdivision, a recorded plat on file in Book 63 of Plats at pages 6303 and 6304, Records of Ada County, Idaho; Thence following said northerly Gne South 89°46'45" East a distance of 525.0(1 feet to a point on the easterly line of said Section 24 and the centerline of South Meridian Road; Thence leaving said northerly line and following the easterly line of Section 24 and the centerline of South Meridian Road, North 00°37'36" East a distance of 753.50 feet to the POINT OF BEGWMNG. The above-described tract of land contains 9.08 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, S At'~ EAGLE, IDAHO 83616 tt~ (208)939-2824 ~ (208) 939-2855 FAX ®cj ~ rj ~ y~pRKS ~~~~ 0 t~-is-o~1 X:SProjectslWtu[e-L.easurel?5(~1A,dminu.egals19.o8 acre_~*~~ondtt Meridian Gateway Variance Application Exhibit B Page 1 CITY OF MERIDIAN PLANND ZONING DEPARTMENT STAFF REPOItT~ HEARING DATE OF 5/2/2006 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the varia~~ce 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 City Council finds a hardship on the ability of the site to provide adequate access to the southernmost portion of the site. The access could act as an internaUcommercial frontage road to Overland Road as Bear Creek Subdivision is fully developed south of the site. This feature is unique to the site and does not propose a special privilege. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the I'I'D. B. The variance relieves an undue hardship because a~f characteristics of the site; Council fords the hardship is the inability to have cross access to the parcels south of the site which was not created by the developer. Council fords that the request for access closest to (h~erland Road is not a hardship as Overland Road provides adequate access for the northern portion of the site. Council fords that the access shall not be closer than 500 feet from the intersection of Meridian Road and Overland Road which is intended) to meet staffs concerns as detailed in the report and as presented at the hearings on April 18, 2006 and June 6, 2006. Council finds that the access shall also be designed as right in/right out only which is intended to meet staffs concerns as detailed in the re)~ort and as presented at the hearing April 18, 2006 and June 6, 2006. C. The variance shall not be detrimental to the public health, safety, and welfare. Council fords that granting the right-in/right-out access point at no closer than 500 feet south of the Overland/Meridian Road/SH69 intersection, with a direct connection to the property to the west, willl allow for a better connection to meet the need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. The access, if designed as restricted, ~~nd as detailed in this report, with the testimony received at the April 18 and June 6, 2006 public hearing shall not be detrimental to the pubic health, safety, and welfare of the community. Meridian Gateway Variance Application Exhibit C Page 1 • June 23, 2006 AZ 05-045 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT M&H Development, LLC ITEM NO. 5-H REQUEST Development Agreement -Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision - 4275 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS ~~_ See atlachs+d Development Agreement J'y~~ ~" I ~ ' Date: ~plT- Phone: ~'3 ~-' YQ ~l ~l/c dd n Staff Initialr, Materials preserded at pubOc meetings steal become property at the City of Medaan. • ADA COUNTY RECOR[IER~IYID NAYARRO AMOUNT .00 64 BOISE IDAHO 07/06/0[ 02: PM DEPUTY Pate Thompson III I'll'II'IIIII'I'll~'lll'I'IIII I'll RECORDED-REQUESI~ OF City of Meridian Public, Works 10610030 DEVELOPMENT AGREEMENT' PARTIES: 1. City of Meridian 2• M & H Development, LLC, Owner/Deve:loper THIS DEVELOPMENT AGREEMENT (this ".Agreement"), is made and entered into this 19~'' day of ~ur~e. , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter call~;d "CITY', and M & H Development, LLC., whose address is 82 East State Street, Suite "B", Eagle, Idaho 83616 hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated Herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has sut~mitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) l,ow Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Plannin,; & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBI>IVISION PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings f or the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian :planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 21St dory of February, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Clwner/Developer" to enter into a development agreement before thf; City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpo:;e of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a rE:salt of evidence received by the "City" in the proceedings for ~:oning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 2 OF 11 j• DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organizf;d and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 `~OWNER/DEVELOPER": means a:nd refers to M & H Development, LLC., whose address is 82 >E;ast State, Suite "B",Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of A.da, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY THIS AGREEMENT': 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinar.~ce codified at Meridian Unified Development Code, Section 11 wl-~ich are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4 zone, and the pertinentprovisions of the City ofMeridian Comprehensive Plan are applicable to thisAZ OS-045 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5• DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated August 15, DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 3 OF 1 I ~ ~ 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1, "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6. That any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations. DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 4 OF 11 ~ ~ 7. That prior to the City Council's approval of the 200' residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the parking lot, and the tot lot. 8. That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. 9. That one public street access will be allowed to Locust Grove Road; direct lot access to Locust Grove Road shall be prohibited. 10. Tliat the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest corner of the property. 7• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8• CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and ifthe "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owner/Developer"shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 5 OF 11 ~ ~ thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solelyto the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer",prior to the third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Properly" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 6 OF 11 ~ ~ breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 1 ~• NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 7 OF 11 ~ ~ CITY: OWNER/DEVELOPER: c/o City Engineer M & H Development, LLC. City of Meridian 82 East State Street, Suite "B" 33 E. Idaho Ave. Eagle, ID 83616 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20• BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 8 OF I 1 • evidence of termination of this Agreement if"Ci " determined that "Owner/Developer" has fuliY ' m its sole and reasonable discretion, had Agreement. Y performed its obligations under this 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23 • EFFECTIVE DATE OF AGREEMENT; This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 9 OF 11 ~ ~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER M & H DEVELOPMENT, LLC. By: uich CITY OF MERIDIAN BY: Op ~~"' d.GG~ P ~id~h-~' Attest: ~~d/ ~~® ,~~v ~~g~.e = CITY CLERK ~~{'/rf fff ff ii 19 fi19 t941ttt4t~~``~ DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 10 OF 11 ~ ~ STATE OF IDAHO, ) . ss: County of Ada, ) On this ~~Y~day of , 2006, before me, the undersi ed a Notary Public in and for said State, personally appeared Dave Buich, known or identgified~to me to be the of M & H Development, LLC, acknowledged to me that he executed the s eon behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~~ ~U~~~~t, (SEAL) pTA,~ ~, °~~ t~ so+ pv8ti~~ ~' ®O•.~rE OF 1~Q.~,a STATE OF IDAHO ) County of Ada ss Notary Public f r Idah ~~~~~ ~'~.1 Residing at: ~ V My Commission Expires: ~ `I ~C On this ~,?= ~,y of ~t' n~ , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. •rs~rr_rrrr• .' O 1 ~••~~~~• • r i ~~ S ~\ `~ ( tiJ ~ fY~l ' ~, •~ , •~~+ ~~~~ otary Public for Idaho Residing at: (~~ d W ell, !~ Commission expires: !(y-~ (-( ~ DEVELOPMENT AGREEMENT (AZ OS-045) REFLECTION RIDGE SUBDIVISION PAGE 11 OF 11 ~ ~ SIC ~ ~-~r+~y~ ~c~ ~eri~nt Rd. s~"fE 7lr1 a f~oi~ 1rolaleo a S370S a ~r a ~,Ta3~ Fax REFLECTION RIDGE ANNEXATION DESCRIPTION A PORTION OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE IiAEwD1A{11, ADA COUNTY, IDAHO . A portion of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Center % Comer of said Section 30, the TRUE POINT OF BEGINNING; thence along the North-South Center of Section Line, North 00°08'02" West, a distance of 1113.93 feet to the beginning of anon-tangent curse to the right on the centerline of the Ridenbaugh Canal; thence along said centerline the following courses and distances: along said non tangent curve to the right having a length of 152.90 feed a radius of`251.76 feet, a central angle of 34°47'46°, tangents of 78.89 feet, and a long chord which bears South 42°21'06a East, a distance of 150.56 feet; South 24°57'138 East, a distance of 378.12 feet to the beginning of a curve to the left; along said curve to the left having a length of 115.22 feet, a radius of 315.00 fit, a central angle of 20°57'29", tangents of 58.26 feet, and a long chord which bears South 35°25'58° East, a distance of 114.58 feet; South 45°54'42° East, a distance of 808,09 feet to a point on the East-West Center of Section line of Section 30; thence along said East-West Center of Section Line, South 89°43'54'° West, a distance of 71.43 feet more or less, to the South side of the Ridenbaugh Canal, as called for in Quit Claim Deed Instrument Number 102158440; thence along said South side the following courses and distances: South 45°x'45" East, a distance of 1032.09 fit more or less, to the beginning of a curve to the Left; along said curve to the left having a length of 279.14 feet more or less, a radius of 800.E feet, a central angle of 19°59'31 °, tangents of 141.00 feet more or less, and a long chord which bears South 55 50'31 East, a distance of 277.72 feet more or less; South 65°50' 16p East, a distance of 417.14 feet more or less, to beginning of a curve to the left; along said curve to the left having a length of 282,05 feet more or less, a radius of 300.00 feet, a central angle of 53°52'04°, tangents of 152.42 feet mare or less, and a long chord which bears North 87°13'42° East, a distance of 271.78 feet more or less; North 60°17'40fl East, a distance of 201.31 feet more or less, to the Easterly boundary of Ser~ion 30; thence along said easterly boundary, South ~°30'07n East, a distance of 385.00 feet more or less to the South 1 /16"' Comer common to Sections 30 and 29; thence along the South 1/16' line of Bastion 30, South 89°46'S1A West, a distance of 2631.28 feet to the Center-South 1/16' Comer of Section 30; thence along the North-South Center Line of Section 30, South ~°08'02° East, a distance of 167.53 feet to the most Southerly comer or property described in Personal Representatives Deed Instrument Number 99008747; thence along the Southerly boundary of said Personal Representatives Did the following courses and distances: North 38°33'24° West, a distance of 126.24 feet; North 52°28'30° West, a distance of 595.70 feet; North 60°34'04° West, a distance of 244.40 feet; North 64°04'55' West, a distance of 164..59 feet; North 65°54'09° West, a distance of 453.96 feet to a point on the West 1/16"' line of Section 30; thence along said west 1/16' line, North 00°00'23° West, a distanoe of 646.52 feet to the Canter-West 1116"' Comer of Section 30; thence along the East West Center Section line of Section 30, North 89°44'36° East, a distance of 1323.01 feet to the TRUE POINT OF BEGINNING. Containing 91.085 acres, more or less. Subj~t to existing eeseme~ts and rights-of~-ay as any may exist, of record or not of record. it is the intention of this description to include all of the properly described in Quit Claim Deed Instrument number 102158440, Personal Representatives Deed Instrument Number 908747, Quit Claim Deed Instrument number 96tI05405, and Quit Claim Deed Instrument number 99112159, including any portions of these properties not de'_bed in this document, R EW APP~tO s Refer to attached sketch. ~~~a ~~ ~ ~~~~ Fox Land Surveys, Inc. Timothy d. Fox, President, PLS 7612 a~1Er~~Diar~ Qu$uc END OF DE~~Pf~N TJF:taj ~~PR.OIT:G1512003105-d28.P StS?BAT~R+I~E~C(8-15-0S~.DOC clTy of ~IZIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND D~crsxorr ~ ORDER • RECEIVED Fie 1-~ zoos Ci ~,~~ k Qffice i:17~' ~-YF 1~ ~~ • a - ... ~~~~~ ~ , ,~ ' ~u:tir~r,~ fr ~~~ .~` Yn the Matter of Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density Residential) AND Preliminary Plat approval request for ZS5 residential building lots and Z9 common/other lots AND Conditional Use Permit for a Planned Development consisting of ZS5 single-family home sites with a request to reduce the standard lot size, lot frontage, building setback and maadmum block length in the proposed R-4 zone, by M & H Development, LLC and ADW, LLC. Case No(s).: AZ-OS-045, PP-05-048 and CUP-05-046 For the City Council Hearing Date of: February Z1, Z006 A. Findings of Fact I . Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts (see attached StaffReport for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code {see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," cadified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANp DECISION & ORDER CASE NO(S). AZ-OS-04S / PP-OS-048 /CUP-05-046 -PAGE 1 of 4 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. 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, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 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 aze herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 12, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 5, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18} Month Conditional Use Permit Duration Please take notice that the conditianal use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permuitted in accord with the conditions of approval, satisfy the requvrements set forth in the conditions of approval, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-045 / PP-OS-048 /CUP-OS-046 -PAGE 2 of 4 and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) mantlm period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase, In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to continence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the .Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the temaination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined. preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. F. 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 may be adversely affected. by the issuance or denial of CITY OF MERiD1AN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND bBCISION & ORDER CASE NO(S). AZ-0S-045 / PP-OS-048 /CUP-OS-046 - PAQE 3 of 4 the conditional use permit approval may within twenty-eight (2$) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Cade. F. Attached: Staff Report for the hearing date of February 21, 2006 By action of the City Council at its regular meeting held on the ~l ~~ da of 2006. y COUNCIL MEMBER SHAUN WARDLE VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_ C~~,~,~,~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ I~~~~ COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED '~~ M~~ ~ y ~ ,~~~~ERD ATTEST: '~~ ~~~~`~, %' 4 ~~ ~ ~(~..~',~~ `~ + - ~ GlYi •=11:.:..,x.,. ILLIAM G. BERG JR., I CLI~2.K F ~;~ ~ g~~+ ~~ ~ ~~ ~`'~• Copy served upon: / Applicant ~~~~~ierrltt? totE:~`9~~~~ / Planning Department / Public Works Deparhn,ent / City Attorney B Dated: ity Clerk's Office CITY OF MER1DiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A~OS-045 / PP-OS-048 / CLJP-05-046 -PAGE 4 of 4 CITY OF MERIDIAN PLAN DEPARTMENT S'1:4FF REPORT FOR THE HEARll~~1TE OF FEHR~I ,~00~ H ; ~r r STATF' REPORT Hearing Date: 2/21/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager 208-884-5533 SUBJECT: Reflection Ridge Subdivision i' ~ 2006 f:fN f SF 5~~~ ~ {~ y ~~rl~ar] ~f'lt~xc~l~~ z~k office .~ ~F tE1.V~it:? 1; AZ-05-045 Annexation and Zoning of 91.1 acres from RUT to R-4 (I,ow Density Residential). PP-05-048 Preliminary Plat request for 255 building lots and 26 eommon/other lots. CUP-05-046 Conditional Use Permit for a planned development consisting of 25S single- familyhome sites with a request to reduce the standard lot size, lot frontage, building setback and maximum block length iua the proposed R-4 zone. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, M & H Development, LLG and ADW, LLC, have applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 255 building lots and 26 common/other lass on 91.1 acres. The site is located on the west side of Locust Grove Road, approximately }/ of a mile north of Amity Road. This site is currently rural residential and is currently improved with three single-family residential buildings and several accessory buildings. The site has not been previously platted. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on October 20, 2005, November 17, 2005 and January 5, 2006. At the January Ss' public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: David 1C.oga (applicant's representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: None b. Ivey Issues of Discussion by Commission: i. Ridenbaugh Canal ownership and constructing amulti-use pathway near the Canal. ii. Street layout and traffic calming mechanisms. ivi. Emergency/secondary access from Meridian Road via the existing private lane/future collector roadway. c. Key Commission Changes to Staff Recommendation: i. Amended Site Specific Condition 1.1. l in Exhibit B of the Staff Report to reference the revised plan/plat date. d. Outstanding Issue(s) for City Council: i. Staff recommends that the applicant at the public hearing_provide an update on the status of acquiring a portion of the Ridenbau h~Canal property from NMID to Reflection Ridge Subdivision-AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 1 CITY OF MERIDIAN PLAN p1:PARTMENT STAFF REPORT FOR THE HEARl~ATB OF >~.EBRUARY 21, 2006 construct the multi-use pathwav and give an update on any chance to the tlro>,osed mult'-use nathwav's location that may be reauired by NMID The subject property is within the Urban Service Planning Area. The subject applicatiozis (A7, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and the Planning & Zoning Commission recommended conditions of approval for the requested annexation and zoning, preliminary plat, and conditional use permit applications. The recommendation and conditions of approval listed within the subject Staff Report are based on the revised drawings for Reflection Ride. NOTE: These applications ware originally submitted prior to the City adopting the Unified Development Code (UDC}. This project is being reviewed under the previous development provisions of Titles 11 and l2 of Meridian City Code (MCC). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-045, PP-OS-048 and CUP-OS-046 as presented in Staff Report for the hearing date of February 21, 2006 and the Revised Preliminary Plat dated September 12, 2005, and the Site Plan dated January 5, 2006 with the following modifications to the conditions of approval: (add any proposed modifications.) Denitil After considering all staff, applicant and public testimony, I inave to deny File Numbers AZ-OS- 045 and CUP-OS-046 for the following reasons: (you should state specific reasons for denial of the Annexation and CUP; you must state specific reason(s) for denial of the Preliminary Plat.) Contlnuau~ce After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-OS-045, PP-05-048 and CUP-OS-046 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/Lacation: 4275 S. Locust Grove Road /west of Locust Grove Road, approximately % of a mile north of Amity Road, within 3N1E30. b. Owners: A & B Rumple Family Trust 3777 Sugar Creek Drive Meridian, Idaho 83642 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 Thomas & Diane McCrorey Reflection Ridge Subdivision - AZ-OS-045, PP-05-048, CUP-OS-046 PAGE 2 CITY OF MERtD1AN PLANIy~i T?EppR'I MENT STAFF REPORT FQR THE 1~Tg pF FEBRUARY 21, 2006 850 E. Rumple Lane Meridian, Idaho 83642 Marlene Wiley 1515 Sherman Street Boise, Idaho 83702 c. Applicants: M & H Development, LLC 82 E. State Street, Ste. B Eagle, Idaho 83616 ADW, LLC 4794 W. Cree Way Boise, Idaho 83709 d. Representative: David Koga, The Land Group e. Present Zoning: RUT (Ada County} f. Present Comprehensive Flan Designation: Forty acres of the site are designated for Medium Density Residential use an the Comprehensive Plan Future Land Use Map, and 50 acres of the site are designated for Low Density Residential use on the Map. Amulti-use pathway is also shown adjacent to the Ridenbaugh Canal on the Map. g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 91.1 acres to R-4, Preliminary Flat approval of 255 buildable lots, and Conditional Use Permit approval for a planned development with reductions to the minimum lot size, minimum lot street frontage and maximum block length. The applicant is proposing a mix ofsingle-family, alley loaded lots (18 lots) and detached single-family lots (2371ots). One-hundred-fifty-two of the lots are 8,000 square-feet or greater in size, and 103 of the lots are below 8,000 square feet. The average lot size in the proposed development is 8,785 square feet. A gross density of 2.8 dwelling units per acre is proposed. Usable open space in excess of 17 percent of the site, a swimming pawl, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropatlis, a regional pathway slang the Ridenbaugh Canal, and a landscaped. entrance baulevazd corridor with street trees aze some of the amenities proposed by the applicant. l . Date of preliminary plat (attached in Exhibit Al): 09/12/05 2. Date of CUP site plan (attached in Exhibit A2): 01 /05/06 3. Date of landscape plan (attached in Exhibit A3): OS/15/OS h. Applicant's Statement/Justification (please see applicant's submittal material): The proposed low density, R-4 zoning is compatible and harmonious with the surrounding area and complies with the Comprehensive Plan. Medium density residential development exists and/or is planned to the north, the east across S. Locust Grove Road and a portion of the south-west property line. The City's Comprehensive Plan Future band Use designates the land to the west Reflection Ridge Subdivision - AZ-OS-045, PP-05-048, CUP-OS-046 PAGE 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HETE OF FEBRUARY 2 t, 2006 as Regional Mixed Use. This development will serve to tie those areas together and transition fxam different intensity uses through its use as a high quality traditional neighborhood with low density. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as detenxlined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a planned development as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Mend{an City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: October 3`d and October 17'x, 2005 (for Planning & Zoning Commission hearing) and January 30s` and February 13~`, 2006 (for City Council hearing). £ Radius notices mailed to properties within 300 feet on: September 23`x, 2005 (for Planning & Zoning Commission hearing) and January Z7~', 2006 (for City Council hearing). g. Applicant posted notice on site by: October l 0'~, 2005 (for Planning & Zoning Commission hearing) and February 11"`, 2006 (for City Council hearing). b. LAND USE a. Existing Land Use(s): Rural residential b. Description of Character of Surrounding Area: Rural residential, transitioning to urban residential with the repent approvals of Bellingham Park Subdivision, Sicily Subdivision, Roseleaf Subdivision, Chatsworth Subdivision, and the Tuscany Subdivisions. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County); Approved Sicily Subdivision, zoned R-8 2. East: Rural Residential, zoned RUT (Ada County); Approved Bellingham Park Subdivision, zoned R-8 3. South: Rural. Residential, East Slope Subdivision, zoned RUT (Ada County) 4. West: Gravel Pit and Indoor Storage Facility, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer; Sewer is located in ,Locust Grove approximately 1200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Reflection Ridge Sul~ivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HETE OF FEBRUARY 21, 2006 Location of water: Water is located in Locust Grove approximately 7.200 feet to the north of this project. However, already approved projects will be bringing it nearer to the site. Issues or concerns: The topographic nature of this site leads to a couple of concerns jor the Public Works Department. The first being that it leads to the necessity of a new pressure zone for the City of Meridian. Secondly, that lot drainage becomes a concern. 2. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Trrigatian: The Ridenbaugh Canal traverses along the north boundary of the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant is proposing to cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards: The Ridenbaugh Canal runs along the north side of this site. The Ridenbaugh Canal is deep and wide and could be hazardous to children. 6. Proposed Zoning: R-4 7. Size of Property: 91 acres 8. Description of Use: Single-Family f. Subdivision Plat Information: 1. Residential Lots: 255 2. Nom-residential Lots: 0 3. Total Building Lots: 255 4. Common Lots: 27 5. Uther Lots: 2 (private street lots) 6. Total Lots: 284 7. Residential Area: 91 acres 8. Gross Density: 2.8 units per acre g. Landscaping: 1. Width of street buffer(s): Per MCC 12-13-10-4 a 20-foot wide street buffer is required along Locust Grove Road, a collector roadway. The landscape plan, site plan amd preliminary plat all depict a 25-foot wide stcuet buffer adjacent to Locust Grove Road. No other street buffers are required by ordinance. 2. Width of buffer(s) between land uses: No land use buffers apply to the proposed development. 3. Percentage of site as open space: Exclusive of the landscape buffer, the applicant is proposing to set aside 16 acres (17%) of the site for common open space. 4, ether landscaping standards: The landscape buffer along Locust Grove Road Reflection Ridge Subdivision - AZ-OS-045, PP-OS-04$, CL1P-OS-(146 PAGE S CITY OF A~ERIDiAN P)_,AN~ DEPARTMENT STAFF REPORT FOR THE HEA~TE OF FEBkUARX 21, 2006 should be constructed in accordance with MCC 12-13-10. Common open space Iots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13- 16-5). h. Conditional Use Ynfarmation: 1. Non-residential squaze footage: None 2. Proposed building height: The R-4 zone allows a 35-foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 17.7 % (16.1 acres) 5. Percentage of site devoted to paving: Approximately 23 acres of the site will be improved as public roadways and private alleyways (private streets). 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: 25S i. Amenities: Usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restroom~s, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street trees are some of the amenities proposed by the applicant. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area 10 (far alley-loaded lots) 15 15 otherwise 15 Side Accessed Gazage {to street) 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 47 80 Lot Size 6,250 8,000 k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one public street access to Locust Grove Road. The applicant is proposing two stub streets to the large parcel to the northwest (Cavan), one stub street to the 25 acre pazcel to the southwest, one stub to the 121 acre parcel to the south, one stub street to the 23 acre parcel to the northeast (across the Ridenbaugh), and as staffrequested, one stub street to the 5 acre parcel to the southeast. The City did mot requite a stub street to the subject site from Sicily Subdivision to the north, and the applicant is requesting to exceed the maximum block length because there is no outlet for the northena most street (Luminous Way}. Except for at the entrance, which contains a planter, all internal streets are proposed 36-feet wide (measured back of curb to back of curb) and have detached 5-foot wide sidewalks. All streets will be public and will be constructed, Reflection Ttidge Subdivision ~- AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 6 CITY OF 1~1ER1DIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEA~TE QF FEBRUARY 2I, 2006 along with curb, gutter and sidewalks, to the Ada County Highway District's standards. Staff supports the proposed stub streets. Staff is supportive of the proposed street system. The applicant will also be constructing two 24-foot wide alleys in Block 4. Flomes adjacent to these alleys will take access to the garage via the alley. Some of the alley-loaded lots do not have frontage on a public street. Therefore, the alleys will need street signs and addresses for those homes without street frontage will be provided from the alley. For this reason, staff recommends that the proposed alleys be constructed as private streets (except for the sidewalks) as set forth in the UDC 11-3F-4 and have turning radii at the public street of 28- feet (inside) and 48-feet (outside.) There is an existing private lane, Rumple Lane, that runs from Meridian Road to the northwest corner of the site. Rumple Lane intersects Meridian Rvad at the %i mile. The applicant is proposing a public stub street, Reflection Ridge Place, in the generally vicinity of Rumple Lane. It is anticipated that Reflection Ridge Place will be extended to the west to connect with Meridian Road when the property to the northwest (Cavan) re-develops. To ensure that Rumple Lane does not exist in perpetuity, but is instead developed as part of a public road, the applicant should be required to vacate any interest in Rumple Lane. See Analysis below. The ACRD is reauu-ing~ trafc caLm~g devices at the intersection of Reflection Rid a Drive end West Wnghtwood Drive as well as at Reflection Ridge Drive and Northern Lights Avenue. The ACRD is also restricting driveway locations near the roundabouts Bulb-outs for traffic calnung are also being required at the L~ n~ni ous W y and Reflection Rid a Drive ~ntersechon, at the Luminous Wav and Shimmering Street intersections and at the Twilight R~.dge and Memorv Ridge Wav intersection Left and right hand t-un lanes are being r~uired along Locust Grove Road. Widening of Locust Grove Road abutting the site• and constnicti z- of sidewalk along Locust Grove Road are also conditions of ACRD For a detailed report on the public streets and access points to public streets, please seethe ACRD report, the Analysis section of this report, and Exhibit B. 7. COMN[ENTS MElETING On September 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Fazks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Approximately 40 of the 91 acres are designated "Medium Density Residential" on the Comprehensive Flan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre. The remain` ing 50 acres adjacent to Locust Grove Road aze designated "Low Density Residential" on the Comprehensive Flan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre. The applicant has submitted individual calculations for the low density and medium density azeas. The 50.5 acres designated for low density residential contains 143 dwelling units for a gross density of 2.8 dwelling units/acre. The 40 acres designated for medium density residential contains 112 dwelling units for a gross density of 2.8 dwelling units/acre. Staff finds that the overall density is within the range for a low to medium density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Reflection Ridge Subdivision - AL-OS-045, PP-OS-048, CLIP-OS-046 PAGE 7 CITY OF MEttlb]AN P DEPARTMENT STAFF REPORT FOR THE HETE OF FBBRUARX 2 t, 2006 • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer oral water service will be ~ extended to the project at the developer's expense. • ?'he subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MI'D). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service wild not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal N, Objective C, Action 1) The applicant is proposing a residential development. Staff finds that the existing residential properties to the north, south and east are compatible with the proposed development. The Parks Department has looked at redevelopment of the 25-acre mining pit to the west and south for a City Park. The main concerns of the Parks Department with this area being used for a park are the lack of access to the area because there are steep slopes, and the Zack of visibility into the site. The Parks Department believes they can work around these constraints oral use a large portion of the 2S-acre area for a park in this section. The property that currently has storage facilities (northeast corner of Amity Road and Meridian Road) is designated for Mrxed Use -Regional on the Future Land Use Map. Sta, fj° anticipates the existing mining pit and the storage areas to the west and south will redevelop in the near ,future. • Support a variety of residential categories (low-, m~ium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal N, Objective C, Action 10) The subject applications include a request for the R-4 zone and propose only single family detached units. The applicant is ojjrering a mix of lot sizes and house styles. Some alley- Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-QS-046 PAGE 8 CITY OF MERIDIAN P1.AN~ pEPARTMENT STAFF REPORT FQR THE HEA-RI~TE OF FEBRUARY 21, 2006 loaded units as well as front-loaded garage units are proposed. Although the requested zone does not p1•ovide much variety, the proposed Craftsman and Classic hause styles do contribute to the variety of house styles in the area. Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for atl economic levels in a variety of areas. (Chapter VII Goal V Objective A) See bullet above. Staff jinds that the housing types propased are appropriate for a residential development in this location. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to provide stub streets to the unplatted parcels to the northwest (2), south (2), southeast (1) and northeast (1). Staff is supportive of the proposed stub streets. See Ezhibit B below. Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • 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 urterface between urban level densities and Waal residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant is providing a landscape buffer adjacent to the existing 1 and S acre parcels to the south. The applicant has proposed a development in which the single family lots in the development are adjacent to other single family lots. Staff recognizes that there are some existing low density residential land uses to the south and supports the proposed landscaping and lots adjacent to the existing residences. + Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter N Goal II, Objective A) Add urban services can be made available to this site. • Require new residential development to provide permanent perimeter fencing to contaixa. construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. (Chapter VII, Goal I, Objective D, Action 9) The applicant is not proposing to fence the entire perimeter of the site. If permanent fencing is nat constructed prior to issuance of building permits, temporary construction fencing should be installed. See Analysis below for comments regarding the proposed fencing types. • Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal N, Objective D, Action 2) Except for Wrightwood Drive, access to Locust Grove Road should be prohibited. Sta, j,~finds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048, CLIP-OS-046 PAGE 9 CITY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE HEAR~TE OP FEBRUARY 21, 2006 a. Zoning Schedule of Use Cantral: Meridian City Code 11-2-1 lists single-family dwellings as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predomi~aantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a,r,aXimu~ of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-4 zone. The applicant is also requesting a modification to exceed the maximum block length of 1,000 feet. Other than these requested dimensional standard modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Based an the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed develapraent with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stanrlped on August 15, 2005 by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 maybe used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations: Development Agreement: MCC 11-16-4 provides the Planning & Zoning Commission and City Coumcil 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. Staff believes that a Development Agreement is necessary to ensure t_ a t is property is developed in a fashion that ReElecrion Ridge Subdivision - AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 10 CITY pF MERIDIAN P1,ANIv~ DEPARTMENT STAFF REPORT FpR THE TE OF FEBRUARY 21, 2006 Is consistent with the com rehensive land i tion and does not zte ativel impact nearby~raperties Staff believes that the ]7evelopment Agreement should include the following; provisions: Phasin Pla :The applicant anticipates constructing the subdivision in four phases. The phasing plan begins along Locust Grove Road and then north,. south and finally west. Construction is anticipated to reflect market demand and construction needs. Staff believes that same of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior to the City Council's approval of the 200s` residential lot, the park area on Lot 1, Block 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restrooms, the pazking lot, and the tot lot. Rum le Lai : In order to facilitate a future public street extension to this property from Meridian Road, staff recommends that the applicant quit using Rumple Lane as access to the public roadway system (Rumple may be used as an emergency access if approved by the Fire Department.) Any interest that the subject properties have in Rumple Lane should be surrendered upon annexation. Acre s to Arter'11s: Except for one public street access to Locust Grove Road, all other vehicular access to Locust Grove Road should be prohibited for this site Mu1,ti_use Pathway: On the Comprehensive Plan Future Land UseMap, amulti- usepathway is depicted on this property. The applicant is proposing to construct the multi-use pathway on the south side of the Ridenbaugh Canal to the northwest property line. Staff is generally supportive of the location of the pathway. However, a portion of the pathway lies outside of the boundary of the azea being annexed and subdivided. Therefore, in case the applicant is unable to come to an agreement with the owner where the pathway is proposed, staff recommends that a development agreement provision be that the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest property line. 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 i Attorney. Bill 1Varv at 8$8-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. * That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. ~ That the applicant will be responsible for all casts 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 Reflection Ridge Subdivisipn - A~OS-045, PP-OS-048, CLIP-05-046 PAGE I I CITY OF MERIDIAN PLAN ~ bEPARTMPNT STAFF REPORT FOR THE HEARII~TE OF FEBRUARY 21, 2006 Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That prior to issuance of any building permit, the subject properly be subdivided in accordance with the City of Meridian Unified Development Code. • That any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations. • That prior to the City Council's approval of the 200` residential lot, the park area on Lot 1, Black 11, shall be constructed. Construction of the park shall include the proposed swimming pool and restroorns, the parking lot, and the tot lot. • That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may ,have in Rumple Lane. • That one public street access will be allowed to Locust Grove Road; direct lot access to Locust Grove Road shall be prohibited. • That the applicant agrees to construct amulti-use pathway through this site from Locust Grove Road to the northwest corner of the property. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: ched S' ewalks: The applicant is proposing to construct 5-foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with an 8-foot wide landscape strip, In accordance with the recently passed ACHD planter width standards, the width of the planter strip should be constructed as proposed and include Class II trees. See Exhibit B below. Di es Lat s and Canals: The Ridenbaugh Canal runs along the site's northern boundary. The Farr Lateral runs along the site's south boundary. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped. (it would take a large diameter pipe.) Per MCC 12-4.13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. See Exhibit B below. Pressure Zrri tag ion_ The Ciiy of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the pri~'Y 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 azeas prior to signature on the final plat by the City Engineer. An underground, Pressurized irrigation system should be installed. to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Reflection Ridge Subdivision - AZ-OS-045, PP-OS-04$, CUP-OS-046 PAGE l2 CITY OF MERJb1AN P DEPARTMENT STAFF REPgR.T FOR THE HE AR~1TE OF FEBRUA1tY 21, 2006 Fen-- Glll~; The applicant is proposing to construct three types of fencing witlvn the development: S-fact tall tan vinyl fence, 4-foot tall tan vinyl fence, and a 4-foot tall black wrought iron fence. The applicant is not proposing to construct permanent fencing around the entire perimeter of the site. Perimeter fencing is proposed around the perimeter, except for adjacent to Parcel No. 51130212407 (northwest.) Aue to safety concerns, staff recommends that fencing adjacent to: Lots 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lat 1, Block 18; Lot 13, flock 8; and all fencing adjacent to micropaths be restricted to either a 4-foot tall solid fence or a 6-foot tall open-vision fence. Further, an open-vision fence (or a 4foot tall closed fence) should be required along the north side of the buildable lots that aze adjacent to the multi-use pathway near the Ridenlaaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). Yf permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed azound the perimeter. All fencing should be installed in accordance with City Code. See Exhibit B below. Existing ResidencesB ildinss• The site currently contains multiple buildings. Because the existing structures span across proposed let lines, all buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. See Exhibit B below. Multi-use Pathway The applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 10-feet wide along the entire length of the property. Staff is supportive of the proposal to construct the multi use pathway as depicted. However, staff has concems with fencing and landscaping adjacent to the pathway. City Code 12-13-12-9 requires a S-foot wide landscape buffer along the pathway. The submitted landscape plan depicts a fence directly adjacent to the south side of the pathway; no landscaping is proposed. Staff recommends that the applicant be required. to construct a S-foot wide landscape buffer along the south side of the multi-use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) See Fencing shave and Exhibit B below. 1V~icronaths: The applicant is proposing to construct several mieropaths with this plat. Staff is generally supportive of the pedestrian connections between the different subdivision blocks. All micropaths shall be constructed at least S feet wide, with S feet of landscaping on each side of the path (MCC 12-13-15-3). See Exhibit B below. Co . on Area :Maintenance of all common areas shall be the responsibility of the Reflection Ridge Home Owners' Association. CUP Application: The submitted CUP substantially complies with the Zoning Orduiance. Staff is generally supportive of the proposed CUPIPD application, as it generally conforms to Titles 11 and 12, Meridian City Code. Special Considerations: R_~quested Modifications• The applicant is requesting reductions to the standard Reflection Ridge Subdivision- AZ-OS-045, PP-OS-048, CUP-OS-046 PAGE 13 CITY OF MERIDIAN PI-ANT DEPARTMENT STAFF REPORT FOR THE HETE OF FEBRUARY 21, 2006 lot size, front building setback and street frontage requirements of the R-4 zone. The applicant is also requesting to exceed the maximum block length of 1,000 feet iu 2 blocks (Block 8, axed Block 18}. Due to existing topography to the south, staff is supportive of the proposed block length in Block 18. Due to the lack of a stub street being provided to this site from the north in Sicily Subdivision, staff is supportive of the proposed block length modification in Block 8. See Exhibit B. One-hundred-three of the proposed 2551ots (40%) are below the 8,000 square- foot minimum lot size of the R-4 zone. Qne-hundred-fifty two (60%) of the proposed lots aze at or exceed the minimum lot size of the R-4 zone. Nineteen of the alley-loaded lots in Block 4 are requested to have a 10-foot front setback to the liveable area (15 feet required by ordinance). Ninety-six of the 255 proposed buildable lots (38%) do not meet the minimum street frontage requirement of the R-4 zone (80-feet)..S~ff is sut~nortive of the reauested modificati xls as thev allow for diversity in lot and block Gl .P- See Exhibit B below. ~P Amenities: The applicant proposes usable open space in excess of 17 percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard cairidor with street trees, and other amenities. Staff is supportive of the proposed axne>taities. See Exhibit B below. Elevations: The applicant has subrrtitted sample pictures of how the alley-loaded and classic houses will look. Staff is supportive of the buildings. Each house shall be constructed in substa~ial compliance with the pictures submitted with the CUP application. See Exhibit B below. b. Staff Recommendation: Staffrecommends approval of the subject agplicationR A7 OS 045. PP-OS-048 and CUP-OS-046, with the conditions listed in Exhibit B of the Staff Report for the hearlna date of Januarti 5 2006 At the vublic hearine the atrolicant should be prepared to give an update an and a tg o the >,athwav's locatton that may be reaulred by NMID 11. E~~HIH~ITS A. Drawings 1. Preliminary Plat (dated: 09/12/05, received by the City Clerk's Office an December 16, 2005) 2. CUP Site Plan (dated: 01/05/06) 3. Landscape Plan (dated: 08/15/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department Reflectipn Ridge Subdivision - AZ-05-04$, PP-OS-048, CUP-05-046 PAGE 14 CITY OF MERIDTAN PI.,AN~ bEPARTMENT STAFF REPORT POR THE HE~q,'I'E OF FEBRUARY 2I, 2006 5. parks Department 6. Sanitary Service Company 7. Ada County Highway District $• Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Reflection Ridge Subdivision - AZ-05-045, PP-OS-048, CUP-OS-046 PAGE 1 S CTCY OF MERIDIAN PLAN~(1 DEPARTMENT STAFF REI'QRT FOR THE HE~ATE pF FEBRUARY 21, 2006 A, Drawings ~° Q ~ ,°~ ~ ®p~ 1. preliminary plat (dated; 9.12-U5, date Stamped by the City Clerk on December 16, ZUU5} !~ ~f~ f Exhibit A Page 1 CITY OF MERIDIAN PLAT(, DEP,~~q~•f STAFF REPORT FOR THE HEAR~gTE OF NEBRUARY 21, 2006 P00~ 60PG" ~~ Exhibit A Page 2 ~- DUI2i NQI.l,a~1~~1 ~ ~ ~I'~ ~~ L~:: ~i Cffl' OF MERIDIAN PLAN~G DEPARTMENT' STAFF REPORT FOR THE HEARI~AT6 OF FEBRUARY 21, 2006 ;r _ ~~ d~K?13T/gl® ~ d r~s ~i~ n~oua~3~ ~ f ~~~~~ -~.. ~~ ~J -• .. 1 T ~ ~r~ F~ ~~~ ~~ Exhibit A Page 3 CITY OF MERI171AN PLAN DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2p06 p00~ ~Ol?17 ~~' ~~ti~ ~ ~ ~! n-o~swasns ~va~a ruoua~~.a~a ~ ~ ~ ~ '; . ~ 3~ ~~ ~~~~~ ~, t 8 a 7 Exhibit A Page 4 CITY OF MERIDL4N PLA7~ DEPARTMENT STAFF REPORT FOR THE tiE~ATE OF FEBRUARY 2l, 2006 Z. CUP Site Plan (dated: 1-5-06) ~~0~ ~ °" ~~ ~~: ~' OFitl01 tdV1(p63W t~9~ ~~ Ncs~s~niaens ...~ '~~ ~,,f .. ~ ~ Exhibit A Page 5 CITY OF MERII7IAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 3. Landscape Plan (dated: 8-15-05) ~+~~I~d ~tastntaans ~l~I~ ~pi~~-~ ..,.. ~~,;~ dl~1 ~~~ `'~I. ~r~ ~~ ~' ~ ~ ~;i ~~ +~~ ~~ ~~ ~~ °~~I ~ ~~ ~~~i ~Of ~~ ~1~~ ~-floo i ~ ~ ~ ~ ~ ~~aQQ~ Exhibit A Page 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEA~TE OF FEBRUARY 21, 200b U CJ ~ GG V V l1 CI Exhibit A Page 7 CITY dF MERIDIAN PLA1~ DEPARTMENT STAFF REPORT FOR THE HE~ TE OF FEBRUARY 21, 2006 iI°U0~ 60i7°~ ,~ _~ ~,~ t NOISIAIQBtiS ~9?OI?! N0110~~~ ~ i ~ ~ ~ it :91' ~~ ~ ~ I i ,~ 1 I ,r ~ l ~ i ~ i~ f J i Exhibit A Page 8 1 ~ ~ `rrc i I ~' S I I I 1 I CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HETE OF FEBRUARY 21, 2p06 p001~' C~OG~ Exhibit A Page 9 CITY OF MERIDIAN PLA ~ DEPART'MENT STAFF REPORT FOR THE HEAR!)~ATE OF FEBRUARY 21, 2l}06 d~ ~ ~~E ~ k,.' E i i 1 1 I I 1 I I I I I 1 1 I I I 1 t I Exhibit A Page 10 ww ~~~~.~ l~~~ 1 ~~~ hto~suua~ns ~~QeM rto~~~ ~ CITY OF MERIDIAN PLAN pEPARTMENT STAFF REPORT FOR THE IiTE OF FEBRUARY 21, 2006 u~~~ ~ ~ `~"~~ ~~~~~~ Exhibit A Page I 1 CTfY OF MERIbIAN PLANK DEPARTMENT S'C'AFF REPORT FOR THE HETE OP FEBRUARY 21, 2006 .~ Exhibit A Doge 12 CITY OF MERIDIAN PLAN ~ DEPARTMENT STAFF REPORT FOR THE HTE OF FEBRUARY 21, 2006 '~ 4ir,~! o ,~ i', Y .tee wga~t'~w -eld ~utWe~+d ~~ I ~ ~ ~ e ~ ins ~~aia nrol~,a ~ 0 }~; J -I~ ~~ . ~ I _~.~___w__.._.~ I i I r i 0 I j ~~~ ,% Exhibit A Page 13 CfIY OF MERIDIAN PI.AN~ DEPARTMENT STAFF REPORT 1±pR THE HEATE OF FEBRUARY 21, 2006 B. Conditions of Approval Planning Department 1 SITE SPECIFCC.REQUIREMENTS--.pRELIMINARy PLAT (PP-OS-048) 1.1.1 The preliminary plat labeled as PP-1, PF-2, PP-3, and PP-4, prepared by The Land Group, Inc., dated September 12, 2005, and date stem ed b the i Clerk on December 16 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-OS-045) and Conditional Use Permit (CUP-OS-046) application shall also be considered conditions of the Preliminary Plat (PP-05-048). 1.1.2 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with detached sidewalks shall be a minimum of 8-feet wide and include Class II trees. 1.1.3 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, 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 Gity and 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. 1.1.4 Underground -rvun pressurized irrigation must be provided to all lots within. this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.5 Construct perimeter fencing around the perimeter of the site, as proposed on the submitted landscape plan (fencing adjacent to Parcel No. 51130212407 (northwest) is not required..) Any fencing adjacent to common Lot 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13, Block 8; and all fencing adjacent to micrapaths shall be restricted to either a maximum 4- foot tall solid fence or a maximum 6-foot tall open vision fence. Further, an open-vision fence (or a maximum 4-foot tall closed fence) shall be required along the north side of the buildable lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-1O.F.3). If permanent fencing is not provided around the entire perimeter prior to issuance of a building permit, temporary construction fencing to contain debris must be installed. AlI fencing should be installed in accordance with City Cade. 1.1.6 Prior to signature of the final plat by the City Engineer, all buildings that span across proposed lot lines and/or do not meet the setback requirements of the zone and/or are not principally permitted buildings shall be removed. 1.1.7 Construct a 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Imigation District (NMID) if the pathway is located within NMID's easement. The easement for the Ridenbaugh Canal and pathway shall not be included within the area of any adjacent buildable lot. The applicant shall Exhibit B Page 1 CITY OF MERIDIAN PLANDEPARTMEN1' STAFF REPORT FOR THE HEARtI!~ATE OF FEBRUARY 2 ] , 2006 conform to the Parks Department's standards for construction of the pathway. In accordance with MCC 12-13-12-9, a 5-foot wide landscape buffer shall be constructed on the south side of the pathway. Construct fencing, in accordance with Condition 1.1.5 above, on the south side of the multi-use pathway. All landscaping adjacent to the pathway must be maintained by the Home Owners' Association. 1.1.8 All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3.) 1.1.9 The proposed alleys in Block 4 shall be private streets to be constructed to ACHD's public street standards, contain a minimum driving surface of at least 24 feet, have 28-foot (inside) and 48-foot (outside) turning radii where the alleys intersect the public streets, and be located in common lots. Addressing for the lots adjacent to the private streets with no public street frontage shall be from the private street. Street signs shall be installed by the applicant on the private streets with street name approval by the Street Naming Committee. 1.1.10 Maintenance of all common areas, including the private streets (alleys), shall be the responsibility of the Reflection .Ridge Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to Locust Grove Road is prohibited. 1.1.12 The submitted eight page landscape plan prepared by The Land Group, Inc., dated 8-15-OS is approved as submitted, with the following modifications: • Construct a 2S-foot wide landscape buffer along Locust Grove Road, as proposed. In accordance with MCC 12-13-10, install at least one tree within said buffer for every 3S feet of frontage on the Locust Grove Raadrlght-o£--way. • The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • All micropaths within the proposed subdivision shall be designed in accordance with MCC 12- 13-15 "Micropath landscaping" and MCC 12--4-3 "Pedestrian Walkways." • Construct a 5-foot wide landscape buffer on the south side of the multi-use pathway. Materials in said buffer shall be consistent with MCC 12-13-12-9. • 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 MCC 12- 13-14 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 MCC 12-13-14. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. ~ Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets with detached sidewalks. Where the applicant has submitted a preliminary landscape plan and where Council has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Council. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application. Exhibit $ Page 2 CITY OF MERIDIAN PL~ pEpq J~~ENT STAFF REPORT FpR THE HEARIl~ TE OF FEBRUARY 21, 2p06 1.2 GENERAL, I~EQ1~gEMENTS-PRELIMIIVARY PLAT (PP-OS-048) 1.2.1 Sidewalks shall be installed. within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-108. 1.2.2 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Council's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility far compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth inn MGC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS--CONDITIONAL USE PERMIT (CUP-OS-046) 1.3.1 The site plan prepared by The Land Group, Inc., dated January S, 2006, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the ,Annnexation and Zoning (AZ-0S-045) and Preliminary Plat (PP-OS-048} as a condition of the Conditional Use Permit (CUP-OS-046). 1.3.2 The project shall conform to the R-4 dimensional standards, except as follows: Lot Size - 6,250 sq. ft.(minimum) Lot Frontage - 47 feet (min%mum)(on. straight-away) 3S feet (minimum)(chordJength on a cul-de-sac or curve) Residential Building Setbacks -- The following lots may have a 10-foot front setback: Lots 2-S, 7-11, 13-17, and 19-22, Block 4. 1.3.3 Blocks 8 and 18 may exceed the maximum block length of 1,000 feet. 1.3.4 As amenities for the subject planned development, construct; a ZO-foot wide asphalt pathway from Locust C,rtove Road to the west property line; set aside usable open space in excess of 17 g pool, a clubhouse with cha percent of the site, a swimmin aging roams and restrooms, a half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, and a landscaped entrance boulevard corridor with street trees. I.3.S Construction within Reflection Ridge Subdivision shall substantially comply with, the pictures/elevations submitted by the applicant. Construction materials used on. the structures shall be approved by the City of Meridian Building Department and in accordance with the rrlost recent Building Code. 2 Meridian Public Works Aepartment 2.1 Site Specific Conditions and Comments 2.1.1 Any existing domestic well 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- Exhibit ~ Page 3 G1TY OF ME(tlDlpT(pJ ql~ DEPARTMENT STAFF ILEPpRT FQR THE HEARIl~A,rE OF FEBRUARY 21, 2005 domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.1.2 Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains are approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, coordinate mains size and routing with the Public Works Department. City of Meridian standazd forms of easements are required for any mains that are required to provide service. 2.1.3 The applicant shall be responsible to install a temporary off- eak designated by the Public Works Department. The station desi~mg station in a location coordinated with the Public Works Department, the design shall inc ude pommmunication capabilities that aze consistent with the City of Meridian's SCADA systerxi. )!f new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.1.4 Water service to this site is being proposed via extensions of mains located in Locust Grove Road. At this time these mains aze approximately 1,200 feet from the subject property, however nearby developments should have them adjacent to this site in the near future. The applicant shall be responsible to install mains to and through this property, covrdinate mains size and routing with the Public Works Department. City of Meridian standard forms of easements are required for any mains that are required to provide service. 2.1.5 Due to elevation changes on this site, a new pressure zone is being planned for this area. The new zone would split this property at a 4S degree angle approximately 600 feet southwest of the Ridenbaugh Canal. The nartheastem portion of this development is serviceable by the existing Pressure zone; however the remainder of the property cannot be served by municipal water until two sources far the new zone are established. The first source would be from a well lot which the developer would donate to the City of Meridian, the second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with Len Grady at the Public Works Department regarding this condition and he may waive the requirement for one of the two SOl2l'CeS. 2.1.6 The applicant shall be responsible for the installation of any Pressure Reducing Vault's that aze necessary to create the new pressure boundary. Each pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location and number with Len Grady at the Public Works Department. 2.1.7 Please submit updated groundwater data for review by the Public Works Department. 2.1.8 The proposed landscape bulb in W. Wrightwood Drive near the intersection at Locust Grove Road needs to be labeled with a lot and block number, with maintenance and ownership called out in the plat notes. 2.1.9 Revise note 3 to read, "Each side of common side lot lines ....." 2.1.10 Revise note 4 to dedicate a 10-foot public utilities, drainage and irrigation easement along rear lot Lines. Exhibit B Page 4 CITY OF MERIDIAN PLAT DEPARTMENT STAFF REEPORT FOR THE HEARII~ATE OF FEBRUARY 21, 2006 2.1.11 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans and be reviewed anal approved at that time. The Master Grading and Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following; a. Finish grade elevation at each lot comer. b. Drainage flow patterns on all lots. c. Yf structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.1.12 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has indicated that Nampa and Meridian Irrigation District is going to own and operate the pressurized irrigation system in this development. Evidence of a license agreement shall be provided prior to scheduling of apre-construction meeting, with a signed license agreement prior to signature on the final plat. 2.1.13 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 municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.1.14 No lazge landscaping shall be allowed within 5 feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.1.15 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.16 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. 2.1.17 All development improvements, includung but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.18 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. 2.1.19 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. 2.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.1.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Exhibit B Page 5 CITY OF MERIplAN P D$pARTMENT STAFF REPORT FOR THE H TE OF FEBRUARY 21, 2006 2.1.22 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.23 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. 2.1.24 The engineer shall be required to certify that the street centerline elevations are set a miniuxum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 3. Meridian 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' apart. Intemational 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 far bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/"outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed, on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the r~uirements of the IFC Section 509.5. 3.4 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 To increase emergency access to the site a minim of tw poin s of access w' be required for an 'ono the 'ect hick serves ore 50 home The two entrances should be separated by no less than 1/a the diagonal measurement of the full development. 3.9 Building setbacks shall be per the International Building Cade far one and two story construction. 3.10 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. Exhibit B Page 6 CTl'Y OF MERll7IAN pL DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF FEBRUARY 21, 2006 3.11 The proposed 255-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 740 residents at build out. 3.I2 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. 3.13 The homes with only frontage on the private streets (alleys) shall be addressed from the adjacent private street (alley). 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured. around the perimeter of the building. 3.15 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 buildin with an approved. automatic rinkler ~ ~~1~~ throughout 903.3.1.2 the distance r ~ ~~~ ~~~ m accordance ~~ Section 903.3.1.1 or equirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall >~e G00 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.16 This project will be required to provide a 20' wide swing or rolling emergency access gate at the western emergency access point. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.17 Private Streets (alleys) that seise mews shall be constructed at least 24-feet wide. 3.18 Pool chemicals shall be stored in compliance with the International Fire Code. 4. Meridian Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public area between Lots 24 and 25, Block 6. Prior to the next public hearing, the applicant shall submit a revised plat/plan that increases visibility by incorporating Lot 25 into Lot 15. 4.2 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Reflection Ridge Drive, Luminous Way, and Radiant Ridge Drive. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Meridian Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ch'dinance (MCC 12-13-13-6} will be followed. Exhibit B Page 7 CITY OF MERIDIAN PLAN DEPAitTMENT STAFF REPORT FOR THE HBARI~ATE OF FEBRUARY 21, 2006 5.2 Standard Plan far Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 5.3 The Parks Department is supportive of a future City Park just south of the subject site. However, there appears to be an access issue with the future location. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada. County I-lighway District Sate Speck Corsdataans afApprovad 7.1 Construct the main entrance to the subdivision (West Wrightwood Drive) to directly align (centerline to centerline) with the roadway to Bellingham Subdivision. 7.2 Construct the internal streets as 36-foot street sections with vertical curb, gutter and a 5-foot concrete sidewalk that is detached from the curb with an 8-foot wide landscape planter within 62- feet ofright-of--way, as proposed. 7.3 Construct two 24-foot wide private alleys that connect West Wrightwood Drive and Luminous Way Construct two 16 to 20-foot wide public alleys that connect West Wrightwood Drive and Luminous Way. An access to an alley shall be located a minimum of 2S-feet from the nearest public street. 7.4 Construct a stub street (Northern Lights Avenue) to the south ro feet east of the west property line, as proposed. Construct a t p per' line approximately 1,380- afthe roadway. Pipe the Farr Lateral in order to stub to the so~or~ turnaround at the terminus the terminus of the roadway that states, "This road will be extended the fuhue~t~ a sign at 7.5 Construct a stub street to the south property line approximately 1,750-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future," 7.6 Construct a stub street to the west property line approximately 645-feet south of the north property lime, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.7 Construct a stub street to the north property line approximately 1,100-feet west of the east PTOP~y line, as proposed. Provide the District with the cost of half of the bridge necessary to cross the Ridenbaugh Canal. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.8 Canstruct a stub street to the north property line approximately 92-feet east of the west property line. Construct a temporary turnaround at the terminus of the roadway. **~ The applicant may need to shift this roadway slightly to successfully locate the roadway in a location that will extend Rumple Lane into the site via Caven's property. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." Exhibit B Pagc 8 Crl'Y OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARII~ ATE OF 1:EBRUARY 2 i, 2006 7.9 Construct a stub street to the south property line approximately 510-feet west of Locust Grave Road to serve the 4.88-acre site located directly to the south of this site, as proposed. Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 7.10 Construct a roundabout at the intersection of Reflection Ridge Drive and West Wrightwood Drive as well as Reflection Ridge Drive and Northern Lights Avenue, as proposed, Design the roundabout with 21-foot street sections on either side of the center island with sputter islands. Dedicate sufficientright-off way on either side of an island. Place a note an the final plat requiring Lot 1 Block 4 to access the adjacent alley, Lat 1 Block 12 to access Reflection Ridge Drive, Lot 10 Block 17 to access Northern Lights Avenue, Lots 15 Black 19 to access Reflection Ridge Drive and Lot 2 Block 21 to access Reflection Ridge Drive. Coordinate the size and design of the roundabout with traffic services Council. 7.11 Construct four cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 7.12 Construct two knuckles without center islands within, the subdivision, as proposed. 7.13 Construct a center island within West Wrightwood Drive. Construct the island to be a minimum of 4-feet wide with a minimum area. of 100-square feet while maintaining a minimum of a 21-foot street section on either side of the island. 7.14 Construct bulb-outs at: • The Luminous Way and Reflection Ridge Drive intersection • The Luminous Way and Shimmering Street intersection • The Twilight Ridge Drive and Memory Ridge Way intersection, as proposed. Reconfigure the bulb-outs that are proposed at the intersections of Solemn Lights Drive and Shinunering Street and Reflection Ridge Drive and Memory .Ridge Way to allow for driveways to be constructed to all of the surrounding residential lots. 7.15 Construct a left hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. 7.16 Construct a right hand turn lane on Locust Grove Road at the intersection of West Wrightwood Drive. ?.17 Other than the public roadway that has been approved with this application (West Wrightwood Drive), direct lot access to Locust Grove Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.18 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. Exhibit B Page 9 CITY OF MERIDIAN FLAN DEFAitT1ti1ENT STAFF REPORT FOR THE HEARII• ATE OF FEBRUARY 22, 2006 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 .Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Constriction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 All design and construction shall be in accordance with the Ada. County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for Council approval, prior to issuance of building permit (ar other required permits), which incorporates any required design changes. 7.2.9 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. 7.2.10 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. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIlVE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with aU rules, regulations, ordinances, glans, 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. $. Nampa & Meridian Irnigation District 8.1 Nampa Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. Exhibit B Page t 0 CTfY OF MERIDIAN pLAN DEPARTMENT STAFF RF.PC)RT I:OR THE HEARII'!A TE QF FEBRUARY 21, 2Qp6 8.2 All laterals and waste ways must be protected. The District's Itidenbaugh Canal courses along the North boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 8.3 A11 municipal surface drainage must be retained on site, ff any municipal surface drainage leaves the site, the Nampa Meridian Irrigation District must review drainage plans. 8.4 The developer must comply with Idaho Code 31-3805. 8.5 It is recommended that irrigation water be made available to all developments within tlae Nampa Meridian Irrigation District. 9. Central District Health Department 9.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 9.2 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. 9.3 Run-off is not to create a mosquito breeding problem. 9.4 It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Exhibit I3 Page ] 1 C1TY OF M 8RIb1AN pLAN1~f~i DEPARTMENT STAFF REPORT FOIL THE HEARI~ TE OF F)rBRUARY 2 I, 2006 C. L" ,egal Description FOlit' L.,arnd Surreys, /~c, 4s~ wa. tare sae a sots. t~ a esr~ a see~s~.aasr a mos~.~4n ~, ~ Aosr~l ~~"r+ot Tom; ~ ~ pma Cotn~mr. tlauw seduon 30, Tat ~ I~or!!t. Rett~ 1 ~. Botee Meridian, Ada Camty, ~Y dea~bed ~ tbiiows; ~rt8 at the Csrrter Y. Comer of maid SeCBOn 30, the TRUE P~i±J'f' pp (~; .11~ ~ °f Sactiort fate, tibrth C10'°id8'02• yy~ a di> of ~ c~urv~e to the rim on the eaertteriine rrF itte tltertoe eider maid renterlina ttta fd~rtratg oQU~ ~ici d~r~: ~. a ae~>Iit'ed of 34°47'x, 8. of 182.80 feet. a rof251.76 Soulh 42°21'0' ~ a d of 10.56F1~ ' ~d a b~ cFtond whid~ f Sauttt 24°57'13" Fit, a cii~rtoe of 378.12 feet to the bt:t2 of a curve to the !~ afar /8~81d iptrve tm the IeR ~ienpMt of 915.?2 feed, a r-e-ydh_i~s of 315.,~0y0y'6e~e~aa~oa~^r~~ ~ s 10t- IIf 114.58 feet; ^..... , .cJOt7d14J°5+~~42` ~BSt, Q die Of 8~1Q.d9 f~ ~O a OR ~6 ~ fit. ~ril~ Of 1 l1t IB d $ 3i); ~8 said fist-WOSt Cedar of S~iaet Line, Sautlt 88°43'fr4° ~Yeat, 6 diBl~rKte Of 71.4;! feet /rt~@ or IeRS, tD ih6 Sdi1H'1 t3i~ Of the Cfean Used ~ N 102i584R0; ~ , eS celled for to fluff thence sold ~t4lt side the ttitiawirlg ettd ~: tO th6 45°50'45° i:.~t a diStertge d 10.08 feet more ar le'lls, to the t~rtr@np of a ctuve ~ ~ otxve to the ~ hatring a of 278.14 feet more rar lase. a r'adus of tlOD.00 whro' h be9nt~6°60'31 31•' of 141,OQ feet m~e ar teas, artd o lat8 chord e of 277.72 i+eet eare a 1~; ~ 8s5°50'18' ~, a dls of 417.14 feet rtxtre or less, ~ bl~gir>rtat8 of a rxuve b ttte 8 ~ttral ~ ~ ~ e ~ 2x2,05 tei# more or lei, a r of 300.00 ~ ~ of 152.42 feet rttore ar lugs, and s ~ chord Exhibit C Page 1 CITY OF MERIDIAN PLAN DEp,AR11ylE~rT STAFF REPORT FOR THE HEg1Z~TE OF FEBRUARY 21, 2006 which tars North 87°13'41' East, a dim of 27i.T8 fret mare or less; North ~°t 7'4p'° Eat, a c~etarroe d 20'1.31 ~ mare or less, to ~. y d Section ~; ~ ~ South 1H ~' Std 00°30'07" a d~.00ieet more oomrr~orti to Saaiorsa 3p ~ ~; 11.28 fieef b ~~~ 1J1~"' line d S®t~+a~ .30, gp~ 8$°48'$1' Wes, a df d CentertiSoulh 9h8'' Corrterd ~ ~~ ~~ ter Ib~e d 3i®ctlort 30, t pp,°,p~~. East, a distenoa Repra~rga~~e Deed I ~; tx''ope1'[y' destrlbpd in Personal lY y- at sidd Persana~l ~+~errtatlves peed fhs tollawirg Nortfi 38°33'24` West, a dietenoa d 126.24 North SZ°28'330` West, a diset~noe of ~5i.70 North 80°3404° West, a di~noer 4244.40 North 84°04'55' West, a dime d 164.58 Month 65°54'09" West, a distar~ d' x53.865 tae! th a point do ttte Wit 1J76°i line t~f Sealan 30; ~~ ~9 t taest 11i8~' tine, North 00°00'23• Wei g d 846.52 red to the -YVest 1t16"a' Garner d Sedan 30; thence ~dor~ the Es~st-Ws~ Cdr Ifrfe als $ 80. I~rth !x°44'86' East, a dim d 323.01 feet b the TttIJE ROINT pp ~tNNllt~. ~ 91.085 scr+es, mare cr lase. th and rigfte+d~, as ~,y ~y exist, d record or not of K is the irrtedtor, d thin dew, ~ ~„~ art of the ~d rlulNaer 10x21 p^Dp'a*tY deecrlbed in t?uit Ctabn 58440, P Repr+ pew ~E•Nutlbe~ 990747, Olin Ctsfrn Deed MstrteTtertt rnat~beir g®Op~pS. alnd Ault Clailm Deed thle 99112159, ~Y portta~a dthese Propeitiea not in ~i-pa Rem to attriched sketCtt, ,(~~., t~ >i:• i :'Pftj':~ TmK~thy J.ysp, pt„g 7812 ~wEr~a~nt~ Puauc EM OF '~ trtirp ~s~ooc ExhQbit C Page 2 CITY QF MERIDIAN PDEPARTMENT STAFF REPORT FOR'I'HE HEA TE OP 1'EBRCIARY 21, 2006 T C3 H W Y Z O X w z z 4 ~_ U 1~1. ~.i~.~ Q~ ~~~ ~ ~ ~ }~~ ~ ~:~ ~~ ~ ~v ~~ ~ry f I. ~~ ~~~ 7-~n d l_ ~N ~ ~~ !i ~ ~ f ~I -_ i m i _1_~_.~___._. Exhibit C Page 3 Cl'f Y OF MERIDIAN PLANl~ pEPARTMENT STAFF REPORT FOR THE HJrARIl~ATE pF FEBRUARY 21, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. Will the new zoning be harmonious with and in accordance with the comprehensive plan and, if not, has there been an application for a comprehensive plan amendment; In Chapter VIl of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling uxrits or less per acre. Council finds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan anal Future Land Use Map, which designates the 50 acres adjacent to Locust Grove Road to be "Low Density Residential," and "Medium Density Residential" to the west. Some of the larger lots in the development are within the area designated for low density residential. The applicant has submitted detailed calculations for the low and medium density designated areas. Council finds that the low density area contains leas than 3 dwelling units pet. acre, antd that the medium density area contains just under 3 dwelling units per acre (2.8 d.u/acre gross.) The overall gross density of the project is 2.8 dwelling units per acre. Council finds that the density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low and medium. density areas. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Council Report far detailed analysis of specific comprehensive plan action items that apply to this development.) B. Ts the area included in the zoning amendment intended to be rezoned in the future, Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and a conditional use permit far a planned development that proposes single-family dwelling lots on the subject site (PP-OS-048 & CUP-OS-046). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the azea included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use pernnits; Council finds that single-family homes are allowed (permitted) within the requested R-4 zone, (if the accompanying Conditional Use Permit far a Planned Development is also approved.) D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjace~rt area being developed in a fashion similar to the proposed rezone azea; There have been no recent street improvements in the area. None of the nearby roadways: Locust Grove Road, Amity Road, or Victory Road, are within ACHD's Five Year Work Program or CII' (20-year plan) for road widening. Sicily Subdivision, Chatsworth Subdivision and Roseleaf Subdivision to the north have been approved for development similar to what is being proposed. Bellingham park Subdivision at~d Tuscany Subdivision Exhibit p Page 4 CITY OF' MERIDIAN 1'LA~ pEPARTMENT STAFF.REPORT FOR THE HEAR~ATE OF F'EgttUARY 2I, 2006 to the east have also been approved for single-family developments, The subject property is generally surrounded. by rural residential acreages. Council does not fud that there has beer! a change in the area that dictates that this property should be rezoned. However, this is the logical expansion of the City limits. The Council relies an Council's analysis, public testilnany received and any comments submitted from any other agencies or departments regarding whether this property should be annexed.. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious anal appropriate in appearance with the existing or intended. character of the general vicinity and that such use will not change the essential character of the same azea; The applicant has submitted photos/elevations for the proposed dwelling units..lf constructed similarly to the units in the photos, Council believes that the design of the dwelling units will be compatible with the adjoining uses. 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 adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral anal written,) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. G. Will the area be served ad~uately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer; or will the person responsible for the establishment of the proposed zoning amendmea~t be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Urban services, such as water and sewer, 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 pazk and highway impact fees. The ACHID has included several conditions of approval for the subject development. Council finds that the existing and proposed street system will be able to handle the proposed development if the applicant complies with all of ACHD's conditions. All of ACHD's conditions aze included in Exhibit B of the Staff Report. On September 3Q 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 right away. The Commission and Exhibit D Page 5 CITY OF MERIDIAN PLA~ DEPARTMENT STAFF REPORT FOR THE H~K~ATE OF FEBRUARY 2l, 2006 Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will nat create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primacy 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. Y. Will the proposed uses 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 adorn; Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, Council does not believe that the amount generated. will be detrimental to the general welfare of the public. Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with. traffic on surrounding public streets; The applicant is proposing to construct one public street access to connect with the existing public street system. If is designed and constructed as required by the ACRD and the City, Council does not believe that the subdivision will create vrterference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Ridenbaugh Canal bisects this property. Council considers the Ridenbaugh a scenic feature. Council recommends that this feature be protected and enhanced by the applicant. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. The Council references any public testimony that may be presented to determine whether or nat the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. L. IS the proposed zoning amendment in the best interest of the city. rn accordance with the fa inns listed above Council finds that the annexation and Bonin o this ope as posed by the avpli nt won d be in the best anterest of the Ci see nod sin ection in th Sta a ort . 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the Exhibit D Pabe 6 CITY OF MERIDIAN P DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF FEBRUARY 21, 2006 objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation Findings Items G and H above. 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 $ 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. 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. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe required by this title; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size, front setback and maximum block length requirements of the R-4 zone. Council fords that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Council Finds that the proposed subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" and "I.ow Density Residential" (provided the Commission and Council grant the requested planned development). Please see Annexation Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existung or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation Findings E. D. That the proposed use, if it complies with all conditions of the approval iruposed, will not adversely affect other property in the vicinity; Exhibit D Page 7 CITY OF MERIDIAN P DEPARTMENT 57'AFF REPORT FOR THE HEARII~TE OF FEBRUARY 21, 2006 Cauncil finds that if the applicant complies with all of the conditions of approval, this development will not have an adverse impact on other properties. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation Findings G and H, the conditions in Exhibit B, and a>«y comments that nnay be submitted to the Ciry Clerk regarding this project. F. That the proposed use will not create excessive additional requiremexats at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD regarding this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. Exhibit D Page 8 June 23, 2006 L` AZ 05-6 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT Traditions by Amyx ll, LLP REM NO. 5-t REQUEST Development Agreement -Request for Annexation and Zoning of 7b.24 acres from RUT to R-4 zones for Zebulon Heights Subdiv sision No. 2 -- south of East McMi!!an Road and east of North Locust Grove Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement ~~ ' ~L1. Q l ~ S (~~,1~"~" Stiff lniftals: ~ (~" Materiab presented at pubic meeiings siuall become properly of ~ Ci1y of AAeridian. • NGINEER/NG E ~..r~.~.mm~ Sowr~oNSw To: City of Meridian Attn: Tara Green 33 East Idaho Meridian, ID 83642 1 so ~ vixens strcel, spite s Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 LET"f ER 4F TRANSMITTAL Date: 6J21J2006 Project Name: Zebulon Heights Subdivision No. 2 Project Number: 40110 We are sendin ou: Co ' Dated Descai n 1 Develo ment A reement Executed Develo r These are transmitted as indicated belnuv_ For A royal A roved as Submitted Submit for Distribution X For Your Information A roved as Noted Return Corrected Prints X As R nested Returned for Corrections For Pre-Construction For Review and Comment/Si nature Price For Bids Due: Resubmit for royal Remarks: Tara: Please place this on the agenda for City Counal aaeptance and send us a copy of the rerorded document. Thank you! to: File Shari Stiles i BO SE DA 0 O1E13lOti E0148 YARRO AMOUNT .00 49 DEPUTY Patti Thompson III I'II"I'll'~I'II'll'II'I RECORDED-REQUEST OF ~I~I~ II ~II City of Meridian i ~~ 111 ~~7 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Traditions by Amyx II, LLP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this a5~`' day of ~un~ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Traditions by Amyx II, LLP, whose address is 4850 N. Rosepoint Way, Suite 103, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of The Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District; and 1.5 WHEREAS, "Owner/Developer"made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDIVISION PAGE 1 OF 10 • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 19~' day of April, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDMSION PAGE 2 OF 10 3 • DEFII~TITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Traditons by Amyx II, LLP, whose address is 4850 N. Rosepoint Way, Suite 103, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Unified Development Code which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4 zone, and the pertinent provisions of the City ofMeridian Comprehensive Plan are applicable to thisAZ OS-006 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5• DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated January 26, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDMSION PAGE 3 OF 10 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: That the "Owner/Developer" will construct a continuous multi-use pathway from the west property line throughout the site to the south of the property line. Further, the "Owner/Developer" agrees to provide the City with all legal descriptions for any portions of the multi-use pathway that are off-site (under ACRD ownership and church ownership), prior to final plat signature. 2. That the "Owner/Developer" 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. 3. 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. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers"heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDIVISION PAGE 4 OF 10 • • "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8• CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's"cost, and submit proof of such recording to "Owner/Developer", prior DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDMSION PAGE 5 OF 10 to the third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZO1~TI1vG: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Properly" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDIVISION PAGE 6 OF 10 • 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Traditions by Amyx II, LLP 4850 N. Rosepoint Way, Suite 103 Boise, Idaho 83713 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDMSION PAGE 7 OF 10 determined by a Court of competent jurisdiction. This provision shall be deemed to be a sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had. determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21 • INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Properly" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ OS-006) ZEBULON HEIGHTS SUBDIVISION PAGE 8 OF 10 • the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER TRADITIONS BY A,MYX II, LLP CITY OF MERIDIAN By: Attest: ` n ~ _ CITY CLERK ~ ~r.~ ~i~~~ `~ /f~i~///p'f`d '~t~`~Rt,,,`~`~ DEVELOPMENT AGREEMENT (AZ OS-006) ~~~~N HEIGHTS SUBDIVISION PAGE 9 OF 10 U STATE OF IDAHO ) ss County of Ada ) • On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, pe onally appeared 7~~- ,a,,~ ,~~( o behalf of Traditions by Amyx II, LLP, known or identified to $~'e to be the e.. of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that they executed the same. IN~ the day and "_ ~O'C AR y Z y ~ !~~ ~ ~ p U BL1G ~'s0 (SEAL) 'y, ~t-~ ~..~~~•• ~.~~~'' ~'y~ TF OP t9a`~ I have hereunto set my hand and affixed my official seal first above written. My Commission Expires: ~7~ /~ yp/ U STATE OF IDAHO ) ss County of Ada ) On this a`1 t`' day of SUfI~ , 2006, before me, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ~~~~~ year in this certificate first above written • •• s•'S..---- ~ ~, %~ ~O T~g~ ~• (SEAL ~~ ~A~~I ; Notary Public for Idaho ~ Residing at: ~ ' It 1 ~' ; Commission expires: ~G-II-II .~ ° ~~ ,; • DEVELOPNl~°'~ --- T (AZ OS-006) ZEBULON HEIGHTS SUBDIVISION •.... • PAGE 10 OF 10 Jan 25 a 00~ 1 1 : 24Rht Ens i Weer i ng 501 U't; i on5 Jssr~ 2S 05 ~.O:1®~ ii ei.~Fta~ue~roo~y Group J 6Jyiip~~Y ~ ®1 GRa~Ur ~~~ t~6C~8~PSOVdBf Suite 150 Meridian, i~o s3~+42 Phone ~) @41~,-8! tic (~4B} asst-5399 No. 04-162-00 December 9, 2004 Iievisetl January 25, 2U05 ZEBUZOPMT HEIGHTS ANNEXATION IDFSCI~.'~'YON A parcel of land located in the Northeast'/4 of Section 32, T.~I~T., R.IE., B.1VI., . County, Idaho, more particularly described as follows: BEGIN1vI1tiG at the %, rer' canxcnan to Section 29 and the said Seetaioa 32, from which the Northeast corae~- of .Section 32 bears North 89°54'4G' East, 2655.65 feet-, Thence North 89°54'46" East, 663.91 feet to the Northeast coru-er of the NW i/o of the ~7 !/d of the NE Ya; 'Thence along the East line of said NW ~/ oftkse NVIr'!~ of the NE'/, South Ofl° 2' l l" West, 661.49 feet to the Southwest comer of the Northeast %. of floe 1`~orthwest Y4 o the Northeast 5~,; Thence North 89°5?'33" East, 664. I3 feet to the Southeast comer of the Northeast t o the Northwest ~/ of the 1ortheast ~ lying on the West boundary of Madison Park No. 2 Subdivision, ss same is acorded in Haok 7S of Flats at Page 776?, records of Ada Co ty, Idaho; Thence s.Iang said West bauadary and the West boundary of Madison Park No_ 3 ~sion, as same is recorded in Book 77 of Plats at Page St792, records of Ada , Idaho, South d0°31'fl0" Went, 662,03 feet to the Northeast 1l16 eomez of said 32; Thence continuing South 0()°31'4x" West, $82.72 feet; Thence South 89°51'88" East, 563.40 feet; Thence South OQ°3fl'fl3" West, 441.79 fiect to a point oa the East-West rr$d- line, cararnotr to the North lino of Jasmine Acres, a subdivision recorded in Book 59 plats at PaSe 5829, records of Ads County, Idaho; Thence along said line North $9°49' 16" West, 1$92.04 feet to the Center of said 32; 'Thence slang the I:aet Line ofPTeritage Subdivision Na. 2, as same is recorded in 23 of plats at Page 14$2, records of Ada County, Idaho, North 00°3t)'3?" Hast, ~~~ 535 ®941 p, l i Profeasionvt Lond Syrveyors Jen 25 2005 11:24flM Jan 25 d5 ~O:108 En~in~ering Solutions i, I d~F:~urve;j GPnup 20.$ 939 0941 [ 2061®4-5399 130.06 feet to the C-N 1/16 corner, cowman to the Northeast corner of said Heri#age Su vision No. 2; Theace atoaag the West Brae of the NW '1 of the NE Y~ North 00°33'2Z" East, 1.92 feet to the Point ofBe~inning. Containing 76.29 acres, more or less. ~~~~ -_lZ'-i -tom Preparr~l by: IDAHO SURVEY GROUP, PC A TerryPeugla, P_L.S. v ~- ' ~~y.~ ppPRD~ )Z~~ SAN 2 ~ 20fl~ M W~~~S DEP~1C p.2 P• i i f ~ ~ CITY of MERIn~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 76.29 Acres from RUT {Ada County) to R-4 {Low Density Residential) AND preliminary Plat Approval of One- Hundred-Seventy-Five {175) Single-Famay Residential Building Lots and Twenty (20) Other/Common Lots AND Conditional Use Permit Approval for a Planned Development with Reductions to Lot Frontage, Increased Block Length and Reduction is Density to Less Than Three (3) DweIIing Unfts per Acre for Zebulon Heights Subdivision No. 2, by Traditions by Amyx II, LLP. Case No{s): AZ-05-006, PP-OS-008, CUP-OS-019 For the City Council Hearing Date of: Apri119, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the April 19, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony} and in the official meeting minutes (for oral testimony}: c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-006 / PP-05-008 /CUP-05-019-PAGE 1 of S evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staffreport. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owners} of record at the time of issuance of these findings is Traditions by Amyx II, LLP. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H,, and I for the findings required for these applications. 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 Zoning, Subdivision and Development Ordinances cod;tied at Titles 11 and 12, 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 adapted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 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 signal by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary. Plat dated November 23, 2004 as shown in Exhibit B, the Site Plan dated November 23, 2004 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-p5-0p6 / FP-0S-OQ8 / GUP-OS-019- PAGE 2 of 5 C. Decision and {hder Pursuant to the City CounciI's authority as provided in Meridian City Code § 12-3-5 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 November 23, 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 23, 2004 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions areas shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (l8) months unless otherevise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footingi or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date far the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty.(30} days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18}month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple. phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACE, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-0061 PP-05-008 1 CUP-05-019- PAGE 3 of 5 • • 1. The Applicant is hereby notified that pursuant to Idaho Code 6?-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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By tion of the City Council at its regular meeting held on the ~~~h day of 1 ZOOS. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD VOTED 'Ul~1k, VOTED VOTED VOTED t .I,QA VOTED • .~-- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-OS-006 / PP-05-008 /CUP-05-019- PAGE 4 of 5 (TIE BREAKER} Attest: G. Berg, Jr., City Copy served upon Applicant, The Planning and City Attorney. • Public Works Department By' Dated;~~j City Clerk's Office CITY OF MERIDIAN FINDnVGS OF FACT, CONCLUSIONS OF LAW AND DEGISiON & ORDER CASE NO(S). AZ-05-006 ! PP-{?5-008 / CUp-0S.pI g_ pAGE 5 of5 • EKHIBTI' A Zebulan Heights Suhclivlsion No. 2 AZ-05-006 Legal Description (3 pages) +en 2S 2it:'!S •I ? : 24FlM Cng f .+4erl nr to t ~r tcn:r 2G8 9t<q r~gsi Jsn Zg US ttl'S:ua i''t [AaHa Sut-v~i+ C-etul+ [208! . ti@a •3$93 ~+. 8 IDAHO i4so EauV-mrsatira. s;, SURVEY V,rer t5~ GROUP r,aman, try e3a42 Pbond [~i 8l6.tS57a - "T~'"t vo. 04.162.00 --- . _ ...... .`. _ ~- - y---_ Dreetn6er 9, 2Gpo r J Rwldod Jtemary 2S, 2L~r 5 I ?~Bl:ti:t7f• FiY.fCit1'g I .h1YNEXA'nO1V DE$C~jg41T ! A ptt:ael of Ladd toctteed ut the Nasthpst ii of 5lectimt 32, T•aN., R t E • e. 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Z,+a aaaae is recnrued in ?3 ofptata st Page 1452, records of AdaCoutNy 1~, h-q~ 00°3t7'3f° }?yr, Projes,ianct Land jmrYeypis f • • •i 4n ZC~ 2Q~z I ! : F'4Ffl'f Ena r newt t n• ~~o l uc: era •...•«. `{ .ie.~ 29 p8 ~tC~::q.a td~~q Su••.r~ tir•o~ 6 P ~2A8- t38i-4;395 i. o 132Q.06 feet io t~ C-1C 1JI6 coutet. COiWIIOA 4o elrc • SubBivision No. a. 1+lanheest ~- of said FIepta~ • Thrice slotyl the tVgit Ihto or thr N4V ~, of Ihe:a'E Y, Nosh t~°33'22° Fast, . i 3~! 92 rest W the Pnint of Be~iog Contaidtog ?F.19 attar. more or leas. ~ - p-~ated by: . i ` IDAHO SURVEY GROUP, >'C' $~~~ `~ ii ~~p, ,'~ ~* D. TerryPeugh, P.L.5 I ~•~ ~ r' ~~ r. d jz'' •. r .. i• r f3 i ~~ '~r-i--~-r- B • r !` ~; ' ~ 'i I!~!~ e r ~ k~~ s ~ ti. _. 9' ~`.~ .i T i it ! ~~ i ' ~ ! r ~ a, ~ _ . pan a~~rr ~r °~~ • oru-R::i°ei.r. ~~~• o. w.n~ .. ~-m~.. . I r r $a 6i ~~i • ~~. ~Yd 017 o~usn -~~."~`... ' ~J EXHiIBIT C Zebulon Heights Subdivision No. 2 CUP-OS-019 Approved Site Plan ~ .` --y - . . ~, . ._ ,~. +'nw ~.- li t ~,.~.u`vo+~a a ~~L lPli ~" T~ ~ .~• I.i, l:' I ~ ~,...~ ~ ~ '• r ~~ '' i IIre%~ ~_ .i .t id {~g a:y 4bl 1- •i. ~. ~;i ~ , ,"' '. J i +. ~ •30•e Y~_'e~~`' ,.ti ~' Vi=i ~~1. t .-~~'a: !!a ~`~+a. T'i'~t . iSS~.l• ~~° ~ ~a I I i a , ~• :; - ~; , .~t, ~..~ Kati ~ ~rj: ~ . ki_~ ~ -i'.F !a ,]~' ~~~~', gc - -- a ~,F-'~ as ^ award ~ ~ i • f : wvse ~ M1 ~rt ~ ' ~ ~i[ ~ sa • ~yR-.1~ ~ ~.s x .wy~ `'' I1y ~ yt !u .,n`e j E IT D Zebulon Heights Subdivision No. 2 AZ-OS-006 Annezation and Zoning Continents ANEXATION & ZONING COMMENTS 1. The legal description submitted with the application (dated 12-9-04, amended 1-25- 05, stamped by D. Terry Peugh} shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this Property. Prior to the annexation ordinance approval, a DA shall be enterers into between the City of Meridian, the property owner(s) (at the time of annexarion ordinance adoption), and the developer. The a licant shall contact the Ci Attorne Bill N at 888-4433 to initiate this ocess. The DA shall incorporate the following: 'That the applicant agrees to construct a continuous multi-use pathway from the west property line throughout the site to the south property line. Further, the applicant agrees to provide the City with all nod legal descriptions for fibs any portions of the multi-use pathway that ere ~ off-site (under ACRD ownership and church ownership}, prior to final plat signature. That the applicant will be responsible for alI 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 Secticm 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 als 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, glaze or odors. E-~E_ Zebulon Heights Subdivision Na.2 PP-05-008 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS RELIMINARY PLA 1. The preliminary plat prepared by Engineering Solutions, LLP, dated 11-23-04, is approved, with the conditions listed herein. All conditions of the accompanying AnnexationlZoning (AZ-OS=006) and Conditional Use Permit (CUP-OS-00~ application shall also be considered conditions of the Preliminary Plat (PP-OS- 008). 2. In addition to the street system proposed, construct a public stub street to the 5- acre Wagnild parcel (Parcel 1Vo. 50532427810} to the south. 3. The submitted 2-page landscape plan prepared by Harvest Design, Inc., dated 1- 19-05 is approved as submitted,, with the following modifications: • If allowed by ACRD, install one tree for every 35-feet of frontage on the McMillan Road right-of-way. Coordinate the license/maintenance agreement with ACRD for any landscaping within the right-of-way. • In addition to sidewalk, construct a minimum 10-foot wide gravel shoulder along McMillan Road and landscape the remaining portion of the right of-way with lawn or other ACRD approved groundcover. Coordinate the license/maintenance agreement with ACRD for any landscaping within the right-of-way. • The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. • All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All storrnwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. 4. Except for the North Slough {aka. Settlers Canal), 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 City Ordinance 12- 4-13. Plans will need to be approved by the appropriate irrigaxion/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, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the prim source. If a surface or well source is not available, a sin e- ~ the culinary water system shall be r ~ point connection to utilized, the develo ~~' If a single-point connection is per shall be responsible for the payment'of assessments for the common areas prior to signature on the final plat by the City Engineer. 6. Prior to signature of the final plat by the City Engineer, all structures on this site shall be removed. 7• Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-feet as measured from the property line or the back of sidewallc, whichever is more restrictive. '$• All portions of buildings located on all lots within the development should be within 150-feet of a paved surface (as measured around ,the perimeter of the building). A minimum of two points of access will be required for any portion of the Project, which serves more than 50 homes. The two entrances shall be separated by no less than %s the diagonal measurement of the project, prior to issuance of the 51 ~` building Permit, a secondary emergency access approved by the Meridian Fire Deponent shall be provided 9. A detailed fencing plan shall be submitted upon application 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 building permits. AlI fences shall taper down to 3-feet maximum within 20 feet of all right- of-way. All fencing shall be installed in accordance with MCC 12-4-10. Fencing adjacent to any section of the multi-use pathway shall be installed in accordance with MCC 12-13-15-9. The applicant shall construct wrought iron fencing on both sides of the North Slough (for multi=pse path~nay visibility,). 10. Maintenance of all common areas shall be the responsibility of the Zebulon Heights No.2 Homeowners' Association. 11. Permanent sanitary sewer service to this development is to be provided by the undeveloped North Slough Trunk. Temporarily sewer. service will be provided by the Lift Station serving Vienna Woods Subdivision. At this time sewer does not exist at the location the applicant has shown on the preliminary plat. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the public Works Department. Applicant shall execute City of Meridian, standard forms of • • easements, for any mains that are required to provide service. If this application is approved, it shall be subject to availability of the sanitary sewer. The applicant shall also be responsible for any upgrades to the lift station that maybe necessary to increase the capacity to handle this development. 12. Water service shall be from extensions of the existing main in E. McMillan Road, and the future phase of Settlement Bridge. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 13. Direct lot access to McMillan Road is prohibited. A note shall be placed on the final plat restricting access to McMillan Road. 14. The City recommends that the applicant coordinate with the parkins Nourse User's Association on coming up with a solution to the existing access problem to the irrigation pipe adjacent to Wainwright Drive in Boise City. GENERAL CONDITIONS (PRELIMINARY PLATT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110%~ will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape and fencing 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. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will 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 commencing installations. 7. Any free 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, 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 2q-hours for all storms up to and including x'100-year storm events, Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sad/grass seed (or other approved Iandscaping) shall not count towards the required open space area, 'The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and cronstniction phases, The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater, 9. The applicant shall coordinate mailbox loc~tians with the Meridian Post Office. 10. 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 maybe used far non-domestic purposes such as landscape irrigation. 11. 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. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, 13. The 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. ! • 16. Stairs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1 ~• Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCYID PARTMENT COMNLENTS & CONDITION MExtnL~v FIItE DErArt~~rr 1. One and two family dwellings will require afire-flow of 1,000 available for duration of 2 hours to service the end ~°~ ~ minute placed an average of 500' project. Fire hydrants shall be apart. International Fire Code Appeiidpc C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire D'eparlment and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, e. Fire Hydrants shall be placat 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. 4. The phasing plan may require that any roadway greater than 1 SO' in length that is not provided with an outlet shall be required to have an approved turn azound. 5• '~ entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. b' 4perati°nal ~ hydrants, t~PomrY or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. To increase emerggency access to the site a minimum of two required for any portion of the protect, which serves more than Q homes~The two • entrances should be separated by no less than %: the diagonal measurement of the project. 8. The proposed 175-lot subdivision with an estimated 2.9 'residents per household would have a total estimated population of 508 residents at build out. 9. The proposed project lies outside the five-nunute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. All portions of the buildings located on this project must be within 150' of a paved surface as measur~l around the perimeter of the building. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. ADA COUNTY HIGHWAY DISTRICT SITE SPECn~IC CONDITIONS OF APPROVAL 1. Enter into a cooperative development agreement for the allocation of costs for the sidewalk on McMillan Road abutting the ACRD storm drainage ponds (approximately 665-feet.) 2. Construct the main entrance, Cainas Creeks Avenue, to intersect McMillan Road in alignment with the main entrance into Austin Creek Located on the north side of McMillan Road. ' 3. Construct East Wainwright Drive (from the east property line to Lot 20 Block 10) as a residential collector with no access or front-on housing. Construct this segment of Wainwright Drive as a 30-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within SOfeet ofright-of--way, as proposed. 4. Construct the remainder of the local streets as 36-foot street sections with rolled curb, gutter and sidewalk within 50-feet orright-of--way, as proposed. • 5. Extend Wainwright Drive into the site from the east property line adjacent to the north property line, as proposed. 6. Construct a stub street to the south property line approximately 460-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future.„ 7. Extend a previously approved stub street from the west property line approximately 875-feet south of McMillan Road, as proposed, 8. Extend Rochester Dove from the east property line approximately 138-feet south of the north property line, as proposed. 9. Construct a stub street to the east properly line approximately 370-feet north of Wainwright Drive, as proposed. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future." 10. Provide access to the located to the east of this site just north of Wainwright Drive, by constructing Wainwright Drive as a "quasi-stub street" that runs along the north property line of this site, as proposed. Construct Wainwright Drive as a fu1136-foot street section and place the right-of way line abutting 7.260, 1.19, 5.0-acre sties to provide them with future access to the public transportation system, as proposed. 11. Construct six (6) cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 12. Construct an eastbound right turn lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommend by the submitted traffic impact study. Coordinate the design of the taro lane with District staff. 13. Construct a westbound left turn lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommended by the submitted traff c impact study. Coordinate the design of the turn lane with District staff. 14. If the applicant chooses to landscape the storm drainage ponds, the applicant shall obtain a license agreement and have the landscape and sprinkler plan reviewed and approved by the ACRD Drainage Division. 15. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL " 1 • Any existing irrigation facilities shall be relocated outside oftheright-of--way. 2. All utility relocation costs associated with improving, street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the constriction of the proposed development. Contact Constnzction Services at 387-6280 (with file number) for details. 4. 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. S. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. 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. 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. 8. 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. 9. 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- b 190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. I 1 • 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. MERIDIAN POLICE DEPARTMENT 1. Portions of the proposed .development do not offer natural surveillance opportunities of the public azeas. The applicant should meet with the Police Chief to discuss features that increase visibility of the multi-use pathway where natural surveillance is not ideal. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used adjacent to a pathway. CENTRAL DISTRICT HEALTH DEPARTMENT 1. 'This proposal can be approved for central sewage & central water after written approval from appropriate entities is submittal. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough {Settlers) Canal {60' easement), Little Lateral (20' easement), and the Parkins Nourse lateral (30' easement). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. A11 stozm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision, If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting, :F Zebulon Heights Subdivision No. Z CUP 03-019 CUP/PD Site Specific and Standard Conditions .-..~ ~.,1.,,,, ~ iulv.~w USE PERNIIT/PD 1• The PD site plan prepared by Engineering Solutions, LLP, dated 11-23-04, is approved, with the conditions listed herein. The applicant shall meet all of the requirements of the Annexation/Zoning {AZ-05- 05-05) as a condition of the Conditional Use Pemut (~~p p ~ ~ ~` Plat {PP- Z• The project shall conform to the R-4 dimensional standards, except as follows: • Minimum frontage: 50-feet (non cui-de-sac lots). • Block 7 is allowed to exceed the 1,000-foot block length. No other variances, exceptions or reductions to the City adapted dimensional standards or uses are approved with this CUP application. 3 • The following amenities are required as part of the Planned Development, per the application: playground equipment on Lot 1 Block 6; a sw' restroomllocker/changing areas and playground m~ng pool with multi-use pathway throughout the devel ~p~ on Lot 5, Block 8; a site set aside for °~~' and, $ Five (5) percent of the °Pett sP~ (exclusive of the channel for the North Slough), Said multi-use pathway shall be construct a minimum of 10-feet wide. Prior to signature of the final plat, a permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the multi-use pathway, The easement(s) shall be sufficient width to cover the IU-wide pathway. Additionally, a note shall be added ~ the face of the final plat(s) indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement- The apglicaut shall be required to obtain a Certificate of Zoning Compliance (CZC} from the City prior to construction of any permanent structures on the proposed park lots. 4. The applicant shall work with Meridian Planning & Zoning staff and ACRD staff on striping, signage, or other means to create an efficient multi-use pathway crossing of the public streets. The applicant shall install signs or other means to inform the traveling public (striping crosswalks, etc. of intersections (where deemed ) pathway/strcet appropriate by ACRD staff and City staff). 5• Construction within Zebulon Heights Subdivision No. 2 shall substantially comply with the seventeen ' { 2 7) elevations submitted by the applicant. Construction materials us~l on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. • • MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fre-flow of 1,000 allons available for duration of 2 hours to service the entire g ~ minute placed an average of 500' P1Oje~• Fire hydrants shall be aP~ International Fire Code Appendix C 2. Acceptance of the water supply for hire protection will be by the Meridian Fire Department and water quality by the Meridian Water D testing, ePartrnent for bacteria 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 provid~l per public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g.. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in len not provided with an outlet shall be ~ ~ is required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 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. ?. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serve more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the Prnje~. 8. The proposed 175-lot subdivision with an estimat~i 2.9 residents per household would have a total estimated population of 508 residents at build out. 9. Tbie proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to • enhance the probability of a favorable outcome an a request for Basic Life Support. The budget constraints are typically .defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. I0. All portions of the buildings located on this paved surface as measured around the perimeter of the buildi g within 150' of a 11. No parking signs and painted curbs will be required for all Fire Lanes. MERIDIAN PARKS DEPAItTMEN t' 1. Pathway and Trail standards: The proposed pathway andlor trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL, 1. Enter into a cooperative development agreement for the allocation of costs for the sidewalk an McMillan Road abutting the ACRD storm drainage ponds (approximately 665-feet.) 2. Canstruct the main entrance, Camas Creeks Avenue, to intersect McMillan Road in alignment with tine main entrance into Austin Creek Located on the north side of McMillan Road. 3. Construct East Wainwright Drive (from the east property line to Lot 20 Block 10) as a residential collector with no access or front-on housing, Construct this segment of Wainwright Drive as a 30-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within SOfeet ofright-of--way, as proposed, 4. Construct the remainder of the local streets as 36-foot street sections with rolled curb, gutter and sidewalk within 50-feet or right-of--way, as proposed 5. Extend Wainwright Drive into the site from the east property line adjacent to the north property line, as proposed 6. Construct a stub street to the south property Tine approximately 460-feet east of the west property line, as proposed, Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future." 7. Extend a previously approved slob street from the west property l1rie approximately 875-feet south of McMillan Road, as proposed 8. Extend Rochester Drive from the east property Line approximately 138-feet south of the north property line, as proposed. 9. Construct a stub street to the east property line appro~ately 3 70-feet north of Wainwright .prise, as proposed. Install a sign at the terminus of the roadway statu-g, "This roadway will be extended in the future." 10. Provide access to the located to the east of this site just north of Wainwright the north ronstructrng Wamwnght Dave as a "quasi-stub street" that runs along p party line of this site, as proposed, Construct Wainwright Drive as a fu1136-foot street section and place theright-of-way line abutting 7.260, 1.19, 5.0-acre sties to provide them with future access to the public transportation system, as proposed. 11. Construct six (6) col-de-sac turnarounds without center islands within the subdivision, as proposed, Construct the turnarounds to provide a minimum honing radius of 45-feet. 12. Construct an eastbound right tom lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommend by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 13. Construct a westbound left tom lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommended by the submitted traffic impact study. Coordinate the desiga of the turn lane with District staff. I4. If the applicant chooses to landscape the storm drainage ponds, the applicant shall obtain a license agreement and have the landscape and sprinkler plan reviewed and approved by the ACRD Drainage Division. 15. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1 • Any existing irrigation facilities shall be relocated outside of the right-of--way, 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe imaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. • 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shaiI prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other requires permit), which incorporates any required design changes. 7. 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. 8. Payment of applicable road impact fees aze required prior to building construdion in accordance with Ordinaance #200, also known as Ada County Highway District Road Impact Fee Ordinance, 9. 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 ACRD Traffic Operations 387- 6190 in the event any ACRD conduits (spaze or filled) are compromised during any phase of construction. 10. No change in the teams 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. 11. 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. alI rules, regulations, ordinances, plans, or other regale and 1 the time the applicant or its successors in interest advis ~e.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. MERwi~v PO~,ICE DEPARTMENT 1. Portions of the proposed development do not offer natural surveillance opportunities of the public areas, The applicant should meet with the police Chief to discuss features that increase visibility of the multi-use pathway where natural surveillance is not ideal. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet is height if solid fencing is used adjacent to a pathway. CENTRAL DISTRICT SEALTH DEPARTMENT 1 • 'This proposal can be approved for central sewage & central water after written ' approval from appropriate entities is submitted Z. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health ~ Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. S. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irtigation/drainage facilities along with their easements must be protected and continue to fwiction. The facility involved is the North Slough {Settlers) Canal (60' easement), Little Lateral (20' easement), and the Pazlcins Nourse lateral {30' easement). Z. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. ' `~'• ~Y changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. ' 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting, XHIBIT G Zebulon Heights Subdivision No. 2 A?r05-006 Zoning Amendment Findings i According to Meridian City Code (MCC)11-15-11, General Standards Applicable to Zoning Amendments, both the Planning ~ Zoning Commission and Council are required "to review the particular facts and circumstances of each r terms of the following standards and shall find adequate sullen edansv~ierin~thedment in following questions about the proposed zoning amendment.,, The following is the list of standards found in 11-15-11 and analysis by City Council: A• Will the new zoning be harmonious Comprehensive Plan and, if not, has there been an capplicationl or a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three ~ Wight dwelling units per acre. The applicant is requesting that all the subject site be zoned R-4 (Low Density Residential}. The R-4 district allows for a maximum of four (4) dwelling units per acre (MCCl 1-7-2.C). Although the requested zoning designation, R-4, allows densities cansistem with the medium density Comprehensive Plan designation, the proposed residential density is only 2.4 gross dwelling units per acre. The Comprehensive Plan does allow a one step increase or decrease in residential areas without amending the Comprehensive Plan. Due to the existing one-acre lots in Heritage Subdivision to the west, City Council believes that a step down in density is justified here. if the City approves an R-4 zone (and associated PP and CUP applications), the proposed zoning/density will allow a smooth transition from the estate lot sizes in Heritage Subdivision to the urban lots in Madison Park to the east, Further, City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): "Develop and maintain greenbelts along waterways."~ (Chapter V, Goal 1, Objective A, Action item 4) The applicant is proposing to leave the North Slough open abutting this site. In accordance with the Comprehensive Plan, the applicant is proposing to construct a lktulti-Use Pathway along the slough and throughout the development, thereby enhancing the natural features and the development. ~ ~ "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal I, Objective C, Action item 4) If the applicant complies with the conditions in this report, the development will meet the standards for landscaping, signage, fences and walls outlined in City Code. • "Require useable open space to be incorporated into new residential subdivision plats." (Chapter VII, Goal N, Objective C, Action item 3) The applicarnt rs proposing to set aside approximately $ percent of the site as open space. In addition, in the applicant's defter (from Shari Stiles) other Comprehensive Plan policies are listed supporting the annexation and proposed residential use of the property. C' Council Inds that i the a ca t coin lies the conditions included in t is r ort the overall deli o the subdivision would ben eneral con ormance with the City o Meridian Comarehensive Plan 13. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning applic~fion, the applicant has submitted a preliminary plat proposing single-fiimily lots on the subject site (Zebulon Heights No. 2 Subdivision, PP-OS-008). City Council does not anticipate that the applicant plans to rezone the subject property in the future if the a~Inpanying CUP and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed ht the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed single-family development could be allowed within the requested R-4 zone, if the accompanying Conditional Use Permit for a Planned Development is also approved. D• Has there been a ehange in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned, or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that other properties in the area have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. ~ ~ Austin Creek Subdivision to the north and Madison Park Subdivision to the east have gross densities of approximately 4 dwelling units per acre. Heritage Subdivision to the south has a residential density of approximately 1 dwelling unit per acre while Settlement Bridge Subdivision has a density of 3.7 dwelling units per acre. There have been no recent street improvements in the area. This section of McMillan Road abutting the site is in ACHD's Capital Improvements plan (CIP) for mad widening in 2015. Locust Grove Road in this area is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening, Other urban services, such as sewer and water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. E• Will the proposed uses be designed, constracted, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the requested zoning and proposed density is within the anticipated range for a Lower density urban project, Further, based on the Comprehensive Plan, City Council believes that some of the existing large county parcels in the area {south and east} will realevelop with similar densities in the near future. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. ~ , F• Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The applicant has submitted seventeen (17) front elevations for the proposed dwelling units, City Council believes that the design of the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. City Council does not anticipate that the proposed residential uses will be disturbing or hazardous to existing or frtture uses as long as the conditions outlined in this report are complied with and house construction is conducted in a manner consistent with City Code. G• Will the area be served adequately by essential public facilities and services such as highways, strcets, police and ftre proted3on, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of sack services; Permanent sanitary sewer service to this development is to be provided, by the undeveloped North Slough Trunk. Temporarily sewer service will be provided by the Lift Station serving Vienna Woods Subdivision. At this time sewer does not exist at the location the applicant has shown on the re ' will be r P luninazy plat. 'The applicant esponsible for the extension of utilities to and through this proposed development, Sizing and routing shall be coordinated with the Public Works Department. If this application is approved, it shall be subject to availability of the sanitary sewer. The applicant shall also be responsible for an station that may be necessary to increase the capacity to handle this development. Water service shalt be fi om extensions of the existing main in g. McMillan Road, and the future phase of Settlement Bridge. The applicant and/or future property owners will be required to pay park and highway impact fees. On March 9, 2005, ACRD approved this development with site-specific and standazd conditions. The applicant should comply with all requirements of the ACRD, Please review the ACRD report for additional information regarding this finding. On February 25, 2005, a joint agencyJdepartment comments meeting ~v~ held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agenci~/departrnents, City Council finds that the public services listed above can be made available to accommodate the proposed development. ~• WiU not create excessive additional regwtrements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructwe, utilities and irrigation services to serve the project. The Primary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed annexation and zoning will not be detrimental to the community's economic welfare. I• Will the proposed uses not involve uses, aetiviti equipment and conditions of operation that will be detrimenta~to~a~ny~ persons, property or the genera! welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; According to the Traffic Impact Study (TIS) prepazed by Washington Group Internatronal tine proposed project is anticipated to generate 2,368 (including the office portion approved in Boise City). City Council reco noise will increase with the approval of this subdivision, h~owever~Cti ~ nn~ does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fiunes, glare, or odors, City Council finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. J• Will the area have vehicular approaches to the property which shall be so designed as not to create an interference v~ith traffic on surrounding public streets; The applicant is promising to construct one public street entrance into the site from McMillan Road and extend two other stubs streets from the east. The extension of Rochester Drive from Madison Park Subdivision and Wainwright Drive from Zebulvn Heights Subdivision No. 1 will cause traffic volumes on the . existing portions of the streets to increase. However, the increase in volume is within ACRD acceptable range for locaVcommerciaUcollector streets. Please review the ACRD report for this project for additional information regarding this finding. If the proposed vehiculaz approaches {streets are a by ACRD, City Council does not believe that the subdivis~onanwill~eat~e interference with traffic on the surrounding public streets. K. Will not remit In the destruction, lass or damage of a natural or scenic feature of mayor lmportance; and City Council finds that there are some existing trees and other mature landscaping on this site. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13 The should work with the City Arborist, Elroy Huff, on desi )~ applicant protection plan. If any trees are deemed to be a ling and unplemenring a City Arborist, prior to removal, mitigation will not be rewired for those trees the The applicant is proposing to Ieave the North Slough open abutting the site. City Council believes that the North Slough is a scenic feature that should be protected. City Council finds that the proposed annexation and, zoning should not result in the loss or damage of any natural or scenic features, as long as the existing trees are protected/mitigated and the North Slough is relocated and protected in manner that does not negatively impact its beauty. City Council is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. • • June 23, 21~b MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT ITEM NO. S-.I REQUEST Resolution -Establishing the Mayor's Anti-Drug Coalition and Adopting the By-Laws of the Mayor's Ant~Drug Coalition 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: See aftached Resolution MERIDIAN SCHOOL DISTRICT: ~ V"~ ADA COUNTY HIGHWAY DISTRICT: ~ Zv SANITARY SERVICE COMPANY 0~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Concocted: Date: Phone: _ Emailed: Staff Initials: AAaledala presented at pubic meet6~gs shall become properly of ~e CiFy of AAedt~. • CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. ~6 ~ J 2 ~' BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION ESTABLISHING THE MAYOR'S ANTI-DRUG COALITION AND ADOPTING THE BY-LAWS OF THE MAYOR'S ANTI- DRUG COALITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Meridian to establish a Mayor's Anti-Drug Coalition of the City of Meridian; and WHEREAS, the citizens of the City of Meridian constitute an underutilized resource of specific expertise or interest in addressing the alcohoUdrug problems within the City of Meridian and surrounding areas; and WHEREAS, citizens of the City of Meridian are willing to provide progressive leadership, education and resources and direction to solve alcohol and drug problems within the City of Meridian limits and surrounding areas through education and participation through the Mayor's Anti-Drug Coalition; and WHEREAS, on November 4, 2004, the Mayor's Anti-Drug Coalition prepared and adopted By-Laws, as attached Exhibit "A", to provide a framework for organization of the Mayor's Anti-Drug Coalition, its actions and agenda; and WHEREAS, on June 27, 2006, the City Council of Meridian approved to establish a Mayor's Anti-Drug Coalition; and WHEREAS, on June 27, 2006, the City Council of Meridian, upon the recommendation of the Mayor's Anti-Drug Coalition, approved adoption of said By- Laws; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has approved to establish a Mayor's Anti-Drug Coalition; and Section 2. The City Council of the City of Meridian has adopted the By-Laws of the Mayor's Anti-Drug Coalition attached as exhibit "A". RESOLUTION ESTABLISHING AMAYOR'SANTI-DRUG COALITION AND ADOPTING THE BY- LAWS OF THE MAYOR' AANTI-DRUG COALITION Page 1 of 2 • Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho .:? 7 da of Y ~W''`'e- , 2006. ~f'`lJ%dGh~' APPROVED by the lbf~rparr of the City of Meridian, Idaho, this 2 ? ~ day of ~Lris..e~ , 2006. APPROVED: ~\`~~ / ATTEST: ' _ ~ ~ CI CLERK ;, ~ T q~ .'~ \`~,: OR / a~ ~~IGtl ®q P~,~rr~~/~'D117t09f1977~~~,ta```` /~/'L~'ti dG~'+.~ RESOLUTION ESTABLISHING A MAYOR'S ANTI-DRUG COALITION AND ADOPTING THE BY- LAWS OF THE MAYOR'S ANTI-DRUG COALITION Page 2 of 2 ~ ~ By Laws City Uf Meridian Mayor's Asti Drag Coalition An Idaho Non-profit Corporation Article I. Parpose Section 1. Purpose The purpose of the coalition shall be to provide progressive leadership, education, resources and direction to solve alcohol and drug problems within the Meridian City limits and surrounding areas. Our goal is to improve community safety and quality of life by preventing andlor reducing substance abuse. Artjiicle II. CI~ices Section 1. Registered Office The registered office of the Anti Drug Coalition wilt be maintained in the state of Idaho and shad be located in Meridian, Idaho. Article III. Membership Section 1. Membership Membership in the coalition is open to anyone with specific expertise or interest in addressing the alcoholldrug problems within the City of Meridian and surrounding azeas. Anyone who has attended at lust one half of the general membership meetings during any calendar year shall be entitled to one vote at all general membership meetings in the next calendar year. The calendar year shall begin on January 1~ of each year. There shall be no voting by proxy allowed. Article IV. Meetings section 1. Annual Meetings An annual meeting of the members shall be held in the month of January each year, with the exact date, time and place to be established by the Coalition Executive Council {CEC). The purpose of the annual meeting will be to elect Officers for the coming year and transact any other business as may came before the meeting. Section Z. Special Meetings Special meetings may be called at any time by the CEC or at the request of not fewer than 10% of the active members of the Corporation. Active members are those entitled to vote according to Article III. Section 3. Regular meetings The time and place of the regular meetings shall be established by the CEC. The Council may designate any place within the city of Meridian and the surrounding area for regular meetings, the annual meeting or for any special meetings. Section 4. Notice of Meel3ogs It shall be necessary far ample notice of annual or regular meetings be given to each member entitled to vote at such meeting. The Secretary, Treasurer, The Chair or any of the members of the CFG shall endeavor to give notice by mailing to as many members as reasonably practicable. Such notice shall be deemed to be delivered when deposited in the United States mail and addressed to the member at the member's address as it appears on the records of the Corporation or to the last lmown electronic mail (e-mail) address. Section S. Quorum and Voting Requirements One tenth (1/10) of the members entitled to vote shat! constitute a quorum. The members present at a duly organized and convened meeting where a quorum is present can continue to do business as a quorum until adjournment, not withstanding the withdrawal of enough members to leave less than a quonvm. If a quorum is present, the affirmative vote of the simple majority of the members represented at the meeting and entitled to vote an the subject matter shall bean act of the members unless the vote of a greater number is required by the Act, the Articles or specified elsewhere in these By Laws. Article Y. Directors Section 1. General Powers and Standard of Care Alt Corporate powers shall be exercised by, or under the authority of the CEC. The business and affairs of the Corporation shall be managed under the direction of CEC, except as may be otherwise provided in the Actor the Articles. An Offcer shall perform the Officer's duties in a manner the Officer reasonably believes to be in the best interest of the Corporation and with such care as an ordinary prudent person in a like position would use under similar circumstances. Li performing such Officer's duties, the Officer shall be entitled to rely on information, opinions, reports or 2 • • statements, including financial statements and other financial data, in each case prepared ar presented by: (a) One {I} or more officers or employees of the Corporation who the Officer reasonably believes to be reliable and competent in the matters presented; (b) Council, public accountants or other persons as to matters which the Officer reasonably believes to be within such person's professional or expert competence; or (c) A committee of the CEC upon which such Officer does not serve, duly designated in accordance with a provision of these BYY Laws, as to matters within its designated authority, which committee the Officer reasonably believes to merit confidence. The Officer shall not be considered to be acting in good faith if such Officer lies knowledge concerning the matter in question that would cause such reliance to be unwarranted: Section ~. Ol~cer Co~ccts of Interest No contract or other transaction between the Corporation, one or more of its Officers, any other Corporation, firm, association or e~ity in which one ar more of its directors or officers are financially interested, shall be either void or voidablerf: (a} The fact of such relationship or interest is disclosed or known to the CEC or the committee and they authorize, approve or ratify the contract or transaction by a vote or written consent without counting the vote or consent of such interested Officers; or (b) The contract or transaction is fair and reasonable to the Corporation and the fact of such relationship or interest is fully and fairly disclosed or known to the Corporation. Section 3. Compensation The OfC~cers shall serve without compensation but reasonable expenses incurred may be reimbursed when expended far and in the interest of the Corporation and approved by the CEC in advance. Section 4. Loans to Directors The Corporation shall not lend money to, or use its credit ta, assist its Officers. Section S. Liabtiity of Officers far VYrangfal Distribution of Assets In addition to any other liabilities imposed by law upon the Officers of the Corporation, the Offiicers who vote for or assent to any distribution of assets other than in payment of 3 • . its debts shall be jointly and severally liable to the Corporation for the value of such assets. When the Corporation is insolvent or when such distribution of assets would render the Corporation insolvent, ar during the liquidation of the Corporation without the payment and discharge of ar making provisions for all known debts, obligations antl liabilities of the Corporation, the Officers who vote far, or assent to, any such distribution -- shall be jointly and severally liable for the value of such assets to the extent that such debts, obligations and liabilities of the Corporation are not thereafter paid and discharged An Officer shall not be liable under this section if, in the exercise of ordinary care, such Officer relied upon, and acted in good faith upon, written financial statements of the Corporation represented to such Officer to be correct by the Chair or by the Officer of the Corporation having chazge of its books of account, ar certified by an independent licensed or certified public accountant or fnm of such accountants. Nor shall such Ol~cer be so liable if, in the exercise of ordinary care and good faith, in determining the amount available forrstich distribution, sash Officer considered the assets to be of their book value. An Officer shall not be liable under this section, if, in the exercise of ordinary care, such Officer acted in good faith and in reliance upon the written opinion of an attorney for the Corporation. An Officer against whom a claim is asserted under this section, and who shall be held liable thereon, shall be entitled to contribution, in proportion to the amounts received by them respectively, from persons who accepted or received such distribution knowing such distribution to have been made in violation of this section Article VI.Officers Section 1. Number and Title The Corporation's Coalition Executive Council (CF.C) shall the Chair, Chair-elect, Past Chair, Secretary, Treasurer aid such other officers as may be elected in accordance with the provisions of the Article. The same person may hold any two offices. Section 2. Election and Term of Office The Officers of the Corporation shall be elected at the annual meeting of the Coalition. Tf the election of officers can not be held at such meeting, such election shall be held within 30 days of the annual meeting ar as soon thereafter as possible. Officers shall hold office 4 • • until their successor is qualified and duly elected. Vacancies may be filled, or a new office created and filled, by the CEC at any meeting of the Council. Section 3. Removal Whenever, in its judgement, the best interest of the Corporation would be served thereby, any Officer, elected or appointed, by the CEC may be removed by an affirmative vote of two-thirds (2/3) majority of the total Council. Section 4. Chalr The Chair shall preside at all meetings of the CEC. Except in cases where the signing and execution thereof shall be expressly delegated to same other officer or agent of the Corporation, the Chair may sign with the Secretary, or any other proper Officer of the Corporation authorized by the CF..C, any deed, mortgage, bond, contract or other instrument which the CEC has authorized to be executed. In general, the Chair shall perform all duties incident to the office of the Chair and other dudes, which shall be prescribed by the CEC from time to time. Section S. Chair-Elect & Past Chair Ian the absence of the Chair, or in the event of the Chair's inability ar refusal to act, the Chair-Elect andlor Past Chair shall perform the duties of the Chair. When so acting, he/she shall have all the powers of and be subject w all the restrictions upon the Chair. The Chair-Elect or Past Chair shall perform other duties as from time to time may be assigned by the Chair or the CEC. Section 6. Secretary The Secretary shall keep the permanent minutes of the meetings of the CF.C, see that all notices are duly given in accordance with the provisions of these $y Laws, or as required by law; be custodian of the Corporate records and Corporate seal; keep a register of the names and past office address of each Corporate member; and, in general, perform al duties incident to the office of Secretary. He/she will also perform other duties as from time to time may be assigned by the Chair or the CEC. Section 7. Treasurer The Treasurer shall have charge and custody of, and be responsible for, all funds and securities of the Corporation; the Treasurer shall assure that the bookkeeper receives and gives receipts for money due and payable to the Corporation from any source whatsoever; and deposit all monies in the name of the Corporation in such bank or other finaacial institution as shall be selected by the CEC; and in general, perform all duties incident to the office of Treasurer. He/she shall perform such other duties from time to 5 • time as assigned by the C13C. The Treasurer with the appropriate standing committee prepares an annual Operating Budget showing income and expenses to be presented to the CEC far approval at the annual meeting. Periodic budget reviews will ln; presented to the Council upon demand. Article VII. Colmxnittees Section I. Eacecative Committee The Executive Committee shall consist of the elected Officers of the Corporation. Section 2.Other Standing Committees The CEC may establish such additions! committees as are necessary and appropriate to carry out the business of the Corporation. Committees designed by the Council may be composed entirely of Officers, entirely of members of the Board or may include members from the coriimunity. The duties, responsibilities, authority and composition of all standing committees and ad hoc committees shall be stated in writing and adopted by resolution of the CF.C. All committee members shall serve anti! the annuals meeting following their appointment ar until their successors have been appointed. ,Article VII. Miscellaneous Section 1. Dues No membership dues shall be required for membership. However, the Finance Committee may solicit contributions as approved by the CEC. The private property of members of this Corporation shall not be liable for the debts of the Corporation. Section 2. Indenurification The Corporation shall indemnify any Officer or former O€ficer of the Corporation against expenses actually and reasonably incurred by him/her in connection with the defense of any action, suitor proceeding, civil or criminal, in which he/shc is made a party by reason of being or having been an Officer, except in relation to matters as to which he/she is adjudged in such action, suitor proceeding to be liable for gmss negligence or misconduct in performance of duty to the Corporation. Section 3. Depositories All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, savings and loan associations, trust companies ar other depositories as the CEC may elect. 6 C Section 4. Contracts The CEC may authorize in writing any Officer(s) or agents(s) of the Coloration, in addition to the Officers authorized by the 8y Laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Gorporatioa. Such autho~tty may be general or confined to specific instances. Section S. Checks, Drafts, Etc. All checks, drafts or orders for payment for money, notes or other evidence of indebtedness issued in the name of the Corporation shall be signed by such persons and in such manner as shall from time to time be determined by resolution of the CEC. In the absence of such determination, the Treasurer shall sign such instniment or any other authorized Officer. All checks, drafts, etc. over $'~0 must be signed by the Treasurer and one other member of the CEC as assigned by the Council. Section 6. Books and Records The Corporation shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members, CEC and committees having any of the authority of the CEC. The Corporation shall keep a record giving the name and address of the members entitled to vote. All books and records of the Corporation may be inspected by any member or his agent or attorney or the general public for any proper purpose at any reasonable time. Section 7.Fiscal Year The fiscal year of the Corporation shall end an the last day of June of each year. Section & 1Dissolutfon A resolution to dissolve the Corporation shall be submitted by a simple majority vote of the CEC. In the event of dissolution of the Corporation, the CEC shall, after gayment of all liabilities of the Corporation, dispose of the assets of the Corporation in such a manner or to such organizations organized and operating exclusively for charitable, educational, religious or scientific purposes. Such organizations shall at the time qualify for an exempt organization or organizations under Section 501®(3) of the Internal Revenue Code of 2954 (or the corresponding provisions of any future United States Lrternal Revenue Law) and which is organized for the purpose substantially similar to that of fire Corporation. Section 9. Noadiscrimination This Corporation is an equal opportunity employer and shall make available its services without regards to race, creed, age, sex, color, ancestry or national origin. Section 10. Political Activity The Corporation shall not in any way use Corporate funds in the furkherance of, nor engage in, any political activity far ar against any candidate for public oi~ce. However, these By Laws shall not be constnred to iimlt the right of any official or member of this Corporation to appear before any legislative committee to testify as to matters involving the Corporation. Section 11. Gifts The CEC may accept on behalf of the Corporation any contributions, gifts, bequests or devises for the general purposes or for any special purposes of the Corporation. All such items are the sole property of the Corporation. Section 12. Parliamentary Procedure All meetings:of the CEC and committees shall be governed by "Robert's Rules of Order" (current edition) unless contrary procedures are established by the Articles of Incorporation, these By Laws ar by special written resolution of the Board of Directors. Section 13. Loans No loans shah be contracted on behalf of the Corporation aad no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the CEC. Such authority may be general or confined to specific instances. Article IX..A~rieIIdmeIIts These By Laws may be altered, amended or repeated and a new set of By Laws adopted by atwo-thirds (2/3) majority vote of the CEC. At least ten (10) days prior to such vote, a written notice setting forth the proposed action, with the time and place of the meeting, will be given to all elected Officers. Secretary's Certification This is to certify that the foregoing By Laws of the Mayor's Anti Drug Coalition have been duly adopted by the Coalition Executive Council (CEC) at a meeting head on Chair~~"' Date signed /I~yv 6,Gi ~'~i Z~8-rf ~.e.¢u...~, Secretary ~~ Date signed ~L~.~.Gw. !q, ~`~ s y t By Laws City Of Meridian Mayor's Anti Drag Coalition An Idaho Pdon-profit Cor~u-raNon Article I. I'arpose Section 1. Purpose The purpose of the coalition shall be to provide progressive leadership, education, resowces and direction to solve alcohol and drug problems within the Meridian City limits and swrounding areas. Ow goal is to improve community suety and quality of life by preventing and/or reducing substance abuse. Article II. t~ces Sect%n 1. Registered Ufl~ice The registered office of the Anti Drug Caalition will be maintained in the state of Idaho and shall be located in Meridian, Idaho. Article III. Membership Sect%n 1. Membership Membership in the coalition is open to anyone with specific expertise or interest in addressing the alcohoUdrug problems within the City of Meridian and surrounding areas. Anyone who has attended at least one half of the general membership meetings during any calendar year shall be entitled to one vote at all general membership meetings in the next calendar year. The +calendar year shall begin on January 1~ of each year. There shall be no voting by proxy allowed. Article I~. Meetings Sect%n 1. Annual Meetings An annual meeting of the members shall be held in the month of January each year, with the exact date, time and place to be established by the Coalition Executive Council (CEC). The purpose of the annual meeting will be to elect Officers for the coming year and transact any other business as may came before the meeting. (/IIA~ w ° ~ - ~ J ~~y, 2~ 5- T • Section 2. Speciai Meetings Special meetings may be called at any time by the CI:C or at the request of not fewer than 10% of the active members of the Corporation. Active members are those entided to vote according to Article III. Section 3. Regolar mtatings The time and place of the regular meetings shall be established by the CF.rC. The Council may designate any place within the city of Meridian and the surrounding area for regular meetings, the annual meeting or for any special meetings. Section 4. Notice of Meetings It shall be necessary for ample notice of annual or regular meetings be given to each member entided to vote at such meeting. The Secretary, Treasurer, The Chair or any of the members of the CF...C shall endeavor to give notice by mailing to as many members as reasonably practicable. Such notice shall be deemed to be delivered when deposited in the United States mail and addressed to the member at the member's address as it appears on the records of the Corporation or to the last known electronic mail (e-mail) address. Section S. Qnormn and Voting Regmirements One tenth (1/10) of the members entided to vote shall constitute a quorum. The members present at a duly organized and convened meeting where a quorum is present can continue to do business as a quorum until adjournment, not withstanding the withdrawal of enough members to leave less than a quorum. If a quorum is present, the affirmative vote of the simple majority of the members represented at the meeting and entitled to vote on the subject matter shall be an act of the members unless the vote of a greater number is required by the Act, the Articles or specified elsewhere in these By laws. Article V. Direc~urs Section 1, General Powers and Standard of Care All Cor~rate powers shall be exercised by, or under the authority of the CEC. The business and affairs of the Corporation shall be managed under the direction of CEC, except as may be otherwise provided in the Actor the Articles. An Officer shall perform the Off'icer's duties in a manner the Officer reasonably believes to be in the best interest of the Corporation and with such care as an ordinary prudent arson in a like position would use under similar circumstances. in performing such Officer's duties, the Officer shall be entided to rely on information, opinions, reports or 2 • • statements, including financial statements and other financial data, in each case prepared or presented by: (a) One (1) or more officers or employees of the Corporation who the Officer reasonably believes td be reliable and competent in the matters presented; (b) Council, public accountants or other persons as to matters which the Officer reasonably believes to be within such person's professional or expert competence; or (c) A committee of the CF..C upon which such Officer does not serve, duly designated in accordance with a provision of these By Laws, as to matters within its designated authority, which committee the Officer reasonably believes to merit confidence. The Officer shall not be considered to be acting in goad faith if such Officer has lmowledge concerning the matter in question that would cause such reliance to be unwarranted. Section 2.0ffi~cer Co~icts of Inter~wt No contract or other transaction between the Corporation, one or more of its Officers, any other Corporation, firm, association or entity in which one or mtore of its directors or officers are financially interested, shall be either void or voidable if: (a) The fact of such relationship or interest is disclosed or known to the CEC or the committee and they authorize, approve or ratify the contract or transaction by a vote or written consent without counting the vote or consent of such interested Officers; or (b) The contractor transaction is fair and reasonable to the Corporation and the fact of such relationship or interest is fully and fairly disclosed or known to the Corporation. Se+ctiion 3. Compensation The Officers shall serve without compensation but reasonable expenses incurred may be reimbursed when expended for and in the interest of the Corporation and approved by the CEC in advance. Section 4. Loans to Directors The Corporation shall not lend money to, or use its credit to, assist its Officers. Section g. Liability of Oil~cers for Wrongful Distribution of Assets In addition to any other liabilities imposed by law upon the Officers of the Corporation, the Officers who vote for or assent to any distribution of assets other than in payment of 3 its debts shall be jointly and severally liable to the Corteration for the value of such assets. When the Corporation is insolvent or when such distribution cif assetts would render the Corporation insolvent, or during the liquidation of the Corporation without the payment and discharge of or malting provisions for all known debts, obligations and liabilities of the Corporation, the Officers who vote for, or assent to, any such distribution shall be jointly and severally liable for the value of such assets to the extent that such debts, obligations and liabilities of the Corporation are not thereafter paid and discharged. An Officer shall not be liable under this section if, in the exercise of ordinary care, such Officer relied upon, and acted in good faith upon, written financial statements of the Corporation represented to such Officer to be correct by the Chair or by the Officer of the Corporation having charge of ids books of account, or certified by an independent licensed or certified public accountant or firm of such accountants. Nor shall such Officer be so liable if, in the exercise of ordinary care and good faith, in determining the amount available for such distribution, such Officer considered the assets W be of their book value. An Officer shall not be liable under this section, if, in the exercise of ordinary care, such Officer acted in goad faith and in reliance upon the written opinion of an attorney for the Corporation. An Officer against whom a claim is asserted under this section, and who shall be held liable thereon, shall be entitled to contribution, in proportion to the amounts received by them respectively, from persons who accepted or received such distribution knowing such distribution to have been made in violation of this section, ,Article VI.OfC~icers Section 1. Number and Title The Corporation's Coalition Executive Council (CEC) shall the Chair, Chair-elect, Past- Chair, Secretary, Treasurer and such other officers as may be elected in accordance with the provisions of the Article. The same person may hold any two offices. Section Z. Election and Term of Office The Officers of the Corporation shall be elected at the annual meeting of the Coalition. If the election of officers can not be held at such meeting, such election shall ire held within 30 days of the annual meeting or as soon thereafter as possible. Officers shall hold office 4 until their successor is qualified and duly elected. Vacancies may be filled, or a new office created and filled, by the CF.C at any meeting of the Council. Section 3. Remount Whenever, in its judgement, the best interest of the Corporation would be served thereby, any Officer, elected or appointed, by the CEC may be removed by an affirmative vote of two-thirds (2/3) majority of the total Council. Section 4. Chair The Chair shall preside at all meetings of the CEC. Except in cases where the signing and execution thereof shall be expressly delegated to some other officer or agent of the Corporation, the Chair may sign with the Secretary, or any other proper Officer of the Corporation authorized by the CEC, any deed, mortgage, bond, contract or other instrument which the CEC has authorized to be executed. In general, the Chair shall perform all duties incident to the office of the Chair and other duties, which shall be prescribed by the CEC from time to time. Section 5. Chair-Elect & Past Chair In the absence of the Chair, or in the event of the Chair's inability or refusal to act, the Chair-Elect andlor Past-Chair shall perform the duties of the Chair. When so acting, he/she shall have all the powers of and l~ subject to all the restrictions urn the Chair. The Chair-Elect or Past-Chair shall perform other duties as from dme to time may be assigned by the Chair or the CEC. Section 6. Secretary The Secretary shall keep the permanent minutes of the meetings of the CEC, see that all notices are duly given in accordance with the provisions of these $y Laws, or as required by law; be custodian of the Corporate records and Corporate seal; keep a register of the names and post office address of each Cor~rate member; and, in general, perform al duties incident to the office of Secretary. He/she will also perform other duties as from dme to time may ln; assigned by the Chair or the CEC. Section 7. Treasarer The Treasurer shall have charge and custody of, and be responsible for, all funds and securities of the Corporation; the Treasurer shall assure that the bookkeeper receives and gives receipts for money due and payable to the Corporation from any source whatever; and deposit all monies in the name of the Corporation in such bank or other financial institution as shall be selected by the CEC; and in general, perform all duties incident to the office of Treasurer. He/she shall perform such other duties from time to 5 time as assigned by the CEC. The Treasurer with the appropriate standing committee prepares an annual Operating Budget showing income and expenses to be presented to the CEC for approval at the annual meeting. Periodic budget reviews will be presented to the Council upon demand Article VII. Committees Section 1. Executive Committee The Executive Committee shall consist of the elected Officers of the Corporation. Section Z. Other Standing Committees The CEC may establish such additional committees as are necessary and appropriate to carry out the business of the Corporation. Committees designed by the Council may be composed entirely of Officers, entirety of members of the Board or may include meml~rs from the community. The duties, responsibilities, authority and composition of aU standing committees and ad hoc committees shall be stated in writing and adopted by resolution of the CEC. All committee meml~rs shall serve until the annuals meeting following their appointment or until their successors have been appointed Article VII. Miscellaneous Section 1. Dues No membership dues shall be required for membership. However, the Finance Committee may solicit contributions as approved by the CEC. The private property of members of this Corporation shall nut be liable for the debts of the Corporation. Section Z. Indemnification The Corporation shall indemnify any Officer or former Officer of the Corporation against expenses actually and reasonably incurred by him/her in connection with the defense of any action, suit or proceeding, civil or criminal, in which he/she is made a party by reason of being or having been an Officer, except in relation to matters as to which he/she is adjudged in such action, suit or proceeding to be liable for gross negligence or misconduct in performance of duty to the Corporation. Section 3. Depositories All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, savings and loan associations, trust companies or other depositories as the CEC may elect. 6 Section 4. Contracts The CEC may authorize in writing any Officer(s) or agents(s) of the Corteration, in addition to the O>liicers authorized by the By Laws, to enter into any contract or execute and deliver any instrument in the name of and on ln;half of the Corporation. Such authority may be general or confined to specific instances. Section S. Cheeks, Drafts, Etc. All checks, drafts or orders for payment for money, notes or other evidence of indebtedness issued in the name of the Corporation shall be signed by such persons and in such manner as shall from time to time be determined by resolution of the CF.C. In the absence of such determination, the Treasurer shall sign such instrument or any other authorized Officer. All checks, drafts, etc. over $2~ must be signed by the Treasurer and one other member of the CEC as assigned by the Council. Section 6. Books and Records The Corporation shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members, CEC and committees having any of the authority of the CFrC. The Corporation shall keep a record giving the name and address of the members entitled to vote. All books and records of the Corporation may be inspected by any member or his agent or attorney or the general public for any proper purpose at any reasonable time. Section 7.Fiscal Year The fiscal year of the Corporation shall end on the last day of June of each year. Section S. Dissolu~ton A resolution to dissolve the Corporation shall ~ submitted by a simple majority vote of the CEC. In the event of dissolution of the Corporation, the CEC shall, after payment of all liabilities of the Corteration, dispose of the assets of the Corporation in such a manner or to such organizations organized and operating exclusively for charitable, educational, religious or scientific purposes. Such organizations shall at the time qualify for an exempt organization or organizations under Section 5018(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law) and which is organized for the purpose substantially similar to that of the Corporation. Section 9. Nondiscrimination This Corporation is an equal opportunity employer and shall make available its services without regards to race, creed, age, sex, color, ancestry or national origin. 7 v r~ Section 10. Political Activity The Corteration shall not in any way use Corporate funds in the furtherance of, nor engage in, any political activity for or against any candidate for public office. However, these By Laws shall not be construed to limit the right of any official or member of this Corporation to appear before any legislative committee to testify as to matters involving the Corporation. Section 11. Gifts The CEC may accept on behalf of the Corporation any contributions, gifts, bequests or devises for the general purposes or for any special purposes of the Corporation. All such items are the sole property of the Corporation. Section 12. Parliamentary Procedure All meetings of the CEC and committees shall be governed by "Robert's Rules of Order" (current edition) unless contrary procedures are established by the Articles of Incorporation, these By Laws or by special written resolution of the Board of Directors. Section 13. Loans No loans shall be contracted on behalf of the Corteration and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the CEC. Such authority may be general or confined to specific instances. Article IX. Amendments These By Laws may be altered, amended or repealed and a new set of By Laws adopted by a two-thirds (2/3) majority vote of the CEC. At least ten (10) days prior to such vote, a written notice setting forth the proposed action, with the time and place of the meeting, will be given to all elected Officers. Secretary's Certification This is to certify that the foregoing By Laws of the Mayor's Anti Drug Coalition have been duly adopted by the Coalition Executive Council (CEC) at a meeting held on Chair~~" Date signed /I/a-v 6,r~ Z.S''j ZB-~ .rt.P.u_..i~ Secretary ouc~ Date signed -T~L~,.~,G~... ~9, ~`~ s • • June 23, 2006 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT ITEM NO. S-K REQUEST Contract for Medical /Biomedical District with AspireOn 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings sha11 become properly of the City of Meridian. ~ ~ Economic Development City of Meridian Scope of Work I. Objectives A. Drive planning, coordination, and action elements forward for MedicaUBio-medical District execution. B. Provide direction, coordination, and input on marketing/promotions materials and plans for focused and aligned efforts between City, MDC, developers, and other identified parties of impact. II. Scope Elements A. MedicaUBio-medical District Initiatives Phase 1: • CoordinatioNdirection for information gathering, research, and outlining initial focus realities for developing a medicaUbiomedical economic distract (includes definition of district lifestyle aspects). (Identification of medicaUbio-medical will help with "story" for education.) Outline vision and coordinate buy-in, roles, and responsibilities (outline viability of core elements and establish ownership and buy-in from key players). Phase 2: • District promotional plan defined with appropriate marketing material~~ outlined to assist recruitment efforts. • Work with Economic Development Coordinator to facilitate meetings with Real Estate/Property Developers and existing Boise Valley medical community to explore needs, coordinate efforts, and continue to build suppor# network. Collaboratively work with City of Meridian Economic Development and Developers for targeted company recruitment list and guidelines both inside and outside Boise Valley (refine target lists for Economic Development Coordinator's recruitment efforts to identify a blend of uses -what is needed to be successful. (Includes coordination of University/education community, participatioNrelocation of current medical community, and anchor tenants.) Define the process for targeting the marketing recruitment of entities locally, regionally, and on nationwide basis. Work with Economic Development Coordinator to coordinate with higher education community to facilitate appropriate competency development to support economic district efforts. Timeframe for desired results is contingent on support and commitment from City, Developers, and other related parties. B. Marketing Support Provide ongoing directioNcoordination for marketing and promotions efforts to achieve defined objectives. III. Resource Commitment • Catalyst execution efforts for initial phases for this initiative not to exceed: 8 000 (The efiforts relate to time commitment to services to maintain momentum and take actions as outlined. Steps and allocation of time may be restricted according to budget allocation desired. This is the best gstimate of time commitment to move things forwara~ ASPIREON: DATED: ~~ ~ ~~ AspireOn: By: ,,-/ f Chief Storyteller CITY OF MERIDIAN: City of Meridian: DATED: 6'"2?..06 ~~,,,,,,~„~,,, ~~ ,* ~~, <, ,. ~jrrvvroG 6 ~ ~i~j G9w,,..c~,G.: - S~'a ~~ar~/e, /'~//'/f P1/JJIPa 111it\~~'~~,q~*,a ttl4il pretid2~ ~ 2 June 23, 2tJOb MERIDIAN CITY COUNCIL MEETING June 27, 2t~6 APPLICANT ITEM NO. S-L REQUEST Award of Sid /Approve Contract for the 2~6 Trunk Sewer project with Sommer Construction 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: Emaiied: Staff initials: Matteda~ presented at public meetings mad become property of ttte Ctly o~ Meridim~. '~' ~ ~r~ ~~N 2 2 2006 t~ity ®f RReridiar~ ~~aty clerk ®ff6~ Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 06/22/2006 Re: Proposed Agenda Item for June 27, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 27 City Council agenda, under Consent Agenda, for Council's consideration: 2006 Trunk Sewer Proiect. Three bids were received for this project as summarized below and detailed in the attached spreadsheet: Sommer Construction, Inc $4,280,855.85 Brown Construction, Inc $5,838,994.00 Bodiford Construction, Inc $6,434,067.57 The Project consists of construction of approximately 11,439 lineal feet of 36-inch PVC gravity sewer, 4,387 lineal feet of 21-inch PVC gravity sewer, 561 lineal feet of 10-inch PVC water main, asphalt and other surface repair, manholes, dewatering, storm water management, micro- tunneling, boring, trenching, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the 2006 Trunk Sewer Protect with Sommer Construction, Inc, Inc for $4,280,855.85 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 .. m 'o a 3 m ~ ~ a Y o c ° ~ ai ~ ~ F' o m o r' O N N ~O m c 'c ~.: m a d O 'o ;a a m ci c c o ~, ~ ~ 2 ~ X X X o o V ~ N d E O N tt C C O ~ ~j O r ~ ~ !C X 1C V a ~. ~° a 0 m c L ~ X x X Q o ~ ~r V ~ c ~ 0 m d C d s ` v ~ H 'a c p , d .p ~ ~ 7 c o v o E ' '° ~ v _ m ~. V m Q v m m C N a ` m o. ~ ~ ~v ` ~ -. a ~ ~ ~ ~m m o Q ~ m m m ~ v . °~ E o a a oC . v m o act 'm a a~ m i • June 23, 200b MERIDIAN CITY COUNCIL MEETING June 27, 2t~6 APPLICANT fTEM NO. S-M REQUEST Contract for Power and Radio Installafion at 6 PRV Sites with Lea E1ec#ric LLC 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 InfiaLS: Materials presented at pubec meef~gs shall become property of fhe City of Merman. • • (~ _ '~~ ~'~ ~~ JUN 2 2 200 ~ity+~f A9~ridia~ pity ~I~rk ®ff'sr_~ Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File Date: June 21, 2006 Re: Proposed Agenda Item for June 27, 2005 City Council Meeting The Public Works Department respectFully requests the following item be placed on the February 7 City Council agenda, under Consent Agenda, for Council's consideration: Power and Radio Installation at 6 PRV Sites: Three contractors evaluated construction plans for this project. Lea Electric, LLC Submitted the low bid of $53,381. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Lea Electric, LLC. for Power and Radio Installation at 6 PRV Sites for a cost of $53,381 and authorises the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 6/21/2006 To: WED 13:56 FAX 2088880390 Lea Electric City Of Meridian 660 E. Watertower Ste.200 Null Meridian Idaho 83642 898-5500 898-5500 6/21 /2006 Job Name: Location: Contact: Kyyie Radek This Proposal may be withdrawn if not accepted in days. 001/001 Lea Electric, LLC. hereby proposes to furnish and install materials and labor for the installation of electrical wiring for the sum of ********$53,381.00. Payment terms will be Progressive Monthly draws. S~ i~~ for Lea ~~ LLC. by Furnish and install (6} PRV Radio and power at locations specified in faxed plans dated 6/6/06. (SKE-1 through SKE-6) This price includes excavation. **************~:****:~**************~x*:~***~x***********~x*~x******:~****~x****:~*~x*********~ If this proposal is used as the basis for a subwntract the terms and conditions of AIA document A401 wi applicable unless otherwise agreed upon. **********~x*********************************:~********~x******~x***x~*******~:**********~ I hereby authorize Lea Electric, LLC. to proceed with this installation as outlined above and I will issue payment as per the terms of this agreement. Accepted By Date PROPOSAL(4946) June 23, 2006 • MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT ITEM NO. REQUEST Change Order No. 1 for the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Emalled: Staff Infials•. Mater~ls presented at public meetings shy become properly of the City of Meridian. ~-N Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Date: 6/21 /2006 Re: Proposed Agenda Item for June 27, 2006 City Council Meeting i ne ruouc woncs uepartment respectfully requests the following item be placed on the June 27 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for the Pine Interceptor Sewer /Ten Mile Sewer oroiect In our cont~nwng efforts to plan, construct, and maintain functional public works facilities and services in a manner that contributes to community prosperity, we foresaw that additional work was required for the completion of the Pine Interceptor Sewer /Ten Mile Sewer project. This change order consists of the following work and amounts to 10.26% of the construction contract: • Extend water main 1,200 LF south of Franklin Road on Ten Mile Road in preparation for ACHD widening of Ten Mile Road in 2006. • Place additional water services to properties along Ten Mile Road to provide easier future access for development. • Extend sewer and water stubs along Ten Mile Road beyond proposed ACHD right-of-way to provide easier future access for development. • Sewer connection to Pine Street Lift Station for future development. Bodiford Construction, Inc. submitted a cost for this change order as summarized below: • Bodiford Construction, Inc $ 178.843.25 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the Pine Interceptor Sewer / Ten Mile Sewer project with Bodiford Construction, Inc for $ 178.843.25 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Max Jensen Public Works Department 859-8731 • Page 1 . CHANGE ORDER NO. 1 • No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR BodrFord Construcfion Inc. Contract: Pine Interceptor Sewer /Ten Mile Sewer Project: Pme Interceptor Sewer /Ten Mile Sewer OWNER's Contract No. N/A ENGINEER's Contract No. N/A ENGINEER J-U-B You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: See Attached Spreadsheet for Item(s) and Descriptions. Reason for Change Order: Additional work required to provide easier future access to water and sewer services for development. This work was constructed with the anticipation of the ACHD Ten Mile Road widening in the fall of 2006: Attachments: (List documents supporting change): Spreadsheet from City of Meridian summarizing the changes that are incorporated into this change order. CHANGE IN CONTRACT PRICE: Original Contract Price $ 1,742,334.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 1 742 334.00 Net increase (decrease) of this Change Order: $ 178.843.25 Contract-Price with all approved Change Orders: 1.921.177.25 RECOMMENDED: /adr.FPTFn• //~ ~~ CHANGE IN CONTRACT TIMES: ~~ Original Contract Times: Substantial Completion: Mav 15.2006 Ready for final payment: June 1.2006 (days or dates) Net change from previous Change Orders No. 0 to No. 0: Substantial Completion: NA Ready for final payment: NA (days) Contract Times prior to this Change Order: Substantial Completion: NA Ready for final payment: NA (days or dates) Net increase (decrease) this Change Order: Substantial Completion: +44 Ready for final payment: +56 (days) Contract Times with all approved Change Orders: Substantial Completion: _ Julv 14.2006 Ready for final payment: Au4ust 1.2006 (days or dates) By: ~ ~ Max Jensen, Eng. Tech. Contra for ~' (~ ~ 2 n Date: Date: p Approved by City Council: - EJCDC 1910-&B (1996 Editicn} Prepared by the Engineers Joint Contract Documents Committee and endorsed Construction Specifiptions Institute. 'v ,; ~~~ z.:` ~ , j- ~`' Cl~c ~7~®6 by The Associat'~ 9~ ct A~~erica and the ,fr~~J1t19 9t4{1k~~+~Y~ CHANGE ORDER TABULATION Pine Interceptor Sewer /Ten Mile Sewer Contractor: Bodiford Construction, Inc. Project: Pine Interceptor Sewer /Ten Mile Sewer C.O. No.: 1 Proj. Est. Pricing Item No. Item Description Quant Units Unit Price - Total CHEDULE °A° Provide Joint Restraints at Ten Mile Creek Crossing #1, #2, #3 1 LS $2,396.25 $2,396.25 S CHEDULE "A" Tc~TAI $2 396 25 ..: Pro). Est. Pricing Item No. Item Description . Quant. Units Unit Price " - .Total SCHEDULE °B° Sanitary Sewer Manhole #23 {from Ten Mile Diversion project) - Type B (60") 1 ~ $9,700.00 $9,700.00 Gravity Sewer Pipe (PVC)(from Ten Mile Diversion project) - 21" 120 LF $162.00 ~.iiscellaneous Surtace Restoration Natural Ground) 522 LF $19,440.00 $4.00 $2,088.00 (Material only) Provide MH #1, MH #2, and 200 LF 18" sewer pipe. (Delivered to City of Meridian WWTP) 1 LS $20,273.00 $20,273.00 Credit for not installing the °material only° line item above, along with pavement credit for not having to pave the remaining 200 LF on Franklin Rd. 1 LS -$79,512.00 -$79,512.00 Sewer Pipe (PVC) - 8" 1) From Pine Street Lift Station to 23' SE of MH No. 2 2) Extensions to Ten Mile Rd (S. of Franklin) past ACHD ROW 55 LF 75 LF $112.00 $6,160.00 $112.00 $8,400.00 Sewer Connection to Pine St. Lift Station: includes core drilling, mechanical plugs at existing LS, sidewalk removal and repair, and all pertaining labor and materials to make connection. 1 LS $11,075.00 $11,075.00 Water Main Pipe PVC - 8" 487 LF $45.00 $21,915.00 Water Main Pi a PVC) -10" 60 LF $45.00 $2,700.00 Water Main Pi a (PVC - 12" 1158 LF $39.50 $45,741.00 Water Cross -12" x 8" 3 EA $1,600.00 $4,800.00 Water Tee -12" x 8" 3 EA $1,250.00 $3,750.00 Water Gate Valve - 8" 9 EA $1,200.00 $10,800.00 Water Gate Valve -10" 1 EA $1,400.00 $1,400.00 Water Gate Valve -12" Water Blowoff Assembl - 2" 5 EA 12 EA $1,600.00 $8,000.00 $1,600.00 $19,200.00 Water Blowoff Removal - 2" Water Main Hot Tap - 8" 1 EA 3 F~4 $500.00 $500.00 $1,650.00 $4,950.00 Water Main Hot Ta -10" 1 EA $1,650.00 $1,650.00 Water Main Connect to Existing -12" 1 EA $775.00 $775.00 Water Main NPWL Crossing 1 LS $3,200.00 $3,200.00 Surface Restoration -T e "P-1" 147 LF $40.00 $5,880.00 Surtace Restoration -T a "P-2" 1180 LF $35.00 $41,300.00 Additional ROW Permit Re wired For Water Installation 1 LS $2,262.00 $2,262.00 SCHEDULE TOTAL $176,447 GRAND TOTAL (SCHEDULE "A" AND "B") $178,843.25 CHANGE ORDER NO. 1 No. 1 DATE OF ISSUANCE EFFECTIVE DA' OWNER Citv of Meridian CONTRACTOR Bodiford Construction. Inc. Contract: Pine Interceator Sewer /Ten Mile Sewer Project: Pine Interce for Sewer /Ten Mile Sewer _ OWNER's Contract No. N/A ENGINEER's Contract No. N/A ENGINEER J-U-B You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: See Attached Spreadsheet for Item(s) and Descriptions. Reason for Change Order: Additional work required to provide easier future access to water and sewer services for development. This work was constructed with the anticipation of the ACHD Ten Mile Road widening in the fall of 2006. Attachments: (List documents supporting change): Spreadsheet from City of Meridian summarizing the changes that are incorporated into this change order. ~~ CHANGE IN CONTRACT PRICE: ~~ Original Contract Price $ 1,742.334.00 ~~ CHANGE IN CONTRACT TIMES: ~~ Original Contract Times: Substantial Completion: May 15.2006 Ready for final payment: June 1.2006 (days or dates) Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 1.742.334.00 Net increase (decrease) of this Change Order: 178.843.25 Contract Price with all approved Change Orders: $ 1.921.177.25 Net change from previous Change Orders No. 0 to No. 0: Substantial Completion: NA Ready for final payment: NA (days) Contract Times prior to this Change Order: Substantial Completion: NA Ready for final payment: NA (days or dates) Net increase (decrease) this Change Order: Substantial Completion: +44 Ready for final payment: +56 (days) Contract Times with all approved Change Orders: Substantial Completion: Julv 14.2006 Ready for final payment: August 1.2006 (days,gndattls~~• ~,,,, RECOMMENDED: CCEPT APPR ED~`~ ~• '•1aST: By: By. '; Max Jensen, Eng. Tech, for illiam Jr. Ci Clef(c Date: Date. ZZ C~ ~~ Gv°vi~c~ ~~ ,~?~O6 Date: Date: Approved by City Council: .~ EJCDC 1910-8-B (1996 Edition) ~; ~ 9~ ~ ti`p` Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associate~!ge to ot~terica and the .q~~ Construction Specifications Institute. °°,°°'rrsoot tttsot~ t a~ • ICJ CHANGE ORDER TABULATION Pine Interceptor Sewer /Ten Mlle Sewer Contractor: Bodlford Construction, Inc. Project: Pine Interceptor Sewer /Ten Mile Sewer C.O. No.: 1 Proj. E&t. _ Pricing Item No. Item Description Q~tant Units Unit Price Total CHEDULE °A° Provide Joint Restraints at Ten Mile Creek Crossing #1, #2, #3 1 LS $2,396.25 $2,396.25 S CHEDULE "A" TOTAI ~~ Boa ~~ Proj. Est. Pricing Item No. Item Description.- Quant Units Unit Price Total SCHEDULE °B° Sanitary Sewer Manhole #23 (from Ten Mile Diversion project) - Type B (60") 1 ~ $9,700.00 $9,700.00 Gravity Sewer Pipe (PVC)(from Ten Mile Diversion project) - 21" 120 LF $162.00 $19,440.00 Miscellaneous Surface Restoration (Natural Ground 522 LF $4.00 $2,088.00 (Material only) Provide MH #1, MH #2, and 200 LF 18" sewer pipe. (Delivered to City of Meridian WWTP) 1 LS $20,273.00 $20,273.00 Credit for not installing the °materia/ on/y° line Item above, along with pavement credit for not hav/ng fo pave the remaining 200 LF on Franklin Rd. 1 LS -$79,512.00 -$79,512.00 Sewer Pipe (PVC) - 8" 1) From Pine Street Lift Station to 23' SE of MH No. 2 2) Extensions to Ten Mile Rd (S. of Franklin) past ACHD ROW 55 LF 75 LF $112.00 $6,160.00 $112.00 $8,400.00 Sewer Connection to Pine St. Lift Station: includes core drilling, mechanical plugs at existing LS, sidewalk removal and repair, and all pertaining labor and materials to make connection. 1 LS $11,075.00 $11,075.00 Water Main Pi a PVC - 8" 487 LF $45.00 $21,915.00 Water Main Pi a PVC -10" 60 LF $45.00 $2,700.00 Water Main Pi a PVC -12" 1158 LF $39.50 $45,741.00 Water Cross -12° x 8" 3 EA $1,600.00 $4,800.00 Water Tee -12" x 8" 3 EA $1,250.00 $3,750.00 Water Gate Valve - 8" 9 EA $1,200.00 $10,800.00 Water Gate Valve -10" 1 EA $1,400.00 $1,400.00 Water Gate Valve -12" 5 EA $1,600.00 $8,000.00 Water Blowoff Assembl - 2" 12 EA $1,600.00 $19,200.00 Water Blowoff Removal - 2" 1 EA $500.00 $500.00 Water Main Hot Ta - 8" 3 EA $1,650.00 $4,950.00 Water Main Hot Ta -10" 1 EA $1,650.00 $1,650.00 Water Main Connect to Existin -12" 1 EA $775.00 $775.00 Water Main NPWL Crossing 1 LS $3,200.00 $3,200.00 Surtace Restoration -T e "P-1" Surface Restoration -T a "P-2" 147 LF 1180 LF $40.00 $5,880.00 $35.00 $41,300.00 Additional ROW Permit Required For Water Installation 1 LS $2,262.00 $2,262.00 SCHEDULE "B" TOTAL $176,447 GRAND TOTAL (SCHEDULE "A" AND "B") $1 June 23, 2~6 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT ITEM NO. S-O REQUEST Water Main Easement Agreement fcx The Reserve Subdivision by Jake Centers 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: Emailed: Date: Phone: Staff infials: Materiab presented at public meetinIIa sha8 become properly of the City of Meridian. • AOA COUIiTY RECORDER J. NAVARRO ASIOUNT .00 BOISE IDAHO 07fQ1i/06 003 PBI I I + + I + RECDRDEO-REQUEST OF III IIIIIIIIIIIIIIIIIIIIlI~I~~I~~ I~ ~I~ City of Meridian Publie Otorks 1 eta 1 ~E2c~E WATER. MAIN EASEMENT T1i:lS INDENTURE, Jnade this ;~- day of kh~2O„~( „between c.~o~ Ce~}~x-~ -h~ parties of the first part, and hereiJtaTler called the Grantors, and the City of Meridian, Ada Caunry, Idaho, the party of the second part, and hereinafter called tfte Grantee; W17TI NaSST'J'I~I: Wl-IEREAS, the Grantors desire to provide a water main right•-of--way across the premises end property ltereittafter particularly bounded and described; and W1~EREA5, the water main is to be provided for tltrouglt an underground pipeline to be copstJ~ueted by others; and W1]EREAS, it will be necessary to maintain, service and subsequentlyconttect tasaid pipeline from tune to time by the Grantee; Nt7W, Tl-IEREFORE, inconsideration of the benefits to be received by file Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- 4f--way for an easement for the construction, operation, mainlEnatace, repair, replacement of a water main aver and across the following described property: {SEE ATTACHED EXT-IlI3iT A and 13) The easement hereby granted is for the purpose ofconstruction aJtd operation of a water line and their allied faailities, together with their maintenance, additional connectiot thereto, repairand replacement at tha convenience of the Grantee, with the free right of access to such facilities at any and all times. Td 1-TA VE AND T41-IOLD, Ute said casement and right-of--way unto the said Grantee, it's successors anal assigns forever. 1T 1S EXPRESSLY UNDERSTOGD AND AGREI?,D, by and between the parties hereto, tl,~at after construction, making repairs, performing outer maintenance ar making subsequent connection to the water lino, Grantee shall restora the area of the easement and adjacent property to that existent prior to undertaking such constntciian, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or resroring anything placed within the ar@a described in this easement that was placed there in violation of this easement. THE C3RANTOItS hereby covenant and agree that they will not place or allow to be placed any permanent strttetures, trees, brush, or perennial shrubs or flowers within the area described far this casement, which would interfere with the use of'said easement; for the pur)~oses stated heroin. TI•lE GRAN'T'ORS )tereby covenant and agree with the Granieo that should arty part of rho right-oF way and easement hereby granted shall became part of, or lie within the boundaries of any public street, then, to such oxtent, such right-of,-way and easement hereby gantetl which lies within stictt boundary thereof or which is a part tltereaf, shall cease and become null and void attd a£rto further Water Main Easement IrAS1VIT WTI{ MAIN.doc • effect and shall be completely relinquished. 'I'T~TJ? t3RANTORS do hereby covenant with the Grantee that they are lawfully sei~d quid possessed of the aforementioned And described tract of land, and that they have a goad mid lawful right. to convey said easement, and that they will warrant and forever defend the title and quiet poss~sian tht:reaf against the lawful claims of all persons whomsoever. TN wTTN1:SS wl~lTT2EOr, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. dRANTOR: ~ ~ '~:~ President ~+~-I~e~--, STATE Op' TT3AH0 } ) ss County of Ada ) pn this ` a day of , ~ ~ ~ ~-- , 24 ~~ bafore me, tho undersi~n~ed, a Notary Public in and far said State, personally appeared ~1cx k ~ ~ev,~et~ and ~~~, kx-own or identified tv nie to be the ~ t id ~~retary, raspectiv~ly, of tha corporation that executed the within i~rstrument, and ac now edged to me that such corporation executed tho same. TN WITNESS WT-ITR>rOI+, I have hereunto set my hand and atyixed my ofT!'icial seal the day and year f i~~@~AY:~r:yvritten. ~~.~,4,~~,RTA R~ =.. ~• 4 f ~ ~ ~" A • ~S1~AQ,~ ~' Y ~...~ a - ~' AUBLIG •° e M~ ~~ ~~ ~~ O `,ti /` NOTARY PUBLIC C()R TDAIit7(~ Residing at 1M~; dl i a v~ 1 ~ ~ t"- a Commission Ea~pires: r / i Wator Main Rnsement 17.ASMT WTR MAtN.doc GEAN'I'EE: CITY OF MERiDiAN Attest by Wiitiam G. Berg, Approved t3y Ciry C4unci! On: {"t ~~~~ ~' ~ r,~ 0 ~~~~ r . i , 'y 'y' ~[A~~ '~'~r~~~f11111 1 t1t1~ liG~Gwt STATL or IUAIao, ) . ss. Colllliy b'~ AdA ~ ~ 7 ~ c~~1rtLU'L (.~~'~, Ci~'~,~.'itivl ~ an this ~_day of ~~ 24~ before me, the undersigned, A ~~-~~C~~~1VotAry Public in Rnd for said Stndo, persaaaliy Appetued Rn WI.LLtAM G. BCRG,~~ ~ JR., known to me to bo tha ~ and Ciiy Cierk, respectively, of the City of Meridian, Idaho, and who e ui t e wat in instrume~zt, and acknowledged to me that Q~c City of Meridian executed #t~e snme. IN WITNESS WI~IEREOF, t have hereunEo set my hand and affixed my official seal the day and year Iirgt Above written. (SEAL) u NOTARY PUBLIC TQR IUAkJO ~~ Residing at: '7Y1~ .I'i G1 Commission Expires:~, 1,~ rS ~~/ Water MRin t3,asement EASM'T' WTR MA1N.doc ~~ f~ a 't't~+r; r.:tirv~r rKq~tr, lNG. ~une 7, 2006 Project No. 2586 Legal l~escriprion c-7 DeveloJ~tnerit, r Lc Water Linc Easetnerlt 0.15 Acres Lxxt$xT uA" A twenty foot wide easement £or the putposc of construcl:fng, accessing;, and >,nau><taining water facilities situated in the Northeast One Quarter of Section 30, xovnship 4 North, Range 1 -East, Baise Meridian, city of Mcradian, ,Ada County, Xdaho, dcscxibed as follows: Com,tnetxcing at a found brass cap rnonument:it~g the Noti'.Izease Corner of said Section 30, thence fr~llowi»g tlzc easkerly line of said Sectir~n 30, South 00°37'59" West a distance of 1328.39 feet to a 5/8-inch steel pity; T`heilce leaving said easterly Jtt~e, Naxth 89°49'06" West a disratice of 1x55.96 feet to a poitu; ''hence South UU°38'00" West a distance of 158.40 fceC to the Pp1NT p>~ l3EGiNNI.NCr of a twenty fcwt wide water line easement, said easetent being ten feet on each side: of fire following described centerlia~e, 1'hencc North 89°22'00" WeSr a distance of 167.OU feet to a point; Thence North 00°38'UU" East a distance of 157.09 feet to tlie'T7,RMlNUS of said water line easet~aen,t. 'l"1ae above-described water line easement coutait~s O.l S acres, more or less, subject to all existing easennents and rights-of--way.. Attached l'~€ereta is Exhibit "l3" atad by this reference is made a part liereaf. ~~~~~~ ~~~~,,,1,, Prepared ley: TH>~ LAND GROUP, lCNC. 462 E. Shore I?rive, S>aite 700 ] :agle, Tdaho 8,361G 208-939-~4U41 20$-939-4445 (CA1~ ""`~P ~~° ~ s~'8,p. ~r~~ ~~ ~,~ '~ a ~115r75~ ~ dig °~ ~ ~l3 LEM S': (r j'.-1,,'i{t111j?:; ! 1 /1rlt~+'i ~/!4' .f}tY1r/?taYAyi~ gi (.ft:'f fzlJS(.tt,r/711{+ O {,p/~ (,,q;tr~s x1'1 ?Ralllll, :i.~' ~gr~1:~4VY(;~ 9 i f'rtf /y' { it/J;+,;IIrN..ti~£J1 yIf ®,S~%/l ;~f°}+.':;. •i{i? i'.:il~+,rc J:h•iv<•, ~le~. I+'N). }:sa~,tc. ldaiae+rt3C~~{i m 1' ~t)~.`.7.':'t.A11~1 ['~ ~t)$7.','.7.•€•liy a k~~•~4.tiu•i:q?~I~;lal.tititlc•.t~r.;tji \:'; I'r~trats ; l a•nirr!,'•,~3~;1's'•• :1,~Imin'; I,,;a~ri:~`;I ,e;~,il-.{tti{1{,€T(~rrtil ~: rv,~,~.;tiiU.r€•~r 20 29 .~- 19 3~ ~~~ ~~ _~ chi a~ 5007'59"W 132&3~' N. 1.©CUST GROVE ROAD ~,,,.,, FOUND 5/8-INCH ~ .` ~ .~._.._....~. ...... _._....,.~, STEEL PIN FOUND BRASS CAP NE CORNCR SECTION 30 PER CP&F Na. 10105263fi PROPOSED R~sERVE ~ SUBDIVISION a WESTBOROUGhI SUBpIVISION POINT OF BEtlNNING 500~8'~"W 1540' 20.00' .~ B s k Y° POINT OF TERMINUS I- ~~ ~~ JAKE CENTERS UNPLATTEp 20' wlaE WATER UIVE EASEMENT 20.00' {HATCHED) ENGINEER/SURVEYOR PROJECT INFORMATION SCALL:1°~50' `*\ //,rr~ 'I~IB LAND (SUP. 1~,' 08/U812Q06 ~~-M. ~e~ HE RESERVE SUBDIVISION str. PROJl;C7' N0.2588 ~~n °~ WATER LINE EASEMENT ~,- ~~a~ EXhfIBIT'~B'~ ~ d~ ~ ~..ri *~"01~; .reel ao~'s~-i ar ~l its-pus j s ~, June 23, 2~6 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT ITEM NO. S-P REQUEST Water Main Easement Agreement for The Reserve Subdivision by Meridian Joint School District No. 2 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: EmaTled: Staff InitTats: Materlais presented at pubBc meefiings stt,~ become property of the City ~ Meru. • ADA COUNTY RECORDER J. ~p ~vARRO AMOUt`rr .00 5 BOISE IDAHO 08121x106 02: 1 Df:PIITY PaiO Thompson I'I I'II"I'I~~I~IIIIIIII'I~III'I~~,I~ RECORDED -REQUEST OF i ~6 i ~gaf 196 Cfi~ of fVletidian WATER NCAXN EASE~T TI-IIS INDENTURE, made this W day oF~ ,,, 2~Q,bvtween`~~~~~'~,~~~~~tiic parties of the first part, and hereina~er called the~Cirantors, and the C:lty Qf Moridian, Ada County, Idaho, the pally of the second part, and hereinafter called the Grnntee; WITNESSETI-I: WHERT:AS, the Grantors desire to provide a water main right-of way across the premises and property hereinafter particularly bounded and described; and WI~I.ERI3AS, the water main is to be provided For through an undergromrd pipeline to be constructed by others; and WI~IEREAS, it will be necessary to maatiain, service and subsequently connect to said pipeline from time to time by the Grantee; N()W, THEREI:ORE, in consideration of the benefits to be received by the Grantors, and other good and valuable considerotyon, the Grantors do hereby give, grant and convey unto the Grantee the right= of--way for an easement for the constnrction, operation, maintenance, repair, replacement of a water main over and across the following described property: (5EE ATTACI~IEU EXI•I,ialT A and 13) The easement hereby granted is for the purpose ofconstruction mad operation of a water line and their allied facilities, together with their maintenance, additional connection Hereto, repair and replacement at the convenience of the Grantee, with the fee right of access to such facilities at at~y and all times. TQ I-IA VE AND'TO HOLD, the said ensemcnt and right-of-way unto the said Gr~uttee, it's successors and assigns forever. 1.T 1S EXI'RESSGY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other tnaintenanee or making subsequenfi connection to the ureter lino, Grantee sliall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. I lawover, Grantee sha11 not be responsible for repairing, replacing ar restoring anything placed within the area described in this easement that was placed there in violation of this easement. TI-II; GRANTORS hereby covenant and agree tfiat they will not place or allow to be placed any permanent structures, trues, brush, or peronnial shrubs or flowers within tlt~s area described for this easement, which would inturfare with the use ofsaid easement, for the purposes stated herein. 'I'I-lE GRANTORS hereby covenant and ague with the Grantee that should Luny pan of the right-of- way and eascmment hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of way and easement hereby granted which lies wiiltin such boundary tltisreafor which is a part thereof, shall cease and become null and void mad of no further Water Main T?asc~nent IiASMT W7R MAIN.doc CJ effect and shall be completely relinquished. l~ TH>; GRANTORS do hereby covenant with the tarantee that they arc lawfully seizui and possessed of the Aforementioned and described tract• of land, and that they have a good and lawful right to convoy said casement, and that they wiU warrant ru-d forever defend the title and quiet poss~ion ther4of' agairtst the lawful claims of all persons whomsoever. IN WI'I NRSS Wi-1>;RSOI~, the said parties oi'the (first part have hereunto subscribed their signatures the day and year Ctrst herein above written. GRANTpR: i t~cdcs~%t STATE OP InAHC} ) ss County of Ada } On this ~ day of ~w~ , 20 ~ before roe, the undcrsigt~ed, a Notary Public in and for said State, personally appeared ~, lam. ~ yLatu. C'~a.~le~, and known ar identit-ied to me !o be the ~residen a~:ively, of the corporation that executed the within instn~~nent, and ackn~~~~~~ t~i , ~ch corporation executed the same. IN WITNESS WHEREOF, I have hereunto sei nay hand and affixed my official seal the day Rnd year fist above written. ~~~~~' to A. ~G ~~.i 'cam ~,oTrt,Rr * ~+~ jpi~-81.1G i O. +,~~'aT'~' OF 1p~~`~r ~,~,. a.~... NO"fARY A DLIC I'OR lDAlaO Residing at Commission 1,xpires: ~ ~ -®q Water Main Ea~ment ~ EASMT WTIi MAIN.doc • •. GRANTCE: CITY Or MERIDIAN t tt~~~~~s! a lrlllll~ ~~ r • Attest by William G• Berg, y C erk ~ ~ ~~ Approved By City Council On: '~ ~ ~~~°~ T~ • !y,''~~l~lllilli llttilttt~~~,`~ STATE OF IDAHO, } . ss. County of Ada On this _ ~~L._day of , 2pQ~'b~fore me, the undersigned, n 'Notary Pu61ic In and far said StAte, persanalt appeared TAMMY DB WEERD and WILLIAM G. BCRG, JR., lrnown to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and wha executed the within instrument, and acknowledged to me that the City of Meridian executed tho same. IN WITNESS WIiEREOT, I !rave hereunto set my ha~id and affixed my official seal the day and year first above written. {SEAL} NOTARY I'U>~I.IC I:OR pAHU Residing at: ~ , ~~ -y---~- Crnntnission EJ-pires: ,,,,^ I/~~,~ (( Waicr Main Easement EASMT WTR MAIN.doc 20 129 - -,~ 30 ~~ ~I a~ g .~ SOp",J~7'S9"W 132&39`.,, N. LOCUST GROVE ROAD --- ___, ~,,.. FOUND 5/S-INCH ~ ~ ~ - ST~EI. PfN FOUND BRASS CAP NE CORNER SEC110N 30 PER CP&F No. 1010$2636 PRQPOSEp RESERVE SUBDIVISION III WESTBOROUGH ~ I I SUBDIVISION ~ I I I III I ~ f III JAKE CENTERS I I I UNPI.ATTED I I I 111 III N40'38'o0"E I 1 I 30.00' ~ I ~ POINT OF POINT OF I ~ TERMINUS ~ BE{~NNING I I ~ r yy _. ~ , .._ ~ ..._ _, ..... ~ 20' WIDE WATER 20.00' UNE EASEMENT (HATCHED) ~ GNt3lNEER/SURVEYOR PROJECT INFORMATION SCALE:1"~50' '~~ ~'"'~ ~'~''°`~ THE RESERVE SUBDIVISIUN °~"~°°~ r ~~+~«~~+ PROJECT Nb. 2586 ~,~ ~~ WATER LINE EASEMENT ~ ~''` ~ ~ ~~; ~,~ EXHIBIT "B" 1 t~ F 1 Sri ~„' toe.."..,~...~. ~ r~ ~~ ~~ ~~~~ ~~ ~'~ ~~~ •~.~ ~~ Juttc 7, 2ppG ltraject ~No. 258G .L.egal Description Meridian Scltaol L7isrxict Water Line F..aset»ettk 600 Square F'ece Ex><•;IHIT KA" ,~1, nventy foot wide casement fQC the ~ur~ose of consttuctyn$, accessiutg, and t~;iaintaittiat$ water facilities lacatccl in Lot 7, I31ack 1 of Westborauglt S~tlxlivision (a recorded subdivisiran otx file iat I3vok $7 c)f ],Tats at ~a$es 9884 rJtraugh 98$li inclusive, records of. ~1da Counh~, Idaho), described as fallnws: Gatttatencing at a found brass cad monutnenting the Northeast Corner of 5ectiUn 3p, thence folla~ving ilte ~skerly lute of said Section. 3p, Sotath p0°37`59" West a distance of 132$ .39 feet to a 5/$-ia>cl~ steel lyin, Thence leaviukg said ¢asterly line, North 139°49'pfi" West a distance of $22.9G feet r.4 the PQI.N'I' C7F BEGINNING of a hvettty foot wide tearer line cascrneut, said easerctcnt being ten feet on caclt side o£ the fOllowiAg dcscrtbed ce~tket:linc. 'T'hence North 00°38'00" l s,st a ciistancc; of 3p.Op fC(:t to the 'I"ERIVIINllS Uf said water line easetnent. The above-dcsct7bcd water lure easement contains 6p0 square feet, mare or less, subject to all existing easements axta .righks-af--way. Attached hereko is 1=;xhilait "I3" and by flue re£cxence is made a dart ItereoE C~~~d PrelrarEd iiy: ' THR LAND GRgUP~ INC. 462 E. Share Rave, Stute 10p 1~~g1G, rdtl~~ $3~1~ 2p$-939-4041 2p8-939-44x15 (lati~ ,~G~~i~~ ,11575 8 L'~ v _C'ti~ )~%tnrtttn; a 1.,•tttrl.~r•.•t~v ••!nhttr;[,n:~ e ! :i;a~,•' yttt;,%tt,•,•i5u~ o ("~nl('t::rtrrir art ~ ~lrnn 4'r' Itt~ttn.•.~t?ttti a l;~rr frl~ir!:.i+r.•,•rlt:u;t.i7JS91t A.S~F7r71~'~f;tt+ .I;c<? i,s. ~hr7t:~ 1:?t7rc, :etc. I+:~?, 1:::+c;le. 111:+1+x, x;t,?,; r J' -'.!-~.;).;'3.4+x9 i 1~~ M~1]S.~?.;`).4 1°'I l 11 LL°;L'~t'.PI11!l;en~l?.•+•r,t,)~inc:.<:<77+~ {:1?'t"~~{t'ci.~,i;~•itSYT:;1?4R1i~1:~,191177~.~,[•c;-i?sR,t.C'•lhQ(,t(1Gf,1{i~.IeY1:I1.U7.`9CI7M9r~}iFtflt'(,_w5$(i.~.I~iC R WATER MAIN EASEMENT • THIS INDENTURE, €nade this ~~ day of r)kh~20~„between , c~G~~ Cev. ~-~ :1.€e parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; W 1'I`N i~SSE'I I•I: WTf.EREAS, the Gra€:tors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water €nain is to be provided for ti€rough an underground pipeline to be constn€eted by others; and WI IEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline fro€n time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and ether good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of--way for an easement far the construction, operation, mainte€tanee, repair, replacement of a water main over and across the following described property: {SEE ATTACHED I~XI-1T13IT A and 13} The easement hereby granted is for the purpose nfconstruction and operation of a water fine and their allied facilities, together with their maintenF€€tce, additional connection thereto, repair an<l replace€ne€tt at the convenience of the Gra€ttee, with the free right of access b such facilities at any and all times. TO 1-IAVE AND TO HOLD, tltc said casement and rig!€t-of way unto the s~~id Grantee, it's successors anal assigns forever. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the patsies hereto, that oiler constn€ction, maEci€tg repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the ease€nent and adjacent property to that existent prior to undertaking such constn€ction, repairs and mainten€uice. Ho~.vever, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed t]~ere in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any pertnancnt structures, trees, brush, or pere€anial shn€bs or flowers within the area described far this easement, which would interfere with the use ofsaid easement, for the purposes stated herein. TI•lE GRAN'T'ORS hereby covenant and agree with the Grantee that should any part of the right-af way and easement hereby granted shall become part of, or [ie within the boundaries of any public street, then, to such extent, such right-of way and easement hereby granted which lies within such boundary thereafor which is a part thereof, shat! cease and become null and void and of no further Water Main Easement CASMT WTIt MATN.dac effect and shalt be cantpletcty re[inyuished. TI-l~' GRANTt}RS do hereby covenant with the Grantee that they are lawfully seized acid possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant anti forever defend the title atzd quiet possession tlicrcaf against the lawful claims of all persons whotusoever. IN WITNESS WI-tT:REOT', the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN'T'OR: ~~ ~~ ~' President ~~P i~e~ ) STATE OF IDAHO } } ss County of A.da ) On this ~..~. day of ~ ~ ~ ~-- , 20 ©tg before me, the undersigned, a Notary Public in and far s<~tid State, personalty appeared 1~~,~C..,~v~-~-r'~ and --- 1~-, known or identified to me to be the ~ t and fly, respectively, of the corpora#ion that executed the within instrument, and ac now edged to me that such corf~oratian executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my oiTicial seat the day and year fist ~f,~y~,wriiten. ~`„ G'-'Y Gi. ~S~Q,~ARY e NOTARY T'UT3T.,IG FOR IDAH Residing at 1nn~; of i ~ v. Ina: ~°UBLiG ~ Comrnissian F xpires: ~~f ~. c~ t t ,,~~~rrrrr+s:eeetta Water Mnin I:asemeni rASMT WTR MAtN.doc • GRAN'T'EE: CITY Or MEItIQIAN ~~•iuiuitri~ , t S~Gfil2 ~!'~~ fI (~~Ii h' fr ~' a' ''; ~~, Attest by William G. Berg, ty C eta ~ Approved I3y City Catcttci! On:. -_b ~' ~~' ~ .~.., ~~f0-t9t914i1Y1i4~A STATE: Oh` IUAI-TO, . ss. County of Ada ) 7 ,~~ 6 `~Ziu•vl ~, On this ~~day of L~'+-Q ,,,~, 20® before me, the undersigned, a ~~~~~~~Natary Public in and for said State, personally appeared .. ., and WII..LIAM G. }BERG, ~ JR., known fio the to be the ~,a~+er and City Clerk, respectively, of the City of Meridian, Tdaho, acrd who " e~,e uted tlt~ wttntn tnstrument, and acknowledged to me that the City of Meridian executed the same. TN WTTNT:SS WI-TER>;OF, I have hereunto set my hand and affixed my official seal the day attci year first above written. ~'ha,M~,: ~- (SEAL) NOTARY PUBLIC rOR II?AT~IO ~~( Residing at: ~„~~ c.~ Commission Expires: ~ ~~ l/ Water Main Easement EASM'I' WTIt. MAIN.doc June 7, 200C} Project No. 2586 Legal 17escrlpnon C-7 L7eveloptncnt, l:,l:,C: Water Line rasetnez~t 0.15 Acres Exxlisl<'r "A" A twenty £aot wide casct)~ent £or the purpose o£ col~structing, accessing, and tr,aintait)iz)g ~vatex Facilities situated in the Northeast C+z~e (~uarte;r of. Sectiot) 30, ~'o~vlxshil) ,}North, Range 1 I~,ast, T3oisc Meridian, City a£ Mcriclian,llcla county, Idaho, described as follows: Cominencuig at. a Found 1)rass cap txtonutnetztaz)g t]zc Nortlicast Cort~ter o£ said Scctiott 30, thence Following the easterly line of said Section 30, South. 00°37'59" West: a distance o£ 1328.39 feet to a 5/8-inch steel pif~; 'I`laence leaving said easterly li1~e, North 89°49'{}6" West a distance of 655.96 Fcet to a point; `T'hence South 00°38'00" West a distance of 158.40 Feet to the POINT' Cdr I3I~.GiNNI.NG o£ a twenty Foot wide water line easetrtent, said easezncnt being Cct) Feet on each side of the Following described centerline. Thence North 89°22'00" Wcst a distance of 167.Oq Feet to a l~iczt.; Tlicnce North 00°38'00" East. a d.istatace of 157.09 Feet to the 'T'I:?RMINLIS o£ said water line eascmen.t. 'I"l~e above-described water laic easezncnt contains 0.15 acres, t~nore or less, subject to all e.cisting easements and rights-oE way.. Attachccl hereto is Exhibit "I3" and by this rcFercnce is 1)~adc a part: hcrco£. Prepared 13y: THE LAND GRUUP, INC. 462 i . Shore I3tive, Suite 100 laagic, Idaho 836'l6 208-939-4041 208-939••44A•5 (l~A~~ ~~ off" LA~rb ~~~'~~GtSfi~~p~~G~A 11.57`) o ~+ ~-~,~ 0~ tq'~ ~~'NIS L~1$ ~ ACp-p"? `~~' S';jr !'':141:;atr;' ~ 1 A!t!r/•Y/Jf'i , )r)'ju ra,'irJ'r e (: er Jr l:f; pdJt,'r rit.' o (,~Ul,' (..,T.mis• rFY %u:Ffli+$ «.~ f'li 4fl;,i't.Xfr ~ i.. )it~:/Ir..' (i1t;1:;~t;tri, ilil+}U E?.S~:niq'~/ti.? €()? 1~:. €zirt•2~ €~)t~iri•, Rtr. €fN). €..:tt;€e, €i€x€)c+ x36€(; m l' ,{}~,.7'•2).~itjrll €` :'t)YS.'1.3~t.'€~ €'ij e ~v~~•~~.tix•€:tnti;*1C5U€)i.]'tC.CCi7.31 :ti:',€'t~~',tt•itr.;:( •currs•,,~.:5iti~.:ldtt7in•;is')tFri.~`•.l.ci;al...ftt;!3{r(Kn-~•gt,tr~~....<`+$tsl•'rC 20 29 SOO'37'89"W 1328.39' ___ N. LOCUST GROVE ROAD __ 19 3Q f -- ~ ~ ....._ .._.... . ~ EOUND 5/8-INCFI o .._ .. .. STEEL PIN .. ~..... .. . ~ I FOUNa BRASS CAP ~ NE CORNER SECTION 30 m ~ PER CP&F No. 1O105Z636 al i `~ ~ ~ ~ ~ PROPOSEa 171ts1=~~ suaalvlslON ~d z POINT OF WESTBOROUGM BEGINNING SUBDIVISION _~~ ~~~ ~J ~,~ ,~ ~. ., ~; ~~ ~.~ 00' ---I; ~~~~~-- 20 . i ~.1~; ~ . ~1 ~ ~ 1., a\~ JAKE cl<NT>=RS ~~,~;~ UNPLATTED ~'~~ `~~ ~:~ ; ~. ~ I~~ ~;~;; ~~,~,~• ( ~;! ~~; !; ~~~~~~ ; I ~, ~ 20' WIaE WATER - ~ ~. ~ ,~ UNE EASEMENT ~,~~1 ~ I POINT OF TERMINUS ~;;~~•; {HATCHEa) ` ` ~ 20.00' I:~;;; ,tip ;~,;,;; ~* J1 fit., ..?:~,~1..~~xa.\"~.':+y;~~1y\ ``'\' `~ti•~•\ ENGENEERlSURVEYOR PROJECT INFC~'iMATIQN SCALE"-:1'~5a' ~,.~ ~,~,,,,•, THB YAND QRQ-UP. INS ~ osraarzoas „!~ ,~ ,,. ,~ Landaaap• Anhifmfan TH E RESERVE SUBQIVISION ~ surf •~re ~"' P~""~ag PRC}JECT Np, 2586 Co{/ Conrsa lrt~Fgalion R dhyfarMng UV ATER LINE EASEMENT ~ ~~ toatien f ~` ~ !1 1! EXH IBIT B ~ U F ~I ~~.:~ y ~ . p~~ ~ ~, ~,~..,.. ~ • WATER MAIN EASEMENT TFIIS INDENTURE, made this day of ~., 20~between , the parties of the first part, and ltcreinafter called the Grantors, and the City of Meridian, Ada County, Idaho, tl:e party of the seeand part, and hereinafter called the Grantee; WI'I'NI~SSETH: WHEREAS, the Grantors desire to provide a orator main right-of way across ttte premises attd property hereinafter particularly bounded and described; and Wf-I.ERT~AS, 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 iime by the Grantee; NOW, THEREFORE, in consideration of the benefits to be ~~eceived by the Grantors, a~td other goad and valuable consideration, tlteGrantors do lterebygive, grant and convey unto the Grantee the right- af--way for an easement for the construction, operation, maintenance, repair, replacement ofa water maim over and across the following described property: (SEE ATTACI-lED EXIiIAIT A and F~) The easement hereby granted is for the purpose afconstruction and operation ofa Water line and their allied faCJllties, together Witli tltelr rtlfllntenarlce, additiaital Canneetion therCto, repair and replaCentent at the convenience of the Grantee, with the free righ! of access to such facilities at any and ail times. TO HAVE AND'i'O I-IOI,D, 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, tltitt after construction, making repairs, performing other maintenance or making subsequent connection to fire water line, Grantee shall restore the area of the easement and adjacent properly to that existent prior to underta[cing such construction, repairs artd maintenance. Ilo~vever, 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. TIDE GRANTORS hereby covenant and agree that they will not place or agoW to be placed any pertnartent sUuctures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use afsaid easement, for the purposes stated herein. 't°I-lE GItAN'I"ORS hereby eovetiant and agree with fhe Grantee that should any part of the right-af- way and easement hereby granted shall became part of, or lie within the boundaries of any public street, than, to such extent, such right-or Way artd easement hereby granted which ties within such boundary thereof or which is a part thereof, shall cease and become null and void and ofna further Water M.aln Easement EASMT WTR MAIN.doc • effect and shad be camplete[y retingttished. TI-IF GRANTORS do hereby covenant with tits Grantee that they are lawfully seized and passcssed of tltc aforementioned and described tract of land, cad that they have a goad acrd lawful r•i~;ht to convey said easement, and that they wip warrant and farevcr defend the title and quiet possession thereai' agttirtst the tawfut claims ai'atl persarts wltotttsoever. IN W l'1"NESS WHEREOt±, the said parties o1'ttte first part have hereunto subscribes! their signatures ttte day and year first herein above written. GRANTOR; St,r.,p~,trd STATE OF II~AI-IO } } ss C:aunty of Ada } Ort this „~,~'~% day of ~µk.c- , 20 ~, before rnc, the undersigned, a Natary Public in acrd far said State, personatly appeared LlnoEa- L''r6r,~..rl` and known or identified to ttte to be the ~resideni, .'~ may, of the corporation that executed the within instrtttnent, ansl ackn~~~?sn1 r ~ch corporation executed the same. 1N WITNESS WI IFREOF,1 have hereunto set ttty hand and affixed my offioial seal the day acrd year fist above written. ''~~~~ ~' 1A A. DL~.,I, a ~ora~~. ~y, * a.f,r pUB LtG • ~~ ,~~~'oT~ OF IU A.~•'~ ~ Cr.(~- ~ . NOTARY P 131,.IC p'OR II~AI10 Residing at ` Commissianlxpires:~ 3-~ -89 Water Main EASetnent EASMT W1R MAIN.doc • GRANTEE: CITY 4F MER.IDIAN ~y^ r \ b~ ~~? ' P ~ ~5:~:: n.~ ~. Attest by William G. Berg, C erk -~ ;' ~• Approved By City Council On: V''' 2 7''~~ % `~~ ~~~ ~~ .,~ ~,.~ STATE 4F IDAI-IO, } . ss. County of Ada ; On this _~day of ~______.........., 2p~~Obefore me, the undersi~,ned, a Notary Public in and for said State, personae appearec) TAMMY DE WEERD and WIi LIAM G.I3ERG, JR., known to the to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and w}to executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WNEREOri', I have hereunto set my hand and affixed my official seat the day and year first above writfien. ~1~~~f~ {SEAL} : • , p~ARI' ~~ ~ r r ~ s NU'TARY PUBLIC FQR DAHO Residing a1• yyl'je ~jr~ , ~g' Carntnission Expires:~~,~ ~ ~.. Water Main Easement EASMT WTIZ MAIN.dac 2C} 29 ._ ~ 9 30 ~~ ~~ m~ o~ z ~I ~I ., 20.00' ~ ~~.-~. c~ c ~ ` ~ :~' soa~rss'w ~3zs.3s~ FOUND BRASS CAR NE CORNER SECTaON 30 PER CP&F No. 101052636 WESTt30R0UGN SUBDIVISION N00'38b0"E 30.00' POINT OF TERMINUS ~ PROPOSED RESERVE suBDIVISION III III f1I I i I I JAKE CENTERS ( I I UNPLATTED I ( I ICI ICI ~~I .I ~ i POINT OF I ( I BEGINNING I ~ 1 yy .r ..._ _ -.. ~ yy - --. -- - ~ ( zo~ WIDE WATER • LINE EASEMENT (HATCHEQ} [NGINEEWSURVEYOR PROJECT IAIF~RMATIQN Brow.. ~" `~'°~' "~ THE RESERVE SUBDIVISION `~'~~ •°~~ WATER LINE EASEMENT ~'~ ars EXHIBIT "Bfl _ N. LacusT c~ovE Raa® ~ FouND 5/8-INCy STEEL RIN SCALE_1°=50' t~~rosrzaas }ROJECT N0.258f~ .. _~___ 1 dF 1 Jutxc 7, 2{}06 Project Nc). 2586 l;,egal Description Mcriclian Scl.~aol T7ist:rict Water 1 ilxe l~sasetncnt t00 Square Iteet JEXHII~IT ~A" A t~vcnty fUUt ~V1ClC'. C:iSC?nlC[xt ant tL]C ~It.CP()SC pECUtlStx11Ct711~*, accessing, atlc3 nlaintailx.ilx~ water faci(itics located i1x T.ot 7, I3(ock ] Uf WCSi:I)()roug(1 S11bCliVtsioil (a rCCOrdcCl suladiVisiott o1x file itl T3ooLc $7 of Plats at pages 9$84 tlxraugh 9$$G inclusive, records of. ~1cla County, Idaho), dcscz~bed as follows: Coznn~encing at a found brass cap tnolxulnenci.llg the Northeast Corner of Sectxo1130, tlxelxce following the easterly lizle pf said Section 30, SoLItLl 00°37'59" West a distance of 132$.39 feet to a 5/$-itxc(1 steel pi11, 'T`hence leaving said easterly line, Nortlx $9°49'UC" West a distance of $22.9( feet: tea the PQI.NT C-F l;I:;GINNING of a t~verxty foot wide water line easement., said easczncnt bcin,g ten feet on eaclx side a£ the following described centel:Linc.. 'T'hence lvorth 00°3$'00" l'?ast a CltstatlCC of 30.0(} feet to the "I"IRMINUS of said WatCr 11z1C C:1sclriefx.t. Tlxe abOVC-CLCSCtYbCCI water l1zxC easC271Cnt Coflta111s GOO SgUarc >FCCt, xriol'e Ur IeSS, SxlblcCt to all existilxg easements azld ri~(xrs-o£--way. Attached hereto is i?xliibit "I3" and Lay this reference is zxxadc a part Lxereof. Prepared I3 : ~ ` Ct~~~~''~ 'I`HE LAND GROUP, INC. 4C2 E. Shore Drive, Stlitc 100 l?agle, Idalxa $3GlG 20$-939-401 20$-939-445 (liA~s'} ~~~~~tST~~~d +P ~~t4' ~~ l,4$ ems ~~ 6- ~ • 0 7.-e~~ C'fir 1?i:rtrutt{a_ ®!.•tt„•t,~r~ffr .~t~~~/i:,r~lrm~ ®r ~;~/ I'~~{;~:ir,~,~r:~r,; o C;ol( /:.r~~r;rr ls~;,t~l,>~r s?"~ ~<i,oiiJ.:'YFlt? =r f.:ri~~~/s,,• t..%~.;r,•,?;~i~i,;rJrerr ~.S';n;~<~;i.~;, iri;'.. f.. '~hc>r,: I:)Cic•t•, ~te~. Irl[t I:;t>Ic', 1~i:tfs~, i;'a4ii, ~ 1' r?>i.4;').4s~ { i is ii~i.`).i~1,~t.;:17 ~ ~x ;c•~~..Flit~l t,~€~it~r~>>i ,in ..t. S..c. rStt .:`~.I~intr.~c7`,t.C~Vttt',t~:?r,t,,:1,{~)t ttlil.i's?tt~:+`,,I.c(!.tE tjf.t)f,tt/.,1~~•r•~:Ji.u)~rhr~~~itl ~a,c4 rlc'(._2~$(.aj,.t~: June 23, 2~6 MERlDiAN CITY COUNCIL MEETING lone 27, 2{X}b APPLICANT ITEM NO. S'Q REQUEST Water Main Easement Agreement for Paramount Elementary by Meridian Joint School District No. 2 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 Inltlals: Materiels presented at public meetings shalt become property of the City of Merman. • ADA COUNTY RECORDERVID NAllARRO AfNOUNT .00 6 fI01SE IDAHD 07113/06 ~ DEPUTY Patti Thompson I„ I~~I~I~`I~,IIf (I~I~"~~I~I~'~~~ ~~~ RECORDED-REQUEST OF Cite of Meridian ~ATEII MAIN EASEMENT //~~ (~ 1~, i~- THIS INDENTURE, made this ~ day of~'7~ Z~Obetweenl~.rl eJ~ the parties of the first part, and hereinafter called the Grantors, and the City oi' Meritdian, .Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through ~ underground pipeline to be constructed by others; and WHEREAS, it will be n to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easeme~ for the construction, operation, maintenance, repair, replacement of a water main over and across the following described Properly: (SEE ATTACHED EXHIf31T A and B) The easement hereby granted is forthe purpose ofconstructio~a and. operation ofawater line andtheir allied facilities, together with their maintenance, additior~l connection thereto, r+epau a~ reP~~ at the convenience of the Grantee, with the fine right of access to such facilities at any and all times. TO HAVE AND TO HOLD,thesaideasement andright-0f-way unto the said Grantee, if`ssuc~ors and assigns forever. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after constrruction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacentpropertytothat existientpriorto undertaking such camstruetion,repairsandmaintenance- However, Grantee shall net ln; ~ble for repairing, replacing or restoring anything placed within the ait+ea descn'hcd in this easement that was placed there in violation of this easement- THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent ~, , brush, or ~ shn>b§ or flowers~wrthin the area described for this easement; which would interfere with the use ur sand easeme~, for the proposes staxcd herein. THE l3~R.ANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public s>xeet, then, to such e~e~ such right-of-way and easement hereby gm~ed which lies within such boundary ther~f or which is a part thereof, shall cease and become null and void and of no fi~ether Water Main Easemem page l ~~ WTR.school distri+ctdoc • effect and shall be completely relinc~ishcd. TIC GRANTORS do hereby covenant wish the Graatee they are lawfully seized and pa~ssessed of the aforementioned and d~crtbed tract of land, and that they have a goad and lawful right to convey said easement, and that that' will warrant and. forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereut above written. GRANTOR T)r: Linda Clark, Superintendent STATE OF IDAHO ) )~ County of Ada ) On this ~~''~' day of cTUJit•C. 2QOb~A ~tllwk.- unders~ned, a Notary Public~d and for said Stage, pe~onaJly appeared t _ ,known or ideatrfi~ to me to be the Supe~endant of Joint School District No. 2 that executed the within instrument; and acknowledged to me that such entity executed the same. IN WITTNESS WHEREOF, I have hereunto set my head and affnced my official seat the day and year fist above writti~s•.-----`•rrii ,y ~o ~1Rp * ~a~- ~ • pUBL~G • •,~~~ 7,8 OF ~,9Q,'`~~ GRANTEE: CTIY OF MERIDIAN /.~7~ Tammy da~ Approved By City Council On: N(}~~1~ IC,~ Ff~. IDAHO }~ (Jt ~'Zt,GcLG~r~~ Residing at Commission Expires: 3 a'i'• 09 ```\,~Sttl)I11111//111', ~~ ~~ ~~ .~~''' ~~ 3~ ,:~ ~, k Water Main Easement Page 2 EASMT WTR.school district.doc r STATE OF IDAHO, ) . ss. County of Ada ) On this~Zday of ~~~~~~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectiveiy, of the Gity of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian ®xecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abov® written. (SEAL). NOTARY PUBLIC FOR IDAHO RESIDING AT:yt~]~V.r~r., ~c~ , MY COMMISSION FJCPIRES: 0--/ -/~ .a • ,. ~: TPIk: LAl~ May 23, 2006 Project No. 05299 Legal Description Paramount School Waterline Easement 0.71 acres • ~~ D GROUP, INC. EXIiIDIT "A" An easement for the purpose of construction, access and maintenance of water facilities being a portion of Lot 12, Block 31 of Paramount Subdivision No. 10 (a recorded subdivision on file in Book 94 of Plats at pages 11468-14170, inclusive, records of Ada County Idaho) situated in Section ZS, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 1/2-inch steel pin monumenting the Southerly Corner of Lot 12, Block 31 of said subdivision, on the northwesterly right-of-way line of W. Producer Drive, thence following the southeasterly line of said Lot 12 and the northwesterly right-of way line of said W. Producer Drive, North 45°48'59" East a distance of 30.79 feet to a point being the POINT OF BEGXNNTNG, from which a found 1/2-inch steel pin monumenting the Easterly Corner of said Lot 12 bears North 45°48'59" East a distance of 579.21 feet. Thence, leaving said southeasterly line and said northwesterly right-of-way liune, North 44° 11'01" West a distance of 140.68 feet to a point; Thence North 25°48'59" East a distance of 99.71 feet to a point; Thence North 64°11'01" West a distance of 59.24 feet to a point; Thence North 20°26'04" West a distance of 176.76 feet to a point; Thence South 69°33'56" West a distance of 10.50 feet to a point; Thence North 20°26'04" West a distance of 20.00 feet to a point; Thence North 69°33'56" East a distancc of 10.50 fcct to a point; Thence North 20°26'04" West a distance of 123.77 feet to a point; Thence North 25°48'59" East a distance of 96.08 feet to a point; Thence North 75°26'16" East a distance of 240.69 feet to a point; Thence South 64°11'01" East a distance of 139.25 feet to a point; Thence 3oulh 44°11'01" East a distance of 30G.90 feet to a point on the southerly line of said Lot 12 and the northwesterly right-of-way line of said W. Producer Drive; Thence following said southerly line and said northwesterly right-of--way line, South 45°48'59" West a distance of 20.00 feet to a point; Thence leaving said southerly line and said northwesterly right-of-way line, North 44°11'01" West a distance of 82.67 feet to a point; Thence South 45°48'59" West a distance of 74.84 feet to a point; Thence North 44°11'01" West a distance of 33.30 feet to a point; Thence North 4S°48'59" East a distance of 74.84 feet to a point; Thence North 44°11'01" West a distance of 171.50 feet to a point; 't'hence South 45°48'59" West a distance of 13A0 feet to a point; / } I.andraafie AnhitecYrrre • Site Plarmiag • Gvil Engmaering • Golf Courre Lrigotio~ d~'Engineeiing ~ Gropbr'c Commusioa 4b2 Yr. Shore L7rive, Sbe. 1~, Fagle, Idahn R3R1R •'P 20R_939.4041 F 20R_939.4445 ~ v+ww thelandg~puFjnc com G:\2005\05299\LL ~6o523edwards_45a99w1Ldoc ."' ~~ ra) ~.` ~~ ~~ Y! ~~ `~ THk; I..11NA GBQUP, INC. Thence North 44°11'01" West a distance of 20.00 feet to a point; Thence North 45°48'59" East a distance of 11.50 feet to a paint; Thence North 64°11'01" West a distance of 124.00 feet to a point; Thence South 75°26'16" West a distance of 224.09 feet to a poiuut; Thence South 25°48'59" West a distance of 78.30 feet to a point; Thence South 20°26'04" East a distance of 303.97 feet to a point; Thence South 64°11'01" East a distance of 71.22 feet to a point; Thcncc South 25°48'S9" West a distance of 85.41 feet to a point; Thence South 64°11'01" East a distance of 8.00 feet to a point; Thence South 25°48'59" West a distance of 20.00 feet to a point; Thence North 64°11'01" West a distance of 8.00 feet to a paint; Thence South 25°48'S9" West a distance of 0.32 feet to a point; Thence South 44°1.1'01" Easl a distance of 88.36 feet to a point; Thence North 4S°48'59" East a distance of 8.47 feet to a povat; Thence South 44°11'01" East a distance of 20.00 feet to a point; Thence South 45°48'59" West a distance of 8.47 feet to a point; Thence South 44°11'01" East a distance of 18.31 feet to a point on the southeasterly line of.said Lat 12 and the northwesterly right-of-way line of said W. Producer Drive; Thence following said southeasterly line and said northwesterly right-of-way line, South 4S°4R',59" West a distance of 20.00 feet to the POINT OF BEGINN~TG. The above described easement contains 0.71 acres, more or less, subject to all existing easements and rights-of--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) 1 2 ImrdreapeAnbite~kire • Site Plmrrring • Civil Engmsering • Ga~'Corrrse brigaJion dr E~rBineering • Graphic Cnmmur~ratpoa 462 E. Shore I.Iaave, Ste. 100, Eagle,. Idaho 83616 • P 208.939.4041 F 208.939.4445 • wtew.rhelacd_groupinccom G:\2005\05299\.L.L 060523edwards_05299~vll.doc ~~ysg~~ •~ ..~.p ~,... 3UBDNSION I~ 10, NEST, B.M., /• i i/ 1 °°i w~°' FOUND 1 /2 INCH STEEL PIN ~• 'CALCULATED POINT ,,~~~' L -- PROPERTY LINE 5;~~ K-- EASEMENT LINE BLOC ~ .W i- ~yC~~' .. • ry ~°i~ • a ~ ~ ~~ - ~ r ~ • ~ ~ ~,~~~ ~, ~'~°~: ~ ~+ ~~ L3~ L2 ~` ~~~ rr `Oj ~~ ~~ ~~ 'Oo s TABLE BEARING N64°ll'Ol'W S69°33'56"W N20°26'04'W N69°33'S6'E S45°4$'S9'W N44°11'Ql'W S45°48'59'W N44°11'O1'W N45°48'59'E S64°11'Ol`E S64°li'Ol'E S25°48'S9'W N64°11'01'W S44°11'O1'E S25°48'59'W N45°4$'S9'E S44°il'01'E S45°48'59'W S44°ll'Ol'E S45°48'S9'W oiit~ue*roi Z --~ ~o ~U W ~! ~~-- ~_ ~ J ~I~ LU ~ Q ~ ~"; ~~ ..~..~ ~~~~ ,~~~~.. ,~ ~,~~,s L----J ,~,~ p~t~ ~ C.~ Memo To: Mayor De Weerd & City Council From: ICarie Glenn CC: File Date: 6/19/2006 Re: Proposed Agenda Items for 6/27/06 City Council Meeting City ®f li~leridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/27/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Paramount Elementary by Meridian School District. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Paramount Elementary by Meridian School District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CJ City of Meridian Public Works Dept. RECEIVE£a JUN 1 ~ 20~ ~ Page 1 ~ i WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between I 1 I~'.,(I ~ 1 ~id~l ~ U' 1~ .the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafler called the Grantee; WiTNESSETH: WHEREAS, the Grantors desire 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main aver and across the following described property: (SEE ATTACHED EXI~TT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the iiee right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right of--wayuntothe-said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that a$er construction, making repairs, performing other maintenance or malting subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent propertytothat existent priorto 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 vioiatian of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easeme~ which would interfere with the use of said easement, for the purlwses stated herein. THE GRANTORS hereby covenant and agree with the Grrantce that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street; then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easeme~ Page 1 EASMT WTRschool districkdoc effect and shall be completely relinquished. T~ GRANTORS do hereby covenant with the Grp thatthey are lawfully seized and possessed of the aforementioned and descn'bed tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscn'bed their signatures the day and year first herein above written. GRANTOR: Dr. Linda Clark, Superintendent STATE OF IDAHO ) } ss County of Ada ) On this 1~~' day of _ ~IAA~-, . 2~0 d~~ before me, the undersigned, a Notary Public in and for said State, personally appeared 7~1 Y+dm- ~ and . known or identified to me to be the Superintendent of Joint School District No. 2 that executes the within instrument; and aclmowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writt~L~"""~~~~~i~ • ~i ~• ~ ~. .• 4~: ~pTAR~, •~.y, =~. ~.~ ~ ` = a _. PUBLtG O '•.._~ OF 19.eo GRANTEE: CITY OF MERIDIAN N ARY PUBLi F IDAHO itesid~ gat ~,tJ-.~`d~.`wvL, ~o Commission Expires: 3x'7.09 Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 EASMT WTR.school district.doc i .,~ ~~.. i~ "~' +, ~~ ~~ THE LAND GROUP, INC. May 23, 2006 Project No. 05299 Legal Description Paramount School Waterline Easement 0.71 acres EXFIIBIT "A" i An easement for the purpose of construction, access and maintenance of water facilities being a portion of Lot 12, Block 31 of Paramount Subdivision No. 10 (a recorded subdivision on file in Book 94 of Plats at pages 11468-14170, inclusive, records of Ada County Idaho) situated in Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 1/2-inch steel pin monumenting the Southerly Corner of Lot 12, Block 31 of said subdivision, on the northwesterly right-of--way line of W. Producer Drive, thence following the southeasterly line of said Lot 12 and the northwesterly right-of--way line of said W. Producer Drive, North 45°48'59" East.a distance of 30.79 feet to a point being the POINT OF BEGINNII~TG, from which a found 1/2-inch steel pin monumenting the Easterly Corner of said Lot 12 bears North 45°48'59" East a distance of 579.21 feet. Thence, leaving said southeasterly line and said northwesterly right-of--way line, North 44°11'01" West a distance of 140.68 feet to a point; Thence North 25°48'59" East a distance of 99.74 feet to a point; Thence North 64°11'01" West a distance of 59.24 feet to a point; Thence North 20°26'04" West a distance of 176.76 feet to a point; Thence South 69°33'56" West a distance of 10.50 feet to a point; Thence North 20°26'04" West a distance of 20.00_ feet to a point; Thence North 69°33'56" East a distance of 10.50 feet to a point; Thence North 20°26'04" West a distance of 123.77 feet to a point; Thence North 25°48'59" East a distance of 96.08 feet to a point; Thence North 75°26'16" East a distance of 240.69 feet to a point; Thence South 64°11'01" East a distance of 139.25 feet to a point; Thence South 44°11'01" East a distance of 306.90 feet to a point on the southerly line of said Lot 12 and the northwesterly right-of-way line of said W. Producer Drive; Thence following said southerly line and said northwesterly right-of-way line, South 45°48'59" West a distance of 20.00 feet to a point; Thence leaving said southerly line and said northwesterly right-of--way line, North 44°11'01" West a distance of 82.67 feet to a point; Thence South 45°48'59" West a distance of 74.84 feet to a point; Thence North 44°11'01" West a distance of 33.30 feet to a point; Thence North 45°48'59" East a distance of 74.84 feet to a point; Thence North 44°11'01" West a distance of 171.50 feet to a point; Thence South 45°48'59" West a distance of 13.00 feet to a point; La9rrdreapeArchitecture • Site Planming • C.ivdl Engineering • Golf Course Irrigataosr d~' Engineering • Graf~hit Corrm~uurdcation 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgrouPinc.com G:\2005\05299\LL 060523edwards_05299wILdoc ~~ i ~~ THE LAN /~y~ /•~ D GROUP, INC. Thence North 44°11'01" West a distance of 20.00 feet to a point; Thence North 45°48'59" East a distance of 11.50 feet to a point; Thence North 64°11'01" West a distance of 124.00 feet to a point; Thence South 75°26'16" West a distance of 224.09 feet to a point; Thence South 25°48'59" West a distance of 78.30 feet to a point; Thence South 20°26'04" East a distance of 303.97 feet to a point; Thence South 64° 11'01 " East a distance of 71.22 feet to a point; Thence South 25°48'59" West a distance of 85.41 feet to a point; Thence South 64°11'01" East a distance of 8.00 feet to a point; Thence South 25°48'59" West a distance of 20.00 feet to a point; Thence North 64°11'01" West a distance of 8.00 feet to a point; Thence South 25°48'59" West a distance of 0.32 feet to a point; Thence South 44°11'01" East a distance of 88.36 feet to a point; Thence North 45°48'59" East a distance of 8.47 feet to a point; Thence South 44°11'01" East a distance of 20.00 feet to a point; Thence South 45°48'59" West a distance of 8.47 feet to a point; Thence South 44°11'01" East a distance of 18.31 feet to a point on the southeasterly line of said Lot 12 and the northwesterly right-of-way line of said W. Producer Drive; Thence following said southeasterly line and said northwesterly right-of--way line, South 45°48'59" West a distance of 20.00 feet to the POINT OF BEGINNDVG. The above described easement contains 0.71 acres, more or less, subject to all existing easements and rights-of--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAQ 1 I.~rdreafie Architecture • Site Planrring • Civil Engineering • Godf Course Irrigation d~' Engineering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com G:\2005\05299\LL 060523edwazds 05299w11.doc 1 v' O U h O N O C9 ,~ SUBDNSION WEST, B.M., .10, FOUND 1/2 INCH STEEL PIN LOT CALCULATED POINT PROPERTY LINE BL.Q(~~- - EASEMENT LINE 4 8 •~O rrm.su~ rer Fea eer~TroeT~or aaxiami w m re~awme I n<O~ I ~ ~~ ~ ~--- w0 ~O w= Q~ w~~i wz z~ ..~~0 rY ~ w ,~ QQ ~a ~~ ~~ .., ii .-~ •, .,,~ ~~ "°~' 0 as2 East snore orrva, style ~m Eagle, Idaho 83816 Phone0208)838-60M1t Fez (208)839-0448 wvw.OrelaM~oup!nc,corn v V SCALE: 1' 700' ! ~ June 23, 2~6 MERIDIAN CITY COUNCIL MEETING June 27, 2~5 APPLICANT ITEM NO. S-R REQUEST Water Line Easemen# Agreemen# for Petra Office by Rosario Place. LLP 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: Emalled: Staff ini#lals: Materials presenfied at public meetings shall become properly ofi the Ciiy of Meriatian. • ADA RUNTY REGORDERViD NAVARRO AMOUNT .00 ! 801ST IDAHO 07/13/06 M . ~ RE oRDEO~ EauESpT of 111111111111111illlllllllli1111 II I IIl Ciiy of Meridian 1 ~~ 111 ~~S WATER MAiN EASEMENT THIS INDENTURE, made this ~ day of, 200~i between ~~/210-'~~~' ~~„~,Qthe parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Id~1io, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAV E AND TO HOLD, the said easement and right-of-way unto the said Grantcc, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, 6y and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the wafer 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. T'HIr CiRANTURS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such lwundary Uiereuf ur which is a part tl~ereuf, shall cease and became null and void and of no further effect and shall be completely relinquished. Water Main Easement Petra EASMT WTR MAIN.doc • • THE G 1tANTORS do hereby covenant with the Grantee that they are lawfully seized amd possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN W ITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: %,~/ ~~ STATE OF IDAHO ) ) SR County of Ada ) On this ~~ day of J~, before rne, th undersigned, a Notary Public in and for said State, persona appeared and ,known or identified to me be a President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above wrillev. i 1 POPE NOTAR PUB FQR AHO Residing at ' N07AHY PUBLIC Commission Expires: ' srArE of ~~Ho Water Main Easement Petra IrA,SMT_WTR MAIN.doc ~~ a ~, 5 • GRANTEE: CITY OF MERIDIAN ~~ r Tammy de We ,, ayor ~~~~~ ~ Attest by William G. Berg, ity Cler Approved By City Council On: ,~ STATE OF IDAHO, ) . ss. County of Ada ) ~~r~ ~S{ u On this ,~~ day of ~~ 20L~' before me, the undersigned, a N Public in and for said State ersonal--~ dire TAMMY DE WEERD and WILLIAM G. BERG, o~'Y , P Y PP J.R., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and ac:lcnowledged lu rrre that )lie City ut'Merirliarr executer) the siune. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .~ '~ '~~y 'f• ~ %. r~o .. - ~. _ - ~::~.:.~~.r ~~ ~ ~ ~U ~i_ .Cl . NOTARY PUBLIC FbR IDAHO Residing at: L2 ~,~- ~6~a.- Commission Expires: /~1-~S = ~( Water Main Easement Petra EASMT WTR MAIN.dac ~iaJ • .' "PEALEY'S LAND 2507 Bogus Basin Rd. ° Boise, l~ahcr $3rot SURi/EYII~IG (2oa) sss-t~s Fax (zor~) sss-osgs Project No.: 2983 Date: June 7, 2006 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR PETRA OFFICE BUILDING A parc®I of land being a portion of Lots 4 and 6 of Block 2 of Gemtone Center No. 2 as on file in Book 74 of Plats at Pages 7664 and 7665 in the Office of the Recorder far Ada County, Idaho, said parcel being situated in the NE 1/4 of Section 8, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Southeast corner of said Lot 4; thence along the South line of said Lot 4 North 89°35'15" West 67.42 f®et to the P41NT OF BEGINNING; thence continuing along said South line North 89°35'15" West 20.00 feet to a point; thence leaving said South line North 00°24'27" East 84.81 f®et to a point; thence North 45°00'00" East 24.0& feet to a point; thence at right angles North 45°00'00" West 5.00 feet to a point; thence at right angles North 45°00'00" East 15.00 feet to a point on a curve on the Easterly boundary of said Lot 5; thence along the East®rly boundaries of said Lot 5 and said Lot 4 along the arc of a curve to the left having a radius of 65.00 feet, a central angle of 22°59'22", a length of 26.08 feet and a long chord that bears South 29°48'02" East 25.91 feet to a point; thence leaving said Easterly boundary of Lot 4 South 45°00'00" West 24.07 feet to a point; thence South 00°24'27" West 76.61 feet to the POINT OF BEGINNING; 2963-Water•Ease-desc.doc • dnm Pages ~~~____e 0 20 40 80 SCALE IN BEET I" = 40' 288 N. EXHIBIT "B" MATER LINT= EASEMENT EXWIBIT FOR PETRA 0!^ VICE BUILDING LOTS a & S, BLOCK 2, GEMTONE G~:NTER No. THE NE I/4, SECT. 8, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAWO CURVE TABLE PIS • U City of Meridian Public Works Dept. Memo To: Mayor De Weerd & Ciiy Council From: Karie Glenn CC: File Date: 6/19/2006 Re: Proposed Agenda Items for 6/27/06 City Council Meeting ItECE~IVED ~uN 9 ~ 200 City ®f meridian City Clerk Office The Public Works Departrnent respectfully requests that the following items be placed on the 6/27/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Line Easement for Petra Office by Rosario Place LLP. Typical Water Line Easement. Recommended Council Action: Approve the Water Line Easement for Petra Office by Rosario Place LLP and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~ Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of, 20D,6 between /2o5,nf?tD- ~c~ ~%~. a parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Id o, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter 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 tune by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement 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 azea of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundazies 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 Petra EASMT WTR MAIN.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~%~~i.~A~"r+q s ~+- a STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ~( before me, th undersigned, a Notary Public in and for said State, persona appeared and .known or identified to me be a President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~~ P4PE IV~TR~RY PUBLt~ ~TAfiE ~F ~~/$~ Residing at Commission Expires: Water Main Easement Petra EASMT WTR MAIN.doc i • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada ss. On this day of , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Petra EASMT WTR MAIN.doc Q ALE Y'S L SU&~~'EYING 2501 Bogus Basin Rd. ®Boise, Idaho 83'32 (2~8j 3~~-t7S3~ Fax (2~$} 385-0886 Project No.: 2983 Date: June 7, 2006 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR PETRA OFFICE BUILDING A parcel of land being a portion of Lots 4 and 5 of Block 2 of Gemtone Center No. 2 as on file in Book 74 of Plats at Pages 7664 and 7665 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NE 1/4 of Section 8, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Southeast comer of said Lot 4; thence along the South line of said Lot 4 North 89°35'15" West 67.42 feet to the POINT OF BEGINNING; thence continuing along said South line North 89°35'15" West 20.00 feet to a point; thence leaving said South line North 00°24'27" East 84.81 feet to a point; thence North 45°00'00" East 24.06 feet to a point; thence at right angles North 45°00'00" West 5.00 feet to a point; thence at right angles . North 45°00'00" East 15.00 feet to a point on a curve on the Easterly boundary of said Lot 5; thence along the Easterly boundaries of said Lot 5 and said Lot 4 along the arc of a curve to the left having a radius of 65.00 feet, a central angle of 22°59'22", a length of 26.08 feet and a long chord that bears South 29°48'02" East 25.91 feet to a point; thence leaving said Easterly boundary of Lot 4 South 45°00'00" West 24.07 feet to a point; thence South 00°24'27" West 76.61 feet to the POINT OF BEGINNING; 2983-Water-Ease-desc.doc - dnm 0 20 40 80 SCALE IN FEET I° = 40' • EXHIBIT "B" WATER LINE EASEMENT EXHIBIT FOR PETRA OFFICE BUILDING LOTS 4 & S, BLOCK 2, ~L GEMTONE CENTER No. 2 ~j~ THE NE I/4, SECT. 8, T.3N., R.IE., B.M., ll MERIDIAN, ADA COUNTY, IDAHO ('IIRVF' TeR~ ~ `298 • June 23, 2(~?b MERIDIAN CITY COUNCIL MEETING June 27, 2~b APPLICANT ITEM NO. S-S REQUEST Marketing Contract with Resource Center, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached i., I~QJJ ~ µAr ,r~Miv ~ ~1~~I^y~ r~ V C ~ ~ 1" Contacted: Date: Phone: Emailed: Staff initials: Adateryals presented at pub8c meetings shall become property of the City of Meridian. ~ ~ o ~,~CEb~ L v c u v u L N L • N r N N x Q ~n N N r 0 0 0 N n 0 N m m ro o' s ro a~ 'o m 0 .~ L n~ ~L 2m M~ W N zc June 1, 2006 Ms. Tammy de Weerd City of Meridian Mayor 33 East Idaho Avenue Meridian, ID 83642 Dear Mayor de Weerd, JUN 2 3 2006 City ®f Meridian City Clerk ®ffice On behalf of Resource Center, Inc., I would like to thank you and your staff for visiting our offices and providing us with insights as to how the City of Meridian wants to communicate with its targeted clients and development partners. We realize that this is an undertaking that has been carefully thought out and planned by you and your colleagues. Our goal is to assist you by creating the most professional tools for the City to use in delivering your message. Based on recent editorial comment on attracting businesses and jobs to the Treasure Valley, we are confident that your marketing initiatives with Resource Center creative support will insure that Meridian will be considered as a prime candidate for business and employment location. I ask that if I can be of any assistance, to please call immediately and we thank you for allowing us to present the following proposal. Sincerely, Douglas Oates President, Resource Center, Inc. RESOURCE CENTER MARKETING EXECUTION • . Page 1 of 1 Will Berg From: Sharon Smith Sent: Friday, June 30, 2006 2:22 PM To: Emily Kane; Ted Baird; Will Berg; Bill Nary; Shaun Wardle; Charlie Rountree; Keith Bird; Joe Borton; Tammy de Weerd; Peggy Gardner Cc: Michelle Albertson; Tara Green Subject: Marketing Contract with Resource Center, Inc.: Tabled for more information Mayor called and asked to bring this back next week as a dept report. She has more information on it. She indicated it was money raised last year for this purpose, she will discuss it you on July 5th. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 7/5/2006 i • June 30, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 5, 2006 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Tabled from June 27, 2006: Marketing Contract with Resource Center, Inc.: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~' ~~'° Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ,~ • ~~ I RESOURCE CENTER MARKETING EXECUTION Date: July 23, 2006 Prepared For: The City of Meridian Program Name: City of Meridian Description of services • Creative Services, Printing, Graphics 12586 West Brldger St. #110 Raise, Ib 83713 1-800-718-7225 Fax: 208-322-1126 Phone 208-377-5280 ~.~ ~ ~ ~~ ~L~ ~~~ ~ ~ zoos ~rY ~I` MERIDIAN QITY' CLEF~K QF~fQ~ Item Qty Unit Cost Extended City of Meridian Collateral Material --Includes sales sheet creation, in both hardcopy and electronic formats $15,000.00 integrated Mlni Website - Includes design and implementation of Economic Development page(s) for the existing Gity of Meridian website $3,500.00 City of Meridian -Logo re-design $1,000.00 See Attached Exhibits In Presentation Total Estimate for City of Meridian Project $19,500.00 Terms:'/a at program acceptance remaining balance due upon delivery, unless credit approved. Programs terminology All costs noted in this Proposal for Service assume that all client-supplied products, materials, supplies or any other deliverables, including responses to inquiries, are provided when needed to support the Program. This is a budget estimate only and is based on information provided to date as outlined above- Ghanges in specifications or undisclosed discoveries may result in price changes. A 10% variance above or below the costs noted above is considered acceptable; Resource Center will not exceed that variance without prior approval. Agreement to these terms and conditions is based on this estimated being signed, dated and returned to Resource Center, Inc. Prese a By Don Bush Resource Center Client Acceptance Gity of ridian ~-~~G b y C'~j ~ ~~r~ Date ~1 .~ ~~ ^p . ~ • ; f, s ~. -o ~ I~~y~~ ~. d~' ~~ '>i.~~,t~r~n-rt~tta~~~~ Confidential Resource Center Page 1 of 1 :~ ,,,. ~: `} . .. ,~ zc June 22, 2006 Ms. Tammy de WQerd City of Meridian Mayor 3 3 East Idaho Avenue Meridian, ID 83642 Dear Mayor de Weerd, On behalf of Resource Center, Inc., I would like to thank you and your staff for visiting our of£ces and providing us with insights as to how the City of Meridian wants to communicate with its targeted clients and development partners. We realize that this is an undertaking that has been carefully thought out and planned by you and your colleagues. Our goal is to assist you by creating the most professional tools for the City to use in delivering your message_ Based on recent editorial comment on attracting businesses and jobs to the Treasure Valley, we are confident that your marketing initiatives with Resource Center creative support will insure that Meridian will be considered as a prime candidate for business and employment location. I ask that if I can be of any assistance, to please call immediately and we thank you for allowing us to present the following proposal. Sincerely, ~.~ ~ Douglas Oates President, Resource Center, Inc. RESOURCE CENTER MARKETING EX!^CIJTIC)N `~ c Q H C ~, U W ~ H v o O ¢ J ~ ,~ ~ ~ tti ~~ ~ ~~ o ~ ~~ ~~~ ~° ~ o ~ ~'~ ~s ~ ~ ~'~ ~~ ~~ ° ~~ ~~ ~~ ~~ ~, a~ ~ o ~ ~ ~ 0 ~w ~~~ ~~ ~ o ~ ~~ :~ ~ T ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ 3~ Q ~ ~, can o ~ ~ ~ ~ ~ ~v a~ ~ ~ ~~~, ~ o ~~ o ~ a ~~~ ~~ ~ .~ o ~ ~ ~~-~ ~~ .~ ~ -d ~, ~i ~ ~ ~ U •~ ,~ ~ ~~ ~ ~•~ ca rn O ~ ~ a~ a' c C~+ ~ sa ~ ~ v °~ ° ~ ~ ~ ~ ~ U~ ~ ~ ~o° ~~ ~,'~ o Ca ~~~ N ., .~ ~ •~ O ~ ,, ~ ~, ~ C) • i+ H ~ ~ G~ O .~ ~ ~ ~ OJ ~ N •N ~ ~ ~ ~~ ~ ~ U t] 7 6 ~ ~ ~ ~ > . :3 *d ~ ~+ y-+ N 0 ~ r' O N •~ • ~ J • ~ ww'' y^ ~ W I^ VJ ,~A~'"' 0 V • • ~ C7 .:. ...t _.~ t .~ 1 .~ •~ .} ... +~ .~ .~ v v O ... O a~ .~ a~ Gl} O .~ U "Cj ~ .~ :~ _ ~ U O "~ ~h ~+ "b r .~ ~ 'D ~ cd O ~~' v U b a~ aA ~ J . 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CG ~ ~ ~ ~ ~ ro . S.:`i ~ ~, . ~" (/) t i -.,. r, i~ ,+ ~ ~, ~~ ~" ~. -n O ?C, ~~ ~~~~. o~; _~ ~~~~ ~ ~ ~< r: n 1 I n~ o~~ !• ~ CD ~ ~ O C]. 0 0 ~ ~ ~ ~ ~~ ~ °='~'~rn ~ CI1 t11 -~ ~ ~:. fi O c'p tn, r.t, ~, ~ ~ ~ r_r, ~ G ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ,.,,,, Q {'p ..,.. ~ ~ ~ ~~ ~ ~~ ~ ~ ~ o o ~ ~ ~ ~ ~ a, ~ ~ o, ~ ~ rr ~*' _ ~. . '~:: ~; ~. ~ ~ ~ CD ~ p O. ~3~ r~ ~ ~ cn ,r r 1 ~ ~ s ~ O ~ ..... O ~ w . ~, A' ~ ~•• ~ .~ ~ T~, ~ ~ a ~ ~ ~ ~., .~, o~a `a °+ ~ ~ ~~ ~~z iD ~ o N n ~ rn .... ~.y ~~,~ ~~ . ' ~ ""tr. ' ~ ~ 1 ~ ~ ~ ~ fi ~ ~ .~ O ~ CD Q ~' ~ ~ ~ ~ 3 CD ~, ~ ~ e-r -~ -~ ~o ~ ~ ~ ~;, ~ o ~?. ~ ~ ~ .-• ~. sv s~.. ~ N ~: ~u ._ ° ~ ~ ~. ~ o ~- ~`. ~ ~ ~ ~ ~ ~ ~ c-r O CD ~ ~ ~ ~ _.• ~ ~ CD ~ ~_ `/~ "'`.+. ~ ~ ~~ ~ ~ t~ ~ 0 ~. ~~ ~~6 fs: 0 ~. ~ ~ ~ ~ ~ ~ 0 a ~ o ~° ~ ~ ~ ~ ~ ~ --• ~ G ,.~ CD ~' ~ ~ O ~. ~ ~ -~ O o ~- ~~ro cn ~ ~v l 1 ~ Q O ,~ • n ~ ~ ~ . • .~..~. ~. ~ ~ t~ ~ ~ ~ ~. -moo ~ ~ ~'~ ~ `~ a • ~ ~ - cc ~ ' ~ ~~ ~ ~ ~ O rr cn ~ -~ ~ ~ Q rt tD CD ~ ~ ~ ~ rt ~ ~ ~. ~D a L~ N ~ tJ ""~ 00 i,W 7~ ~ ''`~ n D `~ ~ ~. O~ ~ ~ ~ N _ ~ ~o O p ~ ~ ~ ~ ~- ~ ~ r '~'~ -~ rn ~~ ~~ ~, , ~. ~~.-a v ~' y~ o t. ,~ June 23, 2006 r: MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Conger Management Group ITEM NO. REQUEST Request for Reconsideration for Comprehensive Plan Amendment, Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for Wells Street Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aftached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • I Jug 2 2 2oas Date: June 21, 2006 City 4f Meridian City Clerk Gffice Attn: Mayor deWeerd and Members of the Meridian City Council, Re: Request for Reconsideration on the Wells Street Project Dear Mayor and Council, Please consider this letter a request for reconsideration of the Wells Street Comprehensive Plan Amendment, Annexation, Preliminary Plat and Conditional Use Permit. We have spent a considerable amount of time reflecting on the hearing and the presentation that we made to you, and have realized that we failed to present a compelling argument to you to amend the City's Comprehensive Plan. We have completed additional research and would like the opportunity present what we believe is strong argument to amend the Comprehensive Plan. We would ask that you provide us with the opportunity to explain how the proposed project will fit in with the existing and proposed development pattern (Medical District) in the Eagle and I-84 area. We are now better equipped to discuss the need for housing within the proposed Medical District and questions concerning vacancy rates in the area. We also feel a need to re-address the traffic issues, and wish to provide you with additional data concerning the amount of traffic that will be brought into the area if it develops per the proposed amendment vs. the existing Comprehensive Plan and the proposed medical district. A great deal of time and effort has been invested in a good faith effort to this project and we cannot let this project drop without asking for reconsideration or further direction from the Council. We continue to believe that this is the right location to build higher density housing as it is near existing jobs and transportation corridors just as is suggested in the written text of the City's Comprehensive Plan. Please allow us the opportunity to explain why this property will be beneficial to a medical district (if adopted) and the entire Magic View area. Thank you for your time and consideration in this matter. If you have any questions please contact me anytime at 353-2515. Sincerely, Dave McKinnon CMG • • June 23, 2006 CPA 05-002 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT Conger Management Grou ITEM NO. REQUEST Tabled Findings for,~.ppfe~e~ from June 22, 216 -Request for a Comp Plan Amendment to change approximately 11.79 acres from office to mixed-use community - 675 and 715 South Wells Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN PAST OFFICE: OTHER: Contacted: Emailed: Previous Item Packet /Request for Reconsideration Gt ~ (,~-~- ~'L~ j_ Date: ~ Phone: ~y Staff Initials: Materials presented at public meet~gs shall become property of the CHy o! Meridian. • • 1~ V JUN 2 Z 2006 Date: June 21, 2006 City ®f Meridian City Clerk ice Attn: Mayor deWeerd and Members of the Meridian City Council, Re: Request for Reconsideration on the Wells Street Project Dear Mayor and Council, Please consider this letter a request for reconsideration of the Wells Street Comprehensive Plan Amendment, Annexation, Preliminary Plat and Conditional Use Permit. We have spent a considerable amount of time reflecting on the hearing and the presentation that we made to you, and have realized that we failed to present a compelling argument to you to amend the City's Comprehensive Plan. We have completed additional research and would like the opportunity present what we believe is strong argument to amend the Comprehensive Plan. We would ask that you provide us with the opportunity to explain how the proposed project will fit in with the existing and proposed development pattern (Medical District) in the Eagle and I-84 area. We are now better equipped to discuss the need for housing within the proposed Medical District and questions concerning vacancy rates in the area. We also feel a need to re-address the traffic issues, and wish to provide you with additional data concerning the amount of traffic that will be brought into the area if it develops per the proposed amendment vs. the existing Comprehensive Plan and the proposed medical district. A great deal of time and effort has been invested in a good faith effort to this project and we cannot let this project drop without asking for reconsideration or further direction from the Council. We continue to believe that this is the right location to build higher density housing as it is near existing jobs and transportation corridors just as is suggested in the written text of the City's Comprehensive Plan. Please allow us the opportunity to explain why this property will be beneficial to a medical district (if adopted) and the entire Magic View area. Thank you for your time and consideration in this matter. If you have any questions please contact me anytime at 353-2515. Sincerely, Dave McKinnon CMG BEFORE THE MERIDIAN CITY COUNCIL C/C 06-06-06 1N THE MATTER OF THE REQUEST TO CHANGE THE COMPREHENSIVE PLAN C2B DEVELOPMENTS APPLICANT CPA OS-002 ORDER DENYING THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT The above entitled matter having come on for public hearing on June 6, 2006, and Dave McKinnon appeared and testified on behalf of C2B Developments, and the City Council having duly considered the evidence and the record in this matter therefore make the following Decision and Order: 1. The Applicant, C2B Developments, requested a Comprehensive Plan Amendment pursuant to Idaho Code Section 67-6509 2. The Applicant requested to change approximately 11.79 acres from Office to Mixed-Use Community. 3. The provisions of Idaho Code Section 67-6509 govern the conditions upon which the City may exercise its authority to amend the Comprehensive Plan, but the exercise of that authority is discretionary as determined by the City Council. ORDER DENYING COMPREHENSIVE PLAN AMENDMENT BY C2B DEVELOPMENTS ner.F i nF~ DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE, the City Council does hereby order: That the Applicant, C2B Developments, request is denied for a Comprehensive Plan Amendment to change approximately 11.79 acres currently zones as Limited Office (L-O) to Mixed-Use Community (MU-C). By action of the City Council at its regular meeting held on the Z7'~'day of v G"'P='' , 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED -~9~„ COUNCILWOMAN JOE BORTON VOTED _~~~ COUNCILMAN CHARLIE ROUNTREE VOTED _~~~~ COUNCILMAN KEITH BIRD VOTED _~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED """~" DATED: 1~ '' 2 ?-"~ 6 MOTION: APPROVED: ~ DISAPPROVED: ~~ ~~ . ~, ATTEST: ~`\ ~ ~'`%~AC'+.G~GG ~ /DI'98~1 G~Gh+F =_ ~~r~~e ~ ~ CITY CLERK '., ~~ ~ T a~ ' ~,~~~~` ~/ 4* Copy served upon Applicant, the Meridian ~~amm~g Department and City Attorney. I ,, ~, ,, ^ ~ I (1 By: V l~l 417 ~V ~/l1~ °'~~ Dated: ~~, -~ ~'-~~,~ City Clerk's Office ORDER DENYING COMPREHENSIVE PLAN AMENDMENT BY C2B DEVELOPMENTS ver.F~nF~ June 23, 2~6 MERIDIAN CITY COUNCIL MEETING APPLICANT Conger Management Grou ITEM NO. REQUEST Tabled 1=indin s for L ~ g `r`t` from June 22, ~6 - Reques# for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wetls Street Subdivision - 675 and 715 South Weds Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Previous Item Packet /Request for Reconsideration W~" ~ ~ r v L Date: ~ 6 G Phone: ~[~~ r7- St In Is: a Matericils presented at putstic meetings shag become property of the City of Meridian. C~ AZ 06-017 June 27, 206 ~ ~ R~CEIVEI~ JUN 2 22006 Date: June 21, 2006 City Cf NJ[eridian City Clerk O#fice Attn: Mayor deWeerd and Members of the Meridian City Council, Re: Request for Reconsideration on the Wells Street Project Dear Mayor and Council, Please consider this letter a request for reconsideration of the Wells Street Comprehensive Plan Amendment, Annexation, Preliminary Plat and Conditional Use Permit. We have spent a considerable amount of time reflecting on the hearing and the presentation that we made to you, and have realized that we failed to present a compelling argument to you to amend the City's Comprehensive Plan. We have completed additional research and would like the opportunity present what we believe is strong argument to amend the Comprehensive Plan. We would ask that you provide us with the opportunity to explain how the proposed project will fit in with the existing and proposed development pattern (Medical District) in the Eagle and I-84 area. We are now better equipped to discuss the need for housing within the proposed Medical District and questions concerning vacancy rates in the area. We also feel a need to re-address the traffic issues, and wish to provide you with additional data concerning the amount of traffic that will be brought into the area if it develops per the proposed amendment vs. the existing Comprehensive Plan and the proposed medical district. A great deal of time and effort has been invested in a good faith effort to this project and we cannot let this project drop without asking for reconsideration or further direction from the Council. We continue to believe that this is the right location to build higher density housing as it is near existing jobs and transportation corridors just as is suggested in the written text of the City's Comprehensive Plan. Please allow us the opportunity to explain why this property will be beneficial to a medical district (if adopted) and the entire Magic View area. Thank you for your time and consideration in this matter. If you have any questions please contact me anytime at 353-2515. Sincerely, Dave McKinnon CMG • • BEFORE THE MERIDIAN CITY COUNCIL C/C 06-06-06 IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 11.79 ACRES TO R-15 FOR WELLS STREET SUBDIVISION Case No. AZ 06-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL C2B DEVELOPMENTS APPLICANT The above entitled annexation and zoning application having come on for public hearing on November 22, 2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon, Conger Management Group, C2B Developments, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for June 6, 2006, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL WELLS STREE'T' SUBDIVISION; CASE NO. AZ-06-017 ver.F i nFa • and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on June 6, 2006, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§11-SA-5 and 11-SA-6, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 11.79 acres in size and is generally located West of Eagle Road, North of Interstate I-84/ 675 and 715 Wells Street, Meridian, Idaho, within a portion of the SW '/ of the NE % of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. 5. Bonnie Robinson, 675 Wells Street, Meridian, Idaho 83642 and Dave Pearcy, 715 Wells Street, Meridian, Idaho 83642, are the current property owners. 6. Applicant is C2B Developments, 405 S. 8~' Street, Suite 290, Boise, Idaho 83702. 7. The subject property is currently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL WELLS STREET SUBDIVISION; CASE NO. AZ-06-017 nenF~nFd 8. The Applicant requests the property be zoned R-15 (High Density Residential). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Medium Density Residential 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium Density Residential. CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-SB-3 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL WELLS STREET SUBDIVISION; CASE NO. AZ-06-017 ver.F2nFn • That the application for annexation and zoning is denied for the following reasons: The proposed development is not in the best interest of the City of Meridian. By action of the City Council at its regular meeting held on the 27 day of v u'a"'e'" , 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED -~~~ COUNCILMAN JOE BORTON VOTED ~~ COUNCILMAN CHARLIE ROUNTREE VOTED -~6 COUNCILMAN KEITH BIRD VOTED --~~' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: !/' Z ~s®`p MOTION: APPROVED: ~ DISAPPROVED: ~~° .~ o ATTEST: tS' ~ ~ li~/GGhd.CL ~~~~ ~- ~\- ~ ,~ . .o CITY CLERK ~`'~~ ~ ®9°`` ,~/~~~~~~o~re~ri aaraaa°°°°°y~°~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~ F~4'~ CL~ (>'~ C~u~~ Dated: ~ -Z~ ~~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL WELLS STREET SUBDIVISION; CASE NO. AZ-06-017 ver.FanFa June 23, 200b MERIDIAN CITY COUNCIL MEETING • PP 06-017 June 27, 2006 APPLICANT Conger Management Group ITEM NO. REQUEST Tabled Findin s for ~'I~~rom June 22, 2006 - R 9 e~quest for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision - 675 and 7] 5 Wells Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS iRR1GATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Previous Item Packet /Request for Reconsideration o~ ~~ Contacted: ~ (~l~~c~ ~/<„('.~~~a., Date: y4 d Phone: Emalled: ~m Staff Initials: /~ Materials presented at pubik meetings stilt become property of ft~e City~dian. • BEFORE THE MERIDIAN CITY COUNCIL C/C 06-06-06 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY PLAT ) FOR APPROVAL FOR 94 RESIDENTIAL ) BUILDING LOTS & 14 COMMON LOTS ) FOR WELLS STREET SUBDIVISION 1 Case No. PP 06-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL C2B DEVELOPMENTS 1 APPLICANT ) The above entitled matter having come on for public hearing before the City Council on June 6, 2006, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-06-017, and the hearing was opened on the preliminary plat application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon, Conger Management, C2B Developments appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. AZ-06-017 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-06-017. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR WELLS STREET SUBDIVISION; CASE NO. PP-06-017 n e r:F i nF z DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-06-017 the Council does hereby deny the application for preliminary plat approval. 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR WELLS STREET SUBDIVISION; CASE NO. PP-06-017 ner.F~nFz ~ ~ f~ By action of the City Council at its regular meeting held on the 2 7 day of ~~'`~- , 2006. ATTEST: ~~ \a(~~~ rs !i ~~ t o` ~~ ~.. ~ ~ __ s `~ R \~ ~~ y' ee~ ~~~~~~~'~d~~9,ii9'N~!!9~''~~~~~~~ ~re~ria~e,~ :~ CITY CLERK Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: _ ~~1~~~ ~ ~~~~~ City Clerk's Office Dated: ~~ ~~ ~~ ~" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR WELLS STREET SUBDIVISION; CASE NO. PP-06-017 ner.FZnFz • June 23, 2006 PP O6-0i 7 MERIDIAN CITY COUNCIL MEETING June 27, 200b APPLICANT Conger Management Group ITEM NO. REQUEST Tabled Endings for a~ om June 22, 216 -Request for Conditional Use Permit for 18 multifamily dwell"nng uni#s in a proposed R-15 zone for Wells Street Subdivision - 675 and 715 Wells Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTQRNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DlSTR1CT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MER1DlAN POST OFf1CE: OTHER: COMMENTS Previot~ Item Packet / Re~rest for Reconsideratbn v'`'im c,~' Contac#ed: (~~-~ Date: ,fit. Phone: Emailed: St Ini a{s: Matedds Presented at public meetMgs sha8 bsc~ne property ~ the Clay of Merldlan. • • IV'E JUN ~ 2 2006 Date: June 21, 2006 Gity Of Meridian City Clerk O#fiice Attn: Mayor deWeerd and Members of the Meridian City Council, Re: Request for Reconsideration on the Wells Street Project Dear Mayor and Council, Please consider this letter a request for reconsideration of the Wells Street Comprehensive Plan Amendment, Annexation, Preliminary Plat and Conditional Use Permit. We have spent a considerable amount of time reflecting on the hearing and the presentation that we made to you, and have realized that we failed to present a compelling argument to you to amend the City's Comprehensive Plan. We have completed additional research and would like the opportunity present what we believe is strong argument to amend the Comprehensive Plan. We would ask that you provide us with the opportunity to explain how the proposed project will fit in with the existing and proposed development pattern (Medical District) in the Eagle and I-84 area. We are now better equipped to discuss the need for housing within the proposed Medical District and questions concerning vacancy rates in the area. We also feel a need to re-address the traffic issues, and wish to provide you with additional data concerning the amount of traffic that will be brought into the area if it develops per the proposed amendment vs. the existing Comprehensive Plan and the proposed medical district. A great deal of time and effort has been invested in a good faith effort to this project and we cannot let this project drop without asking for reconsideration or further direction from the Council. We continue to believe that this is the right location to build higher density housing as it is near existing jobs and transportation corridors just as is suggested in the written text of the City's Comprehensive Plan. Please allow us the opportunity to explain why this property will be beneficial to a medical district (if adopted) and the entire Magic View area. Thank you for your time and consideration in this matter. If you have any questions please contact me anytime at 353-2515. Sincerely, Dave McKinnon CMG BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-06-06 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR WELLS STREET SUBDIVISION Case No. CUP 06-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL C2B DEVELOPMENTS APPLICANT The above entitled matter having come on for public hearing before the City Council on June 6, 2006, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-06-017, and the hearing was opened on the conditional use permit application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon, Conger Management, C2B Developments, appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. AZ-06-017 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the conditional use permit due to the denial of the annexation and zoning in Case No. AZ-06-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDTI'IONAL USE PERMIT FOR WELLS STREET SUBDIVISION; CASE NO. CUP-06-012 ner,F i nF z DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-06-017 the Council does hereby deny the application for conditional use permit. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS T'he 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 maybe adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WELLS STREET SUBDIVISION; CASE NO. CUP-06-012 ver.F~nFz By action of the City Council at its regular meeting held on the 27 ~ y of ~G'~^~-- 2006. -~_ .~ ' ATTEST: ~ ~®~t~ ~jQ~-"yE,Gt,~ ~reJ:de~t- • = ~~~ _ ,= CITY CLERK ~=, ~ ~' t~ ° ~ ,.~~ '~~'~~~i~~~/---f---eihllAq`~`'~~t,~~' Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. J~ , By: Y" (~f/1 nil G~~`-t~-~ Dated: C~~o ~~~'/~©~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMTI' FOR WELLS STREET SUBDIVISION; CASE NO. CUP-06-012 ner.FZnFz • i June 23, 2006 FP Ob-027 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Dyver Development, LLC ITEM NO. ~ l 3 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 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: See attached Comments 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. i • FP 06-026 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Briggs Engineering, Inc. ITEM NO. ~ ~ ~ REQUEST Final Plat approval for 18 residential building lots, 1 existing lot and 2 common lots on 4.98 acres in an R-8 zone for Pisa Place Subdivision - 3893 South 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 Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Merldlan. • • BEFORE THE MERIDIAN CITY COUNCIL C/C June 27, 2006 IN THE MATTER OF THE APPLICATION OF BRIGGS ENGINEERING, INC., FOR FINAL PLAT APPROVAL OF 18 RESIDENTIAL BUILDING LOTS,1 EXISTING LOT, AND 2 COMMON LOTS ON 4.98 ACRES IN AN R-8 ZONE LOCATED AT 3893 SOUTH LOCUST GROVE ROAD IN A PORTION OF THE SE 1/ OF THE NE 1/ OF T. 3N. R. lE., SECTION 30 CASE NO. FP-06-026 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 June 27, 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: June 27, 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 PISA PLACE SUBDIVISION LOCATED IN A PORTION OF THE SE I/ OF THE NE 1/ OF T. 3N., R. lE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PISA PLACE SUBDIVISION / (FP-06-026) Page 1 of 3 • • HANDWRITTEN DATE: 05/09/06, SHEET 1 OF 3, BRIGGS ENGINEERING, INC.", TECTONICS, 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: June 27, 2006, listing 16 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 13 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 Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of ofF site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PISA PLACE SUBDIVISION / (FP-06-026) Page 2 of 3 • • Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory talcings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the v7~ ~' day of .~L~ ~'1~ , 2006. ATTEST: LLIAM G. BERG, Copy served upon: \````~~,~u a nBiY~ ~ ~~~ ~ = ~ J ., CI Y ALE ~ ~ Planning df~[de~,gtil~epartment Public Works Department City Attorney By City Clerk's Office Dated: 1-Z74~,p ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PISA PLACE SUBDIVISION / (FP-06-026) Page 3 of 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEP~MENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: June 27, 2006 Transmittal Date: June 22, 2006 Mayor & City Council ~- E.,- ;: .- F 4 iu.haira ~,~ ~~ `~'st?e We have reviewed this These conditions shall Meridian City Council: Sonya Wafters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C- Pisa Place Subdivision Request for Final Plat Approval of Pisa Place Subdivision Consisting of 16 Single-family Residential Building Lots and 2 Common/other Lots on 4.99 Acres in an R-8 Zone by Briggs Engineering, Inc. (File# FP-06-02~ submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUNIlVIARY & LOCATION The applicant, Briggs Engineering, Inc., has applied for fmal plat approval of Pisa Place Subdivision which consists of 16 single-family residential building lots (there is an existing residence on Lot 8, Block 1), and 2 common/other lots on 4.99 acres in an R-8 zone. The gross density for this subdivision is 3.21 dwelling units per acre. The net density is 3.86 dwelling units per acre. Pisa Place Subdivision is a division of a previously un-platted parcel of land located in a portion of the southeast 1/4 of the northeast 1/ of section 30, T.3N, R.IE. The site is located on the west side of Locust Grove Road, approximately 1/Z mile south of Victory. A fmal plat for this project was previously approved on January 17, 2006. The original final plat changed slightly from the approved preliminary plat. The right-of--way width of E. Pisa Court and S. Leaning Tower Place was reduced from 64 feet to 52 feet, which reduced the frontage of Lots 8, 10, and 11, Block 1. The resulting street frontage of these lots still met the minimum requirements of Unified Development Code (UDC) 11-2A-3B.1. The previously approved final plat substantially complied with the approved preliminary plat. After approval by City Council, Ada County Highway District disallowed the use of roadside swales as the storm water retention system. Subsequently the applicant had to revise the storm drainage system to include a storm retention pond. A new common area lot was added to accommodate the drainage pond, which decreased the size of Lot 1. With removal of the roadside swales, the right-of--way width decreased from 52 feet to 50 feet (matching the adjacent Chatsworth Subdivision), increasing the size of lots (except Lot 1) within the subdivision. Staff recommends approval of the afore-mentioned revisions to the Pisa Place Subdivision fmal plat with the comments and conditions stated in this report. STTE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-039) and preliminary plat (PP- OS-038). Exhibit "A" FP-06-026 Pisa Place Sub FP.doc PAGE 1 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEP~MENTS STAFF REPORT 2. The applicant has indicated Nampa and Meridian Irrigation District will own the pressurized irrigations system in this proposed development. Since it is to be owned and operated by an Irrigation District then a license agreement shall be entered into prior to the scheduling of a pre- construction meeting. 3. 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. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist prior to release of building permits. 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. 6. Sanitary sewer and water service to this site is being proposed from existing stubs in the Chatsworth Development to the west. These mains are installed but not activated yet. The City of Meridian does not guarantee service in the timelines outlined in the UDC. 7. The applicant shall install all sewer mains necessary to serve this development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. The applicant will be responsible to construct all water mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Lots 9 and 11, Block 1 do not meet the 30-foot minimum street frontage requirement per UDC 11-2A-3. Either revise the plat to get the minimum frontage allowed by ordinance or revise the plat to have the two lots share a common drive. If the lot lines are to be adjusted to have the required 30-feet of frontage, as measured by the chord, the applicant shall be responsible to move any water meters to ensure they comply with all City requirements on meter placement prior to signature on the final plat. 10. The applicant shall be responsible for the payment of assessments and the actual hook up to municipal services for the existing house. 11. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 12. Prior to the signature of the final plat by the City Engineer, the applicant shall submit a recorded cross access agreement with the property to the north if the driveway access to the existing home on Lot 8, Block 1 of Pisa Place Subdivision is placed on Lot 11, Block 6 of Chatsworth Subdivision. Exhibit "A" FP-06-026 Pisa Place Sub FP.doc PAGE 2 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPt~MENTS STAFF REPORT 13. The landscape plan, prepared by The Land Group and dated 12/13/05, shall be revised as follows: a. Include the tree class in the plant schedule for all trees shown. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 14. Revise or add the following note(s) on the face of the plat dated S/9/06, prepared by Briggs Engineering, Inc., prior to signature on the final plat by the City Engineer: (11.) Revise to read: "... in compliance with Title 11 ~ of the Meridian Gity Unified Development Code (12.) "...is not allowed ." (13.) Include instrument number. 15. Complete the Certificate of Owners and accompanying acknowledgement. 16. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. Exhibit "A" FP-06-026 Pisa Place Sub FP.doc PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA~IENTS STAFF REPORT 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe 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. 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 final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Pisa Place Subdivision with the above stated comments and conditions. Exhibit "A" FP-06-026 Pisa Place Sub FP.doc PAGE 4 Sonya Wafters From: kevin [kevinh@briggs-engineering.com] Sent: Monday, June 26, 200610:25 AM To: Nancy Radford Cc: Sonya Wafters Subject: RE: Pisa Place Packets Nancy. We agree to the conditions in the staff report dated June 22, 2006. Thank you Kevin Harris Rriy~g Fnylneenng InC. -----Original Message----- From: Nancy Radford [mailto:radfordn@meridiancity.org] Sent: Monday, June 26, 2006 8:55 AM To: kevin Subject: Pisa Place Packets _~'ur~c ~• Rr~cltorcl 13~ceptioniat Al~ridian Cit~• C'lerls niTice L~8 588-=1 18:3 t•aclfi~t'cln:~~.mc~ritliancit~~.ot•g 7/ 14/2006 };xhibit "}i" June 23, 2006 PP 06-002 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Landmark Development ITEM NO. ~ 5 REQUEST Continued Public hearing from June 6, 2006 -Request for a Preliminary Plat approval of 23 commercial lots on 22.85 acres in a C-G zone for Gateway Marketplace -southeast comer of Ustick and Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet /Minutes MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ June 23, 2~6 VAR 06-002 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Landmark Development ITEM NO. 16 REQUEST Continued Public hearing from June 6, 2006 -Request for a Variance for 2 access points to Eagle Road SH / 55 for Gateway Marketplace -southeast comer of Ustick Road and Eagle Road AGENCY COMMENTS r t.ylT-1 CL~RK.' a a t ~ _ _ 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: Bee Previous IfeBn Packet ~ MirwFes------•----------.--------•-a-------------------~---- Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shag become properly of the City of Meridian. Date: June 23, 2006 RZ 06-001 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT Dave Evans Construction ITEM NO. 17 REQUEST Public Hearing -Request for a Rezone of 5.40 acres from R-8 to L-O for Sundance Subdivision No. 5 -northeast comer of Ustick Road and Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P8,Z Item Packet /Minutes See attached Recommendations No Comment MERIDIAN POST OFFICE: OTHER: See attached Email from flm Mokwa Contacted: Emailed: U Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meddlan. • June 23, 2006 PP 06-014 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Dave Evans Construction ITEM NO. 18 REQUEST Public Hearing -Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-O zone for Sundance Subdivision No. 5 - nec of Ustick Road and Meridian Road AGENCY COMMENTS CITY CLERK: See attached P>liZ Item Packet /Minutes 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 Recommendations OTHER: See attached Ematl from Tim Mokwa Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • June 23, 200b MERIDIAN CITY COUNCIL MEETING APPLICANT Dave Evans Construction ITEM NO. 19 REQUEST Public hearing -Request to modify the previous CUP for a PD (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive-thru sites for Sundance Sub No. 5 - nec of Ustick & Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Email from Tim Mekwd See attached P>iiZ Item Packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. CUP Ob-011 June 27, 2006 ~. M106-001 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Dave Evans Construction ITEM NO. Z~ REQUEST Public Hearing -Miscellaneous application to modify the recorded Developmen# Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No. 5 -NEC of Ustick Road and Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See aHached Stall Comments No Comments MERIDIAN POST OFFICE: OTHER: See attached Email from Tim Molkwa Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publ(c meetings shall become property of the City of Meridian. i ~ VAC 06-004 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Dave Evans Construction ITEM NO. 21 RE4UEST Public Hearing -Vacation of existing utility easements on the interior lot lines for Lots 21,22, 25 & 26, Block 7, Sundance Subdivision No. 3 for Sundance Subdivision No. 5 -NEC of Ustick Road and Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Staff Comments No Comment See attached Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • i June 23, 2006 MERIDIAN CITY COUNCIL MEETING June 27, 2~6 AZ 06-018 APPLICANT Incline Vlllvge, LLC ITEM NO. ~, REQUEST Public Hearing -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 DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shalt become properly of the CNy of Meridian. June 23, 2006 PP 06-016 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Incline Village, LLC ITEM NO. 23 REQUEST Public hearing -- Request for Preliminary Plat approval of b4 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 COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached PAZ Item Pack®t / Mlnufes See attached RecommendaMons Contacted: Date: Phone: Emailed: Staff Initials: Materkuis presented at public meetMgs shall become property of the CHy of Meddtan. • • June 23, 2006 AZ 06-019 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 24 REQUEST Public Hearing -Request for Annexation and Zonig of 10.59 acres from RUT to R-8 zone for Southwick Subdivision - 1255 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations OTHER: See attaches! Af>~davit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 23, 2006 PP 06-018 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 25 REQUEST Public Hearing -Request for Preliminary Plat approval of 42 building lots' and 6 common lots on 10.59 acres in a proposed R$ zone for Southwick Subdivis'lon - 1255 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Pit<Z Item Packet /Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 23, 200b AZ 06-021 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Kencli Partners, LLC ITEM NO. Z6 REQUEST Public Hearing -Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C-G and R-15 zones for Kenai Subdivision -- south of East Overland Raod and west of South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See attached P&Z Item Packet / Mtnufes See attached Recommendations See attached Comments See attached Comments INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Rich >~ Glerie Fem Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: June 23, 2006 PP 06-019 MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT Kenai Partners, LLC ITEM NO. 27 REQUEST Public Hearing -Request for Preliminary Plat approval fo 101 single-family residential and multi-family residential lots with 6 common lots in an R-15 zone and 32 commercial lots with 29 common lots in a C-G zone for Kenai Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aHnched P&Z Item Packet /Minutes See attached Recommendations See attached Comments OTHER: See attached letter from Rich 8~ Gloria Fem Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C~ June 23, 2006 • Az ob-o2o MERIDIAN CITY COUNCIL MEETING June 27, 2~6 APPLICANT Northwest Pipeline Corporation ITEM NO. 28 REQUEST Ordinance -Request for Annexation and Z oning of 4.65 acres from RUT to a C-G zone for Williams Pipeline - 1 ~1 Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached OrcBnance ~~ `ry~~ off' Contacted: ~J~ ~~~ Date:~Q ~ Phone: Emailed: ~ Staff Initials: (~~, Materials presented at public meetings shall become property of the CHy of Meridian. AQA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; (. BOISE IDAHO 07/06/06 02~ DEPUTY Paitl Thompson ~ III I'I'I RECORDED-REQUEST OF illlllllllllllllllllllZII III City of Meridian Public Works 1 E~6108~~'~ CITY OF MERIDIAN ORDINANCE NO. ®~ ~. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-020 WILLIAMS PIPELINE ANNEXATION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTHEAST 1/ OF THE SOUTHEAST 1/ OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Williams Pipeline, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-020 WILLIAMS PIPELINE ANNEXATION Page 1 of 3 '~ ~~ SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION Cr. 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 S. 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 '~l:. , 2006. APPROVED BY THE #I-A~A~OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day off a~ 2006. A' `\\,,~~`a 411111111/ ~~ ~~ ,, ~ ~~ WILLIAM G. BERG, JR., CITY ~ ! . ~ ~ ti t'~~'° //~i/ a `''dda*~~ ~r,•e 3sv' ANNEXATION OF AZ-06-020 WILLIAMS°~IP,INE ANNEXATION Page 2 of 3 '• ~~ STATE OF IDAHO, ss County of Ada ) ~~1GtLt.t't ~~Lt.r~~~~, On this~~ day of (~ 2006, before me, the undersigned, a Notary Public in and for s id State, personally appeared. and WILLIAM G. BERG, JR., known to me to be the -and Ci Clerk, ~-~L~~le,: { ~+~Y_~< 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) s ~N 7(Nlyr C.C~{~//~.~e~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~i?/L{. % G~~r ~~ MY COMMISSION EXPIRES: 1 D /~ =(f ANNEXATION OF A~06-020 WILLIAMS PIPELINE ANNEXATION Page 3 of 3 . ~~ ~ 1 ELS ENGEBRITSOIVLANDSURVEPS,/NG 2259 S Sumac Street, Boise, Idaho 83706 Fehrttary 24, 2046 ELS fem. 250 NarHtrrest P€~Ilne C.apo~iam 1341 S. Locust Grove Reed Telephone (248) 859-6032 Fax (206J 383.0892 Ada County As.~ssor's Nurr~er Si i 18449200 Cgrrtairls 4.69 galas +! EXH~IT `A' Y~ MERIpIAN PUBLIC WORKS pEPT. A tract of land sitrra~d wiiftm a portion od the Souttreast % of the Sou~ea~t'/. of Sermon 18, Tow~rip 3 North, Rarrge 1 Easly Aller~ial, Ada County, Idatro and desrcl as fiotiOrl+s: Conurrencirrg at the South~st of said Section 1 ti flan which tare Easy'/a ~ said Sedk~n berms N~ 00°31'-S2" East a di~noe of 2659.40 feet, thence northerly abrrg the Ire of said South~t %. of the Sar#r~t Y• of Section 18 North 00°-31'-3 East a dis~rroe cd 37Q46 feet to fhe t~OINT OE t1EGINNING. Therrr~e said easterly fine Nadir 89°-26'-56' Went a dNterrce of 54.E fe8t to a tnurM stoat pbr on the ~~Y righ~-~-ay Una of soutlr La~cust Game goad; Ttrent~ cxxu+tirruirg Nord ~°-2ti`~6` Wier a of 70.41 #aet 1o a found seal pu-; Thence North 42°-10' 27" West a die of 167.E feet>Q a Band steel p~; Thence Nrx6t 31° Vii'-11' We,~t a d~roe of 310.32 fet~io a fraq~d steel pin: Tltenoe North 00°-43'-fl0' West a dist~ce ~ 237.114 feet 1a a torard steel pin; Therxe North ti9°~40 =16° East a d~arx~e of 321.90 feet to a point on said writ' rlghtsof-way Imo; Throe corttkwirg Nalrtlr 89°~ 16` East a droa of ~.~ ~ 1u a point an said easterly line; Therrc~ saitlterly along said eesber{y titre Sarin Ol?°-3i'-32" West a distarroe ~ 626 48 feet b U>ie t'OiNT 01~ BC-GINNING. The ebove~desrxibed irk of fart t~ar~ns 4 6'9 acs ar 204,919 squall led more or less and is su6jer~ 9u ad easements and rghfs-o~way, See I_xhit~it `8' attadnal here anti made a part of. • oosar~xo»rro~raza~os.noc 03/23/2006 09:15 208930 Mar 22 OB ~:47p Mlk~ Eng®b~r-~son HABITEC X08) 301 V~ PAGE 02/02 ~8 ~~ ~ ~' ig ~ ~~ ~~ ~ ~~ ~ ~ ~~~ ~ M~ ~06'tZ£ ~ .80'88 ~ N• I Cop ~ :'~ ~i a, ~~ ~U $ i ~o ~~ ~ ~~ ~~ ~ ~W'' ~ z I a a~ ~:~ ~~~ I~ o~ ~~ \ ~ ~ y ~ '~ o' ,.~~ I w ~ 3 ~ ~~y~,yOR gtpsf~ ~V 4 m O~ ~0 tai,{ 40 ~W ~ ~ ~ ~ ~ ~ N °'~''~ N~ oy6p~d~~ V1 W W y ~~ Z~ M ~~ "VT I~t ~ ~~ ~N ^ o w W ~v ~ ~ 00 ~v eel ~+. '"' ~ • ~ H Q ~ ~ gym' S~~~ ~~.. a~ ~' ~ ~ ~ ~ •~~ ~ ~ ~ ~~ ! I ~ ~ ~ o.. /v I ~ ~ ~~ a ,~Q ~~~~ ~ ~ ~ ~ . cn ~`~_ .00'6 ~ M~95.Q 68N Lb'~+ L ~ a U`.r r I ~ ~ (1 1 ao~ 1 ~ ~ ~ ~ xN I ~ ~ ~ o a ~~ ~ ~ ~ ~ ~.:_._ ~-----.._oao~ ann~~nv_ 3 __~ 78 7? ~ ro ao i ~ ~ (~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- 1~,3 ~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast % of the Southeast'/ of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County,. Idaho, more particularly described in Attachment «A,~ This parcel contains 4.65 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the --~ day of _ , 2006. Mayor and City Council of e ity of Meridian By: William G. Berg, Jr., City Clerk First Reading: ~- ~.7~®,~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES ,~ NO Second Reading: -- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY A5 TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- ~,~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- /Z~~ 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 ~~e , 2006. -.rte Qtr ~"' William. L.M. Nary, City Attorney ORDINANCE SUNIlVIARY AZ-06-020 WILLIAMS PIPELINE ANNEXATION Page 1 of 1 June 23, 2006 MERIDIAN CITY COUNCIL MEETING June 27, 2006 AZ 05-045 APPLICANT MS~H Development, LLC ITEM NO. 29 REQUEST Ordinance -Request for Annexation and Zoning of 91.085 acres from RUT to R-4 zone for Reflection Ridge Subdivision - 4275 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance ~~°'vw e+pe, i .+~ ~ asr_. ~ t~ Date: ~ d Phone: ~w~~ ~ ~ Staff Initials: ~(,/~~ Materials presented at public meetings shall become properly of the City of Meddfan. ADA COUNTY RECORDE J. DAVID NAVARRO AMOUNT .00 F ( BOISE IDAHO 0710fi1Ofi ~ PM DEPUTY Patti Thompso III IIII'IIIIIIIIII'lllllll'I'lllll'll RECORDED-REQUEST OF 1 E~~ 10831 City of Meridian Public Works CITY OF MERIDIAN ORDINANCE NO. ~~ ~ f BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-OS-045 REFLECTION RIDGE PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDL~N, 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-4 (LOW DENSITY RESIDENTIAL) IN THE MERIDL~N CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIItED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDL~N, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: M & H Development, LLC. SECTION B. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-045 REFLECTION RIDGE SUBDTVISION Page 1 of 3 (~ 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. herewith are hereby repealed, rescinded and annulled. passage, approval and publication, according to law. 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. of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of , 2006. SECTION 5. That the City Engineer is hereby directed to alter all use and area SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict SECTION 'Y. This ordinance shall be in full force and effect from and after its SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, (~ this ~~ day off , 2006. A' f ~lldP ~6~ J's ~~~~" WILLIAM G. BERG, ANNEXATION OF AZ-OS-045 REFLECTION RIDGE SUBDIVISION Page 2 of 3 ~i (~ STATE OF IDAHO, ) ss. County of Ada ) On this day of ;,~~(~, , 2006, before me, the/ undersigned, a Notary Public in and for said State, personally appeared T""'"` "-`~-'- ~.~-~ C~1,t.vlGc. ~ and WILLIAM G. BERG, JR., known to me to be the ~ and City Clerk, ,~ '1" ~'e~ ~+~~ respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 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: Y~.-e. ~~ .f1~ MY COMMISSION EXPIRES: /~-,~S lr ANNEXATION OF AZ-OS-045 REFLECTION RIDGE SUBDIVISION Page 3 of 3 (• r• X ~~rn~' St~r~+~ys, ~~~~ 4~ Overland Rd. STE 162 d Bola Idaho d 63TO.R d ~8-342-7957 ©20&312-7437 FAX REELECTION RIDE ANNEXATION DESCRIPTION A PORTION OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE (MERIDIAN, ADA COUNTY, IDAHO ~ . A portion of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Center %4 Comer of said Section 30, the TRUE POINT OF BEGINNING; thence along the North-South Center of Section Line, North 00°08'02" West, a distance of 1113.93 feet to the beginning of a non-tangerrt curve to the right on the cen#erline of the Ridenbaugh Canal; thence along said centerline the following courses and distances: along said non tangent curve to the right having a length of 152.90 feet, a radius of 251.76 feet, a central angle of 34°47'46", tangents of 78.89 feet, and a long chord which t=ears South 42°21'06" East, a distance of 150.56 feet; Soutrr 24°57'13" East, a distance of 378.12 feet to the beginning of a curve to the left; along said curve to the left having a length of 115.22 feet, a radius of 315.00 feet, a central angle of 20°57'29", tangents of 58.26 feet, and a long chord which bears South 35°25'58" East, a distance of 114.58 feet; South 45°54'42" East, a distance of 808.09 feet to a point on the East West Center of Section line of Section 30; thence along said East-West Center of Section Line, South 89°43'54" West, a distanc.~e of 71.43 feet more or less, to the South side of the Ridenbaugh Ganal, as called for in Quit Claim Deed Instrument Number 102158440; thence along said South side the following courses and distances: South 45°50'45p East, a distance of 1032.09 feet more or less, to the beginning of a curve to the left; along said curve to the left having a length of 279.14 feat more or less, a radius of 800.00 feet, a centra4 angle of 19°59'31 ", tangents of 141.00 fee# more or less, and a long chord whicfr bears South 55°50'31" East, a distance of 277.72 fit more or less; South 65°50' 16" East, a distance of 417.14 feet more or less, to beginning of a curve to the left; along said curve to the left having a length of 282.05 feet more or less, a radius of 300.00 feet, a central angle of 53°52'04", tangens of 152.42 feet more or less, and a long chord /• which bears North 87°13'42° Eas#, a distance of 271.78 feet more or less; North 60°17'40° East, a distance of 201.31 feet more or less, to the Easterly boundary of Section 30; thence along said easterly boundary, South ~°30'07° East, a distance of 385.00 feet more or less to the South 1/1~" Comer common to Sections 30 and 29; thence along the South 1/16"' line of Section 30, South 89°46'51 West, a distance of 2631.28 feet to the Center-South 1/16' Comer of Section 30; thence along the North-South Center line of Secttion 30, South 00°08'02° East, a distanoe of 167.53 feet to the most Southerly comer or property described in Personal Representatives Deed Instrument Number 99008747; thence along the Southerly boundary of said Personal Representatves Deed the following courses and distances: North 38°33'24 West, a distance of 126.24 feet; North 52°28'308 West, a distance of 595.70 feet; North 60°34'04'° West, a distance of 244.40 feet; North 64°04'S5D West, a distance of 164.59 feet; North 65°54'09° West, a distance of 453.96 feet to a point on the West 1/16"' line of Section 30; thence along said west 1/16' line, North 00°00'23A West, a distance of 646.52 feet to the Center-West 1/16"' Corner of Section 30; thence along the East West Center Section line of Section 30, North 89°44'36° East, a distance of 1323.01 feet to the TRUE POINT 4F BEGiNNfNG. Con#aining 91.085 acres, more or less. Subject to existing easements and rights-af~vay as any may exist, of record or not of record. tt is the intention of this description to include all of the property described in Quit Claim Deed Instrument number 102158440, Personal Represen#atives Deed Instivmerrt Numb 99008747, Quit Claim Deed Instrument number 96005405, and Quit Claim Deed Instrument number 99112159, including any portions of these properties not de ibed in this document, RE Ew APP~tQV ..~~~~`°_°~ a Refer to attached sketch. AUK ~ 0 ~00~ Fox Land Surveys, tnc. Timothy J. Fox, President, PLS 7612 anE~+©{A~ PuBUc END 4F D ~ N TJF:faj ~f/:1P1t03F.CTS120dSWS8Z$.PRAt~ i41528ANNE)IDE3C(8-15-03~DC1C ~ r 0 ~ ~'30'07°E ~ U a ca ~ Z~, ON ~ $ ~ h H Q/! ,~ d ail t/ x ~ ~ ~ ,~ ~'~ ~~ ~~-" ~ ca=r c°°°°nA.' ~ ~ ,n ~`~ ~ $ ~ W ~ Q ~~ ~ ~~ ~~ ~ ~ ~ ~ ~ a s~ c a ~ W d z~~ y z c'~au ® ~~i i ® ~' r i" ~ 1" Q a~ Q~ m ,~~-~ ~ I~ ~~~s~ w so ~~,~~ c~ ---- t~ ~ ~.y-~ a ~~` ~ ~ ~ ~ .o- ~" 3~'' (Q i 113:93' _ {-- ~ ~ N ~ L1... ~ o $ ~ °z ~ ~ 2 h i r~ $ c5 ca ~ z~F ~ °` o~ ~ of a u°Ci~~~ ~~ ~ a- o d dm r,--,s o a~a~ ~~~_ ,~ ~ ~~~~ f m ~ ~ ~ ~ ( ~ ~.,sz.~.o~,a U ?C i `i ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06-_ ~ ~. PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 91.085 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian}„~~~~~ This ordinance shall become effective on the ~ day of ~~.Q,,, ~~~~', °jisa >,, • / ~ /~,, ~ ~i Mayor and City Council of e qty f Me ' - By: William G. Berg, Jr., City Clerk ~ First Reading: ~ r~?~.®~ -~~ ~~~~ ~~ Rule as allowed pursuant to Idaho Ggd~ - `t~,`ti Second Reading: °- %''~ f, r , E, , ~ ~ c~,~~ading: by suspension of the _ NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- / ~- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~j O~`" day of ~~~ 2006. William. L.M. ary, rty Attorney ORDINANCE SUMMARY - A~OS-045 REFLECTION RIDGE SUB Page 1 of 1 June 23, 200b MERIDIAN CITY COUNCIL MEETING June 27, 2006 APPLICANT ITEM NO. 3O REQUEST Executive Session per Idaho State Code b7-2345(1)(a)©8~(d) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian.