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HomeMy WebLinkAbout2006-07-18• ",.. 14, CITY OF v y IDAHO P SPR s8 rREASURE� Y !.711M3 0 Revised 7-18-06 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 18, 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 absent Joe Borton Charlie Rountree X Keith Bird ?_ Mayor Tammy de Weerd 2. Pledge of Allegiance: lee vin C14 7 13°� fC'&&;f-TkV0/° 93 3. Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting: A 72-Yvw v 7 — B. Findings of Fact and Conclusions of Law and Order for Approval: 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: C. Findings of Fact and Conclusions of Law and Order for Approval: 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 47w" wA---1 Meridian City Council Meeting Agenda — July 18, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Revised 7-18-06 D. Findings of Fact and Conclusions of Law and Order for Approval: 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 comer of Ustick Road and Meridian Road : Aja Yot- E. Findings of Fact and Conclusions of Law and Order for Approval: 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: F. Findings of Fact and Conclusions of Law and Order for Approval: 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: G. Findings of Fact and Conclusions of Law and Order for Approval: 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: a0*11no00- H. Findings of Fact and Conclusions of Law and Order for Approval: 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: 4j:;,p '®vim Sa3 I. Resolution No. A6 — : VAC 06-006 Request for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 for Hastings by Monterey, LLC - 2300 West Everest Lane: AIY"V-C-- Meridian City Council Meeting Agenda — July 18, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 10 Revised 7-18-06 5 21 j J. Resolution No. : VAC 06-009 Request for a Vacation of a 10 foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development, LLC - on Commercial Drive, west of Nola Road, north of East Franklin Road: aV91A-a &, K. Development Agreement: AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC - northwest comer of Chinden Boulevard and Linder Road: a7�"o-c.- L. Development Agreement: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC - southwest comer of Linder Road and Chinden Boulevard: a7, -- M. Approve Water Main Easement Agreement for Smoky Mountain Pizza by Fairview Lakes, LLC: oL, vc-, N. Approve Permanent and Temporary Easement Contract for Steven C. Smith: a71y�--c— O. Approve Agreement for Professional Services for Black Cat Trunk Sewer Phase 4 with JUB Engineers: P. Award Bid for Well No. 17 Pumping Plant to Treasure Valley Drilling &Pump Company: �� 321 04f - .,go Q. Approve Agreement for Professional Services with BBC Research & Consulting for Fiscal Impact Analysis: 6. Department Reports: A. Mayor's Office 1. Agreement with CGI Communications, Inc., for a Community Mini Movie Showcase: a,,/y9-ravA, B. Public Works Department - Len Grady 1. Bittercreek Agreement: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — July 18, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 10 Revised 7-18-06 8. Tabled from July 11, 2006: FP 06-027 Request for 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: e-ry " w -c-. 9. FP 06-031 Request for Final Plat approval for 23 single-family residential building lots and 2 common lots on 5.11 acres in an R-8 zone for Sharp Estates Subdivision by Sharper Investments, LLC - south of Ustick Road and west of Eagle Road: e4)419�"VA 10. Continued Public Hearing from June 22, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects - 1777 Victory Road: Oa,, l- 1, /h {.p $--22 -oG 11. Continued Public Hearing from June 22, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects -1777 Victory Road: 12. Continued Public Hearing from June 22, 2006: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group - southwest comer of N. Locust Grove and Chinden Boulevard: 6,ry,S -p/A. /,o $_ jq-06 13. Continued Public Hearing from June 27, 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 U tick Roadpnd Eagle Road: 14. Public Hearing: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: 15. Public Hearing: PP 06-007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: pp,�ed,� � /-C K 16. Public Hearing: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: 17. Public Hearing: PP 06-022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Meridian City Council Meeting Agenda — July 18, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 Revised 7-18-06 Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 W. Daphine Street: llo'e ca A-1- 18. Public Hearing: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: Goan=� pAh 74W Bi -A-V, 65), Zoo 6 19. Public Hearing: PP 06-023 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: C0 ,z -j P/h, 1�w �+a. !� 2�004jf 20. Public Hearing: AZ 06-025 Request for Annexation and Zoning of 95.57 acres from RUT to R-8 and L -O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast comer of West Franklin Road and South Black Cat Road: fit., 21. Public Hearing: PP 06-024 Request for Preliminary Plat approval of 406 single-family residential lots, 1 office and 23 other/common lots on 94.05 acres in the proposed R-8 and L -O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast comer of West Franklin Road and South Black Cat Road: 22. Ordinance No. ®,i� ®12- 4'2r AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC — southwest comer of Linder Road and Chinden Boulevard: 4&"V -C_ 23. Ordinance No. AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN - C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: rww,-o_ 24. Approve 2007 Fiscal Year Tentative Budget: J � 60 35�� Meridian City Council Meeting Agenda — July 18, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. crrY of 81� CITY COUNCIL REGULAR CW6r,lGl�1G€'YI MEETING AGENDA IDAHO yF /� Cs�,E R r' `Z NEE v Y 19DI City Council Chambers 99©3 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 18, 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 absent Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: 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: C. Findings of Fact and Conclusions of Law and Order for Approval: 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 Meeting Agenda — July 18, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888A433 at least 48 hours prior to the public meeting. 0 • D. Findings of Fact and Conclusions of Law and Order for Approval: 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 comer of Ustick Road and Meridian Road E. Findings of Fact and Conclusions of Law and Order for Approval: 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: F. Findings of Fact and Conclusions of Law and Order for Approval: 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: G. Findings of Fact and Conclusions of Law and Order for Approval: 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: H. Findings of Fact and Conclusions of Law and Order for Approval: 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: I. Resolution No. : VAC 06-006 Request for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 for Hastings by Monterey, LLC — 2300 West Everest Lane: Meridian City Council Meeting Agenda — July 18, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • J. Resolution No. : VAC 06-009 Request for a Vacation of a 10 foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development, LLC — on Commercial Drive, west of Nola Road, north of East Franklin Road: K. Development Agreement: AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: L. Development Agreement: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC — southwest comer of Linder Road and Chinden Boulevard: M. Approve Water Main Easement Agreement for Smoky Mountain Pizza by Fairview Lakes, LLC: N. Approve Permanent and Temporary Easement Contract for Steven C. Smith: O. Approve Agreement for Professional Services for Black Cat Trunk Sewer Phase 4 with JUB Engineers: P. Award Bid for Well No. 17 Pumping Plant to Treasure Valley Drilling & Pump Company: Q. Approve Agreement for Professional Services with BBC Research & Consulting for Fiscal Impact Analysis: 6. Department Reports: A. Mayor's Office 1. Agreement with CGI Communications, Inc., for a Community Mini Movie Showcase: 7. Items Moved from Consent Agenda: 8. Tabled from July 11, 2006: FP 06-027 Request for 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: Meridian City Council Meeting Agenda — July 18, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • 9. FP 06-031 Request for Final Plat approval for 23 single-family residential building lots and 2 common lots on 5.11 acres in an R-8 zone for Sharp Estates Subdivision by Sharper Investments, LLC — south of Ustick Road and west of Eagle Road: 10. Continued Public Hearing from June 22, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects —1777 Victory Road: 11. Continued Public Hearing from June 22, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: 12. Continued Public Hearing from June 22, 2006: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group — southwest comer of N. Locust Grove and Chinden Boulevard: 13. Continued Public Hearing from June 27, 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: 14. Public Hearing: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: 15. Public Hearing: PP 06-007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: 16. Public Hearing: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 W. Daphine Street: 17. Public Hearing: PP 06-022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Hams of Briggs Engineering — 4052 & 4202 W. Daphine Street: Meridian City Council Meeting Agenda — July 18, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • 18. Public Hearing: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: 19. Public Hearing: PP 06-023 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: 20. Public Hearing: AZ 06-025 Request for Annexation and Zoning of 95.57 acres from RUT to R-8 and L -O zones for Baraya Subdivision by RMR Consulting, Inc. -- southeast comer of West Franklin Road and South Black Cat Road: 21. Public Hearing: PP 06-024 Request for Preliminary Plat approval of 406 single-family residential lots, 1 office and 23 other/common lots on 94.05 acres in the proposed R-8 and L -O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast comer of West Franklin Road and South Black Cat Road: 22. Ordinance No. AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC — southwest comer of Linder Road and Chinden Boulevard: 23. Ordinance No. AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN - C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest comer of Chinden Boulevard and Linder Road: 24. Approve 2007 Fiscal Year Tentative Budget: Meridian City Council Meeting Agenda — July 18, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONF& ION REPORT AS OF JUL 14 '06:22 PAGE.01 CITY OF MERIDIAN i c -S E, ?D� �r `P LA � G N o -i U_" - l k,44k & I11 CITYOf, � wnHo /y CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 18, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Counc# are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll -call Attendance: Shaun Wardle absent Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting.- B. eeting: B. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for 9it_ew__aj Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06.001 Request for a Rezone of 5.40 acres from R- 8 to L-0 (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction — northeast comer of Ustick Road and Meridian Road Meridian City Council Meeting Agenda --July 18, 2106 Page 1 of 5 AD materials presented at public meetings shall become property of the City of Meridian. Anyone desiring aaommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 88844.33 at least 48 hours prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 22 07/14 1558 3810160 EC --S 02'47" 005 172 OK 23 07/14 16:01 PUBLIC WORKS EC --S 01135" 005 172 OK 24 07/14 1603 8848723 EC --S 01'35" 005 172 OK 25 07/14 1606 WATER DEPT EC --S 01'36" 005 172 OK 26 07/14 1608 2088840744 EC --S 01'39" 005 172 OK 27 07/14 16:10 POLICE DEPT EC --S 01'35" 005 172 OK 28 07/14 16:12 8985501 EC—S 01'34" 005 172 OK 29 07/14 16:14 LIBRARY EC—S 01'36" 005 172 OK 30 07/14 16=16 IDAHO STATESMAN EC—S 01'35" 005 172 OK 31 07/14 16:18 3886924 EC --S 01'35" 005 172 OK 32 07/14 1621 P—AND—Z EC --S 01'36" 005 172 OK i c -S E, ?D� �r `P LA � G N o -i U_" - l k,44k & I11 CITYOf, � wnHo /y CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 18, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Counc# are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll -call Attendance: Shaun Wardle absent Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting.- B. eeting: B. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for 9it_ew__aj Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06.001 Request for a Rezone of 5.40 acres from R- 8 to L-0 (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction — northeast comer of Ustick Road and Meridian Road Meridian City Council Meeting Agenda --July 18, 2106 Page 1 of 5 AD materials presented at public meetings shall become property of the City of Meridian. Anyone desiring aaommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 88844.33 at least 48 hours prior to the public meeting. W-* TX CONF&ION REPORT Hwc AS OF JUL 14 '0 :47 PAGE.01 CITY OF MERIDIAN V Le C -S b ?D3 & �;, `P 6,lo+,i. G N o+i u, -- [ hta vLk S! f �pp ��►► c"V Of, ���VIEi'IG�IGfY! • � ,�y IDAHO y� y V r CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 18, 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 absent Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: VAR 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: C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-001 Request for a Rezone of 5AD acres from R- 8 to L-0 (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction — northeast comer of Ustick Road and Meridian Road Meridian City Council Meeting Agenda --July 18, 2006 Page i of 5 All materials presented at public meetings Shap become property of the City of Meridian. Anyone desiring axommodation for disabilities related to documents and/or hearing, Please contact the City Clerk's office at 8884133 at least 48 hours prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 07/14 16:23 FIRE DEPT EC—S 01135" 005 172 OK 02 07/14 16:25 208 888 2682 EC --S 01'37" 005 172 OK 03 07/14 16:27 208 387 6393 EC --S 01'35" 005 172 OK 04 07/14 16:29 ADA CTY DEUELMT EC—S 01'37" 005 172 OK 05 07/14 16:31 2088885052 EC --S 01'36" 005 172 OK 06 07/14 16:34 LAKEVIEW GOLFCOU G3—S 03'15" 005 172 OK 07 07/14 16:37 POST OFFICE EC—S 02'45" 005 172 OK 08 07/14 16:41 IDAHO ATHLETIC C EC --S 01'36" 005 172 OK 09 07/14 16:43 ID PRESS TRIBUNE EC --S 01'37" 005 172 OK 10 07/14 16:46 2088886701 EC --S 01'36" 005 172 OK V Le C -S b ?D3 & �;, `P 6,lo+,i. G N o+i u, -- [ hta vLk S! f �pp ��►► c"V Of, ���VIEi'IG�IGfY! • � ,�y IDAHO y� y V r CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 18, 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 absent Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: VAR 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: C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-001 Request for a Rezone of 5AD acres from R- 8 to L-0 (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction — northeast comer of Ustick Road and Meridian Road Meridian City Council Meeting Agenda --July 18, 2006 Page i of 5 All materials presented at public meetings Shap become property of the City of Meridian. Anyone desiring axommodation for disabilities related to documents and/or hearing, Please contact the City Clerk's office at 8884133 at least 48 hours prior to the public meeting. 0 0 Meridian City Council Meeting July 18, 2006 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, July 18, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Gene Trakel, Kenny Bowers, Len Grady, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call our meeting to order. Good evening. We appreciate you joining us here tonight. It is Tuesday, July 18th. It's five minutes after 7:00. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. Tonight will be led in the pledge by Kevin Clay. He's with Troop 93. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: De Weerd: Kevin, I would like to thank you. I have a City of Meridian pin to present to you. Thank you for leading us. Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Robert Cutler. He is with Christ Lutheran Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Cutler: Let us pray. Unless you, oh, Lord, keep the city, the wickedness and cunning of sinful people will surely destroy us. Lord, in this time of rapid growth in our blessed City of Meridian, Lord, we pray that you would bless the growth of our city and that you would keep us from frustration and -- with traffic and all sorts of things that would cause us to be frustrated. Lord, we pray that you would be with us as we travel and as we see all the growth, Lord, that we would give thanks to you for all the blessings that you have Meridian City Council • July 18, 2006 Page 2 of 56 given to us. Lord, we come to you, placing in your hands the needs of our city, asking you to give wisdom and ability, sane judgment, and moral purpose to those who govern us. Lord, we know that the task is difficult, the duties are many, and the responsibilities are heavy and we pray, Lord, that this City Council, the Mayor, and all who serve our city would support them -- that you would support them with your might, that crime and lawlessness might be controlled, righteousness and integrity prevail. Lord, we pray that for each of us that you would make me to be, oh, Lord, a law abiding citizen, one who will seek the welfare of the community. Above all, Lord, grant that more people in our city will accept Jesus as their Savior, serve him with faithfulness and untiring zeal. Make ours, Lord, truly a Christian community. Give us officials who dedicate themselves wholeheartedly to you and to their tasks and to their assignments. Then, Lord, yours is the glory and the praise through endless days, we pray this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some resolutions on our agenda. Under the Consent I is 06-523, J is 06-524 for resolutions. And on the regular agenda Item No. 22 is Ordinance 06-1242 and 23 is 06-1243. And with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 5, 2006 Pre -Council Meeting: C. Findings of Fact and Conclusions of Law and Order for Approval: 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 • July 18, 2006 Page 3 of 56 D. Findings of Fact and Conclusions of Law and Order for Approval: 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 E. Findings of Fact and Conclusions of Law and Order for Approval: 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: F. Findings of Fact and Conclusions of Law and Order for Approval: 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: G. Findings of Fact and Conclusions of Law and Order for Approval: 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: H. Findings of Fact and Conclusions of Law and Order for Approval: 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: I. Resolution No. 06-523 VAC 06-006 Request for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 for Hastings by Monterey, LLC — 2300 West Everest Lane: Meridian City Council • July 18, 2006 Page 4 of 56 J. Resolution No. 06-524 VAC 06-009 Request for a Vacation of a 10 foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development, LLC — on Commercial Drive, west of Nola Road, north of East Franklin Road: K. Development Agreement: AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest corner of Chinden Boulevard and Linder Road: L. Development Agreement: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC — southwest corner of Linder Road and Chinden Boulevard: M. Approve Water Main Easement Agreement for Smoky Mountain Pizza by Fairview Lakes, LLC: N. Approve Permanent and Temporary Easement Contract for Steven C. Smith: O. Approve Agreement for Professional Services for Black Cat Trunk Sewer Phase 4 with JUB Engineers: P. Award Bid for Well No. 17 Pumping Plant to Treasure Valley Drilling & Pump Company: Q. Approve Agreement for Professional Services with BBC Research & Consulting for Fiscal Impact Analysis: De Weerd: Okay. Item 4 -- or Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On our Consent Agenda Item B we would like to pull to 7-13 and with that our -- the Consent Agenda also includes Resolutions 06-523 and 06-524. And for the rest of the Consent Agenda I move that we approve it and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council July 18, 2006 Page 5 of 56 De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Agreement with CGI Communications, Inc., for a Community Mini Movie Showcase: De Weerd: Okay. Thank you. Okay. Under Item 6, Department Reports, tonight Shelly Houston will discuss an item under the Mayor's Office, the agreement with CGI Communications for a community mini movie showcase. Shelly has some examples of what kind of end product this agreement will lead to and I might note it is at no cost. Shelly. Houston: Good evening. My name is Shelly Houston, I'm the new Community Communications Coordinator here for the City of Meridian. I'm here tonight to tell you about an exciting opportunity we have been offered, which could help us use new technology to introduce Meridian to prospective residents and, more importantly, attract high quality businesses to our city. For the past several weeks city staff members have been reviewing an offer from a New York based company called CGI Communications. Their offer to us and to many other cities across the country, is to fully produce a series of five one minute mini videos, which would showcase our city's best features and offer web users throughout the world the chance to see a view of our city through streaming video they could access through one simple click from our website. Let me show you a sample one of these mini videos for Orem, Utah, chose to produce with this organization and, then, afterwards let's talk a little bit more and I will tell you a few more details. (Video shown.) Houston: Allow me to narrate. I'm sorry. That was an oversight on our part. I'm sorry for the oversight on the audio. This man speaking is the mayor of Orem, Utah, giving a brief welcome address and inviting viewers from this website to learn more about the city. He's talking about some of the city's features and the video will continue on to show some of the physical features, the beauty of the area. They are talking about the nice mixture of people, that it's a young, vibrant community. He's highlighting some of the shopping areas, dining, entertainment, quality of life, education, business, and it's all narrated with professional voiceover on content that's been chosen by their city and, then, this production company has gone out and made a visit to Orem and shot all the video and helped work on the script and, really, what they have chosen to do is have Meridian City Council • July 18, 2006 Page 6 of 56 five one minute segments. You can see over to the left they have chose to have a welcome message, a message on real estate and relocation. Below that we see health care and senior issues, I believe. Or senior living it might be called. We, too, would have that option or ability to choose which sections we wanted to highlight. Some of the potential topics we are looking like a message from the Mayor, like a welcome, business and industry, education, quality of life, recreation, tourism. We could choose downtown Meridian or city services and we would have the ability to update our contents as often as we'd like or change topics. Some cities have even used their site on their website to use special purposes like recruiting police officers, which is kind of a unique use for this. But, basically, we have carte blanche to use the five minutes as we see fit and we are also confirming whether we can use the video, which we are thinking we can, we can copy these little videos onto little mini CD-roms, which would get tucked in the economic development packets that we regularly send out to prospective residents and developers who are thinking of making Meridian their home. And that's a really good fit with some of the other renewed emphasis we are going to be having soon on economic development as reflected in the budget hearings last week. So, we think that's a really nice tie in. And here is the catch, best of all, to have this little series of mini videos produced are absolutely free. And I know you're saying free, but, Shelly, there is no such thing as a free lunch. And, of course, we said the same thing and, of course, we couldn't agree. The way this company would help pay for its costs and perhaps turn a profit is by selling sponsorships to a number of Meridian businesses and these sponsors, then, would get their logo kind on this section of our website and that is where their revenue generation would come. But it was entirely up to them to sell the advertising, certainly not ours. Potential sponsors could be health care providers, insurance companies, home builders, commercial developers -- in fact, I think we already know of several residential and commercial developers who would be interested in kind of sharing in some of our branding efforts, so that would be a good fit. And, best of all, our legal staff has checked this out entirely, they have checked out the company and reviewed the contract they have proposed for us, and they feel comfortable about us accepting this opportunity. To date several cities have taken advantage of having these streaming videos produced and we are eager to join them, since we think it's a good way to support our message around the world that Meridian is an excellent place to live, work, and raise a family. Isn't that beautiful? Anyhow, I apologize for the audio difficulty, but I think you get the idea. Meridian would look awfully pretty on video. So, can we entertain any questions or answer anything for you? De Weerd: Council, do you have any questions? Bird: She's done such a great job, we don't need any questions. De Weerd: Charlie. I mean -- Rountree: Madam Mayor? De Weerd: -- Mr. Rountree. Meridian City Council • • July 18, 2006 Page 7 of 56 Rountree: That's fine. What's the time line? Houston: We are told -- because we have a concern, too, about the time line, because we would want them to come and videotape Meridian when it's leafy and green and floral and pretty and not dull and dead and, you know, dry grass color. So, they assure us that it would be probably within -- within a matter of weeks, Cheryl? Yeah. Within a matter of weeks they could probably begin. We certainly wouldn't, you know, want it to be when -- during kind of our dull, dead season in terms of our greenery and flora and fauna, so -- Rountree: Thank you. De Weerd: Okay. Houston: Because we are beautiful in every season. That's right, Will. De Weerd: Council, any other questions? And this really is for our attempts in getting family wage jobs and using it for our district targeting, so -- Houston: Thank you for your attention. De Weerd: Thank you, Shelly. So, we would need your approval tonight to move forward and they are looking for your -- we are looking for your direction. Rountree: Madam Mayor, apparently, there is a contract document involved in this? De Weerd: Yes. It is in your packets. It has been reviewed. Emily Cain was the attorney that did the initial review and she found a couple of items that we brought to them and said unless this is changed we can't move forward. They changed it and Bill Nary sent an e-mail -- and I don't know if that is attached or not, but he feels comfortable in moving forward with it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Unless the Council has further questions, I would make a motion that we approve the agreement with CGI Communications, Incorporated, for a community mini movie showcase and authorize the Mayor to sign. Rountree: Second. De Weerd: Okay. I have a motion to approve the agreement in 6-A-1. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. Meridian City Council July 18, 2006 Page 8 of 56 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Shelly and Cheryl, thank you foOr being here tonight and we appreciate it and, Council, we will keep you informed as to every step. Thank you. B. Public Works Department — Len Grady 1. Bittercreek Agreement. De Weerd: Okay. Item 6-B. Len. Grady: Madam Mayor, Members of the Council, I'm here tonight to talk briefly about Bittercreek Meadows. You remember awhile back we were -- we had developed an MOU for providing services down on the Mason Creek area and what I need to talk about tonight is the developer has come forward with some agreements that have been typically signed by the city engineer and I just wanted to make sure that -- that you want the city engineer to continue to sign these type of agreements. They are nonbuild agreements, nonoccupancy, and consent to annex agreements. The city attorney has agreed -- has reviewed all of the agreements and is in -- is okay with them. Now, by signing these agreements we are not finalizing that agreement with Bittercreek, there will be one more paper that will come in front of you probably within the next couple three weeks. So, these are merely agreements that he can get in place and put in his CCRs. Like I say, Brad used to sign these. With the new engineer and new city attorney, I felt it was appropriate to bring them back in front of you just to make sure that we have the authority. De Weerd: Thank you, Len. Council, discussion, concerns, or questions for Len? Mr. Baird. Baird: Madam Mayor, Members of the Council, it's true that Bill Nary did review these. have got them in front of me and it appears that it's just having Mr. Grady fulfill an administrative requirement. I think because he's signing on behalf of the city, what we might want to do, if you're in agreement, is that we would bring back a general resolution saying that for items of this type you're delegating signature authority to the city engineer. That way if there is any question that his signature is valid, you have got an official document from this body that gives him that authority. That would be my additional suggestion. I don't know if Bill had mentioned that, but I'm thinking here if you're going forward you just go on a motion -- it really -- it doesn't give the record of you giving him this authority, administrative authority. De Weerd: Mr. Baird, I believe we have also implemented since our purchasing agent came on, a better system for contract approval and tracking. So, as long as it goes through those checkpoints I think if Council would consider this continued practice, we have other checks and balances that we have initiated since as well, so I would ask for your direction. Meridian City Council July 18, 2006 Page 9 of 56 Bird: If we have changed the policy I'd like to know. De Weerd: It's not a policy, it is a process. Rountree: Process improvement. Madam Mayor? De Weerd: Yes, Mr. Rountree. • Rountree: Question for Len. If you were to wait for a resolution that clarified this on the record for this and all future actions, does that meet your time line or do you need action on this particular item this evening? Grady: Well, as you might expect, the developer is in a quite a bit of a hurry. I felt it was necessary to take the additional step to come here, but certainly I would like, at a minimum, to work towards a resolution in the future. If you wanted to act on this one now, realizing that it will come back with a wrap-around agreement, a contract, that pulls it all into one document. This merely allows him to get it recorded into his CC&Rs. So, I guess we can go either way. Rountree: Madam Mayor, do you need a motion on this item? De Weerd: Instructing staff to prepare a resolution. Mr. Baird. Baird: Madam Mayor, Members of the Council, you could actually do both, you could instruct us to prepare the resolution and authorize them to sign these particular ones to keep the Bittercreek moving forward. De Weerd: Okay. Thank you. Rountree: Madam Mayor, I move that we instruct staff to prepare a resolution that takes care of the administration -- or the delegation of administrative signatures on agreements similar to the Bittercreek agreement described this evening and authorize the Public Works Department, either Public Works director or city engineer, to execute the Bittercreek agreement at this point. Bird: Second. De Weerd: Okay. I have a motion to approve the request in front you, as well as to ask staff to come back with a resolution. Is there any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: Meridian City Council July 18, 2006 Page 10 of 56 B. Findings of Fact and Conclusions of Law and Order for Approval: 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: De Weerd: Thank you. Item 7 we removed B from the Consent Agenda and that's Findings of Facts and Conclusions of Law of VAR 060-002. Mr. Bird. Bird: Madam Mayor, we just removed it for voting purposes and I would move that we approve VAR 06-002. Wardle: Second. De Weerd: Okay. I have a motion to approve Findings for VAR 06-002. Mr. Berg. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, absent. MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT. Item 8: Tabled from July 11, 2006: FP 06-027 Request for 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: Item 9: FP 06-031 Request for Final Plat approval for 23 single-family residential building lots and 2 common lots on 5.11 acres in an R-8 zone for Sharp Estates Subdivision by Sharper Investments, LLC — south of Ustick Road and west of Eagle Road: De Weerd: Okay. Thank you. Okay. Items 9 and 10, FP 06-027 and FP 06-031, are both final plats. We do have agreements from the applicants agreeing to staff comments. Anna, is there any additional information you need to share? Canning: No, ma'am. De Weerd: Okay. Seeing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Items 8 and 9. Bird: Second. Meridian City Council July 18, 2006 Page 11 of 56 De Weerd: Okay please, call roll. E • I have a motion to approve Items 8 and 9. Mr. Berg, will you, Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from June 22, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects — 1777 Victory Road: Item 11: Continued Public Hearing from June 22, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: De Weerd: Okay. Items 10 and 11 are a continued Public Hearing from June 22nd. It has been requested by the applicant to continue until August 22nd. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- or continue Items 10 and 11, AZ 05-067 and CUP 05-060, to August 22nd, 2006. Rountree: Second. De Weerd: Okay. I have a motion to continue Items 10 and 11 to August 22nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Continued Public Hearing from June 22, 2006: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group — southwest corner of N. Locust Grove and Chinden Boulevard: De Weerd: Okay. Item 12 has also been requested to continue to August 8th. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council • July 18, 2006 Page 12 of 56 Bird: I move that we continue VAC 06-008 to August 8, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 12 to August 8th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from June 27, 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: De Weerd: Okay. Item 13 is a continued Public Hearing from June 27th on PP 06-022. 1 will start this item with staff comments. Canning: Madam Mayor, Members of the Council, we continued this in order to allow ACHD to provide their conditions of approval. There was nothing unexpected in those conditions of approval. We have incorporated them into the Findings and you did receive the Findings before you tonight. So, if you wish you can approve those Findings now if that's your desire or you could put it off two weeks, similar to what we have been doing, but those are prepared for you, unless you have changes. With that I will answer any questions you may have, but that was the only outstanding issue was ACHD. De Weerd: Okay. Council, any questions for Anna? Bird: I have none. Rountree: I have none. De Weerd: Okay. Was this item continued and the Public Hearing still open? Canning: Yes. So that we could include those items. De Weerd: So we could incorporate -- okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 13. Bird: Second. Meridian City Council O July 18, 2006 Page 13 of 56 De Weerd: Okay. I have a motion to close the Public Hearing on Item 13. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-002, Gateway Marketplace Subdivision and approve the Finding and Conclusions. Wardle: Second. De Weerd: Okay. I have a motion to approve Item 13. Is there any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: Item 15: Public Hearing: PP 06-007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC — 470 West McMillan Road: De Weerd: Okay. Items 14 and 15 are public hearings on AZ 06-009 and PP 06-007. 1 will open these two items with staff comments. Canning: Madam Mayor, Members of the Council, this is the Cedarcreek project. It's located on the north side of McMillan, west of Meridian Road. The property immediately to the west of this also has a preliminary plat on it, so this completes this area as far as preliminary plat approvals. Just a moment, I don't have my laser pointer. Tonight you may hear mention of the Paramount South 60 and that's this property right there to the west. This is an annexation and zoning and preliminary plat application. The gross residential density is 4.34 units per acre. There is an existing home site, as you can see here, and a small flag that comes down to the west of that home site. The request is for -- to zone 19.57 acres to R-8 and the applicant's preliminary plat has 85 single family lots, all with detached products. Amenities for the development include about nine percent qualified open space and that includes a tot lot and parkway planters adjoining the street. This is the large center open space. These are alley products. Just this one block. You can see the alley located there. And that existing home site is not part of Meridian City Council July 18, 2006 Page 14 of 56 this development. It was legally split prior to -- under Ada County. There are two development agreement provisions I should let you know about and they are that prior to annexation ordinance approval the applicant would -- they are proposing to do a property boundary adjustment with this property here. That 50 foot flag they will just adjust their property, so that they give that to the Reitermans and that's who owns this existing home site. So, that flag that wraps around the existing home would go away. And that the applicant agrees to provide a sidewalk in front of that outparcel, which will connect to Paramount South 60 and as I said before, the Paramount South 60 is to the west of this project. The location of the sidewalk is to be determined by ACHD and the neighbors Carl and Bonnie Reiterman. The applicant has some elevations that they will show you -- or some typical houses they will show you in their application, but I don't have any in my presentation. The Planning and Zoning Commission recommended approval at their June 1st, 2006, hearing. Shawn Nickle spoke in favor of the application. Carl Reiterman, Bonnie Reiterman and Doug Eden spoke in opposition and no one commented. Key issues of discussion by the Commission were the landscape plan, the sewer connection. Those won't be available until Paramount develops. The outparcel to not be included in the proposed development. And, then, the sidewalk proposed to cross the neighboring outparcel. That's the Reitermans. The key Commission changes to staffs initial recommendation were to add the development agreement proposals that are provisions that I spoke about previously with regard largely to the Reiterman property. To our knowledge there are no remaining concerns or outstanding concerns before City Council. So, with that I will answer any questions you may have. De Weerd: Anna, what is surrounding this project? Canning: Pardon? De Weerd: What is surrounding this project? Canning: Surrounding. Let me -- this is all Paramount to the north and to the east also. And, then, a new development that you will see soon called Paramount South 60, also by Brighton Corporation, is proposed for the property to the west. South of this project is -- I might need some help. This is the Cedar Springs North. Thank you. And, then, this was a recent application. De Weerd: And that's the school over -- right there? Bird: Yeah. Right there. Canning: Yeah. De Weerd: And that's the middle school. Canning: Right. And they would provide sidewalk in front of this property to make that connection. Meridian City Council • • July 18, 2006 Page 15 of 56 De Weerd: They make that connection, but not all the way -- there is not a connection all the way to the corner? Canning: Through the Paramount property? De Weerd: Uh-huh. Canning: I don't believe it's developed yet. They are working their way down there. think they are to this area now. I don't know what their timing plans are for the commercial portion, though. De Weerd: Is this the same developer? Canning: No. This one is not. De Weerd: Oh. Okay. You know, how do you get the kids safely to school? I -- have we talked to this applicant about that? Canning: No, ma'am. De Weerd: Okay. Okay. Any other questions, Council? Bird: Yeah. I got a couple, Mayor. A statement first is I'm like the Mayor, I'm not leaving without a sidewalk. Or I'm not for anything being put in without sidewalk to the school. And I don't care how they have to get it, we are not going to have another Linder Road fiasco. Then -- this is for Len. Why is the sewer not available? Isn't the sewer through Meridian Road stuff? Canning: I think it comes down here and then over. Grady: It's available to the north. Bird: Okay. That's what -- I thought it was. Thank you, Len. De Weerd: It's -- this is the North Slough and Paramount needs to bring it down to their southern most boundary. Bird: Yeah. De Weerd: And they are not at that phase yet. Okay. Is the applicant here this evening? Thank you. You always forget Will. You always need to have one for the city clerk. Nickle: Madam Mayor and Council, thank you. Shawn Nickle, 148 North 2nd Street, Suite 101, in Eagle. Meridian City Council July 18, 2006 Page 16 of 56 De Weerd: It's my job to look out for our city clerk. Nickle: I know. There is no -- okay. I was trying to help you out, Will. Thanks again. I'm here tonight representing the Cedarcreek development application. I have handed out a very quick packet that shows not only the project, but also some of the landscaping at the entrance and the proposed housing product types that were -- De Weerd: Now, Shawn, will you be walking through these page by page so the -- Nickle: Yes. De Weerd: -- public can see them? Nickle: Yeah. Staff can put up as I indicate to her. This is an annexation and zoning of our -- to R-8 of 19.57 acres. This includes 85 single family detached lots, with a density of 4.34 dwelling units per acre. The layout is very similar and if staff will put the -- my beautifully colored bright vicinity map. De Weerd: Oh, that is really colorful. Nickle: Yeah. De Weerd: It's not as pink on that. Nickle: No, it doesn't really show up like it does on your handouts, however. This is the Cedarcreek development. As staff indicated, it is on the north side of McMillan Road near that main intersection of Meridian and McMillan. It's very similar in type to the Ambercreek Subdivision that we have brought in front of you several months ago and that you just recently -- just tonight have approved the final flat for and we actually submitted this application back when we were doing Ambercreek and it's taken this long to get to you and get through Planning and Zoning, because we have been working with the property owner -- the neighboring property owner to -- on the southwest corner to try to take care of a land swap and to work out sidewalk in front of that outparcel and I will also explain a little bit later on your concern about the remaining sidewalk further to the east of the school. As you can see by this picture is why I wanted to bring it up, is you have got quite a mix of uses in this -- in this area at the intersection, with some multi- family, R-40, some commercial. Obviously, you have the school. The majority of the area here has developed out into R-4 and R-8 developments and a lot of those were actually developed as planned unit developments. This is the second one that we have done in this area that's not a planned unit development, it is a straight subdivision. Now, if you will put my color -- the plan, please, Anna. Thank you. This is designed with detached sidewalks throughout. The entrance off of McMillan was designed to open up into that centrally located park that we will have and amenities such as a tot lot, picnic area, gathering area and, then, a pathway system. This is the area that staff spoke about that will have the alleyway with some -- there is actually 12 detached alley- Meridian City Council • July 18, 2006 Page 17 of 56 loaded lots in there. The rest of those are the single family detached standard size lots and if you look in your packet, again, I submitted some examples of the elevations for those. We did try to keep all -- the majority of the lots at -- at or about 5,000 square feet, with the exception of those alley -loaded lots, which are 4,680. This does meet the Comprehensive Plan as medium density with three to eight dwelling units per acre and, again, we are at 4.34 dwelling units. And, again, the main reason for the delay to get this in front of you was working with the neighbors on this property right here. As you can see, that's the strip that we are going to deed over to the Reitermans and currently have that in front of the county as a lot line adjustment and you have a condition of approval in your application that we complete that before final plat. Now, to address the Mayor and Councilmember Bird's concern about the remaining sidewalk along McMillan going to the school, I know that is important, because we dealt with that across the street at Ambercreek to try to get an additional sidewalk in front of an outparcel we have on the corner. So, I do understand your concern. We just spoke with Gary Inselman with ACHD and I'd like for him to come up and address that, because, apparently, there is a cooperative process in the works with several developers to get that sidewalk put into place sooner than later and I'll just let Gary kind of explain that, because I don't know the full details of it. And, then, I will stand for any questions you have after that. De Weerd: Okay. Thank you. Nickle: Thank you. De Weerd: Gary? If you will, please, state your name and address for the record. Inselman: Gary Inselman, representing ACHD, 3775 North Adams, Garden City. De Weerd: Thank you. Inselman: Madam Mayor, Council, as Shawn said, we are working with the developers at the corner of Meridian and McMillan to negotiate a property development agreement to improve that intersection. That does include assuring that sidewalks are built across all of their frontages. The outparcel at Ambercreek I was able to acquire the right of way necessary at the corner already and the sidewalk easement along McMillan, so that sidewalk will be extended through Ambercreek and we are working with Brighton on the northwest corner through this effort to try and assure that that happens, although I -- nothing has been executed yet. We are in the process, similar to what we are doing at Linder Road. De Weerd: So, this intersection at Meridian and McMillan and Linder and McMillan under these negotiations. Once signed, when can they be built? Inselman: We are anticipating construction of Linder and McMillan completed by May and this one to be constructed between May and August of next year. It's our goal to have both of them open before the school opens. Meridian City Council • July 18, 2006 Page 18 of 56 De Weerd: That would be appreciated. Council? Bird: I could allow that. I just -- we don't want another nightmare. Inselman: We have made significant progress at Linder. I have right of way on three of the four corners and one of the outparcels, so we are progressing well. We are hoping to have an agreement in front of our commission in about two to three weeks. De Weerd: Thank you. Inselman: And, then, we will mirror it -- mirror this intersection's agreement on that one. De Weerd: All right. Inselman: And this developer is one of the developers that we would be working with. Bird: Thank you, Gary. De Weerd: Okay. Any other questions for Gary? Thank you. Nickle: Thank you, Gary, for explaining that. I'm glad he was here to relay that to you. And, of course, my developer will also be working with that -- with that group and participate where ever necessary we are recommended. With that, the Planning and Zoning Commission did like this layout. They did recommend approval. Again, the delay was working with the neighbors and we have got that worked out. They are here tonight and I believe they are going to speak in support. We are in favor of all staffs recommended conditions of approval, including the ones regarding the outparcel and the timing of the -- of the final plat and to bring up one other question -- or answer one question that I think came up. Sewer, I believe, is coming from the north in a separate phase on Paramount, so we are anticipating that's going to be available. I'll stand for questions. De Weerd: Shawn, I guess you had mentioned that this was a variety of uses and I just see R-8 all over the place. So, what is the mixture of uses? Nickle: And the reason I said that -- it is -- if you look at that map, my wonderfully colored pink map and you do see a lot of R-8 and, again, one of the reasons I brought up the fact that most of those projects were developed as PUDs and so you have a variety of house sizes and you have the multi -family, which is located to our immediate east. You have got the commercial. You have got the school. In Ambercreek you have a lot more of the detached, alley -loaded product and that's one reason why we -- we toned it down a little bit. This is a different developer, mind you, but we all worked as the same planning team and so we toned down the number of lots in that area, because we had quite a few of those across the street in favor of the single family standard lots. So, just in the area in general, that square mile, there is -- you have got quite a different array of land uses from commercial to public, quasi -public, to multi -family. I haven't Meridian City Council • July 18, 2006 Page 19 of 56 seen the layout for the Paramount to the west, so I don't know what they are proposing. I do know that this area right here is in for redevelopment at a higher density. I think that's the -- I hope I answered your question, but I think that's the array of land uses and residential uses you're seeing in this area. De Weerd: Now, you have the water on your side of the road; correct? Or is it on the south side? Nickle: It's on the south side. De Weerd: Okay. Bird: Yeah. Nickle: Right along here. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Shawn, what's with your alley? I can't read that. I think you got it on there, but can't read the thing. Nickle: It's a 20 foot wide public alley. Yeah. Public. Bird: Okay. De Weerd: Okay. Thank you. I do have another citizen that has signed up. If you would like to provide testimony, please, come forward when I read your name. Carl Reiterman. I'm sorry if I messed that up. Okay. If you will, please, state your name and address for the record. Reiterman: Carl Reiterman, 770 West McMillan, Meridian. We are the outparcel that's up there. And we have worked with Kevin and Shawn Nickle to come to some agreements here and I have the agreement if you're interested in seeing it. If you'd like to see it. De Weerd: If you would like to enter it into the public record. Reiterman: Okay. Fine with me. De Weerd: Okay. If you'll give it to our city clerk. Thank you. Meridian City Council July 18, 2006 Page 20 of 56 Reiterman: It seemed pretty good to us for them to give us the 50 feet and we give them the easement in the front for both the -- tiling the ditch and on the south side of our property, as well as on the west side of our property. They are going to also expand the ditch and combine a couple of other ditches I think in that same ditch. And, then, they were going to fence our property. The sidewalk is -- we don't have a picture of the property, but there is not much room for the sidewalk in front of our house. It's going to be within a foot of our carport. But we understood the importance of having a sidewalk with both the high school to the west of us and the junior high and the middle school to the east of us. So, we worked hard on that one and we kind of got through it. So, all the agreements were made and other than that I guess we are set to go. De Weerd: Well, good. Well, we appreciate your willingness to work with them on the sidewalk. Reiterman: It's going to change our property quite a bit, but, you know, it was important. So, I don't want -- there was nowhere else for the kids to walk, so -- they would be walking all over the front of our property or out in the street and that was just not acceptable to us either. So, anyway, we are happy to do whatever we can. De Weerd: Thank you. Reiterman: Any questions? De Weerd: Council? Okay. Thank you. Okay. Is there anyone else who would like to provide testimony on this applicant? Okay. Would the applicant like to wrap up? Nickle: Again, Madam Mayor and Council, Shawn Nickle. Just one thing and to point out the testimony from the neighbor does show you that -- and I'm looking at Councilmember Bird. When you take the sidewalk and the safety of the school children serious, that was one reason for the delay to make sure we could accommodate that. We'd hate to keep gaps in between. We did understand that the property to the east is going to be coming in at some point, but it's hard to tell when outparcels -- and we have never had control of that parcel. That was not part of this property originally. So, again, that's -- we, actually, got that worked out with the neighbors and it was worth the wait and also taking care of the issue with the piping the ditch and the left over strip that we had on there. So, I will stand for any questions you have at this time. De Weerd: Okay. Any questions? Bird: I have none. Rountree: I have none. Nickle: Okay. Thank you. Meridian City Council • July 18, 2006 Page 21 of 56 De Weerd: Okay. Thank you. Okay. Any questions for staff? Or additional information needed? Okay. If there is none, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on AZ 06-009 and PP 06-007. Rountree: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? Bird: I have none. Rountree: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further discussion, I move that we approve Item 14, AZ 06-009. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 14. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 15. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 15, PP 06-007. Meridian City Council July 18, 2006 Page 22 of 56 Rountree: Second. De Weerd: Okay. I have a motion to approve Item 15. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 W. Daphine Street: Item 17: Public Hearing: PP 06-022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 W. Daphine Street: De Weerd: Thank you. Okay. Items 16 and 17, public hearings on AZ 06-022 and PP 06-022. 1 will open these two public hearings on Items 16 and 17 with staff comments. Canning: Madam Mayor and Members of the Council, this is Prato Villas and it is located on Daphine Street and it's approximately 600 feet north of McMillan Road and east of Black Cat Road. So, it's right here. And here is Daphine Street. The colored areas are the Volterra Subdivision. We don't have the preliminary plat in there, but as you recall they had a commercial component on the intersection and, then, wrapped by some office and, then, a collector roadway that came through and this would nestle into the corner of that Volterra project. The applications before you tonight are for annexation and zoning and also preliminary plat approval. This is the preliminary plat. The original submittal had a gross density of 3.2 units per acre. This is shown as low density on the Comprehensive Plan, so as conditioned they were asked to remove two lots, which is the configuration you see before you tonight. And this is 3.0 units per acre. They are asking for R-4 zoning for 10.16 acres. And they are proposing 9.2 percent open space. The original proposal had six percent open space, but when they reconfigured the lots and lost the two lots, they did increase the open space quite a bit and it is now at 9.2 percent open space. And that was a rough calculation on my part, but I think that's accurate. There is a development agreement proposed. The only real unusual provision that it limits this property to 30 units, thereby bringing it to the 3.0 dwelling units per acre. They are all detached product, so we don't have any elevations for you tonight. The Commission did recommend approval of this project at their June 1 st, 2006, hearing. Kevin Harris from Briggs Engineering spoke in favor of it and no one spoke in opposition or commented. The key issues of discussion were amending Block 3 to have six lots and an open space area in the middle and that's what you see here. There is two -- the corner lots are quite large and, then, the interior lots are still good size. These are all good size lots. Larger lots, I should say. Meridian City Council July 18, 2006 Page 23 of 56 De Weerd: There is a definition of that. Canning: But these are all good size lots by Mr. Bird's definition. The other discussion areas were the -- the other developments in the area being largely Volterra that wraps around it and the timing and the availability of sewer and just to remind everyone, even though we have no sewer to this area, most of this section is preliminary platted at this point. But we are still waiting on sewer. The key Commission change to staffs initial recommendation were they recommended approval of a revised preliminary plat that shows the six buildable lots that you see today. They did make those changes and they got them back to us in time to incorporate them into your package. And, then, in the common open space area with an irrigation easement on it. To our knowledge there are no outstanding issues before Council and I will answer any questions you may have. De Weerd: Anna, I guess I had a question that this was another -- this is also near an intersection that was looking at a public-private partnership for an improvement. Has that moved forward at all, to your knowledge? Canning: Is that to get to the school that would be about right up here? De Weerd: No. That was the intersection improvement on Ten Mile and -- no. Black Cat -- oh. I guess that's -- yeah. That's -- Bird: I was thinking the same -- De Weerd: Okay. Is this where the elementary school is up north and -- Canning: Yes, ma'am. De Weerd: -- west of that? Canning: The Volterra -- the Volterra Subdivision has a collector road that comes through here, basically like this, and, then, around this area they had half of the school and, then, Keego Springs provided the other half of the elementary school up there. So, Prato Villas is dependent on Volterra for sewer, so those kids will be able to walk through Volterra to be able to get to that elementary school. De Weerd: Okay. Thank you. Okay. Is the applicant here? If you will, please, state your name and address for the record. Whitehead: Madam Mayor, Members of the Council, hello and good evening. For the record, my name is Sabrina Whitehead, I'm here with the applicant and with Briggs Engineering. My address is 1800 West Overland Road, Boise, Idaho. 83705. Tonight I'm in front of you for annexation, zoning, and preliminary plat for Prato Villas. This development has requested zoning, as Anna has noted, from RUT to R-4, medium low density, and it's asking for 30 single family residential lots. On June 1st of '06 the Meridian City Council July 18, 2006 Page 24 of 56 Meridian Planning and Zoning Commission heard this item and recommended approval with the stipulation that we do reduce our original request for 32 lots to be dropped to 30 buildable lots. The developer has taken this into consideration and has revised the layout to what you see this evening. We are requesting 30 buildable lots, which will compliment City of Meridian's Comprehensive Plan for a medium density of 3.0. As stated in the staff report, Prato Villas is harmonious with numerous other goals of the City of Meridian's Comprehensive Plan and the applicant has reviewed the staff report, agrees with all recommended conditions, as well as the recommendation for approval. We feel that this development is going to be a quality development, will be an asset to the City of Meridian and we just respectfully request that you approve our applications for annexation, zoning, and preliminary plat. I thank you for your time and consideration and I will stand for any questions. De Weerd: Sabrina, I do have a question. Did you have a neighborhood meeting? Whitehead: Uh-huh. De Weerd: And did people come? Whitehead: I was not the planner that held the neighborhood meeting, so I'd probably look for any questions you might have to the applicant, who is present. De Weerd: Okay. And we will see if Council has any questions for you. Any additional ones. Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Just explain the point of access. Whitehead: Absolutely. Madam Mayor, Councilman Rountree, we will be taking access from Daphine. There is additional right of way -- if we can go to the pre -plat, I can show you where we are going to have to vacate some right of way through ACRD. It's down here. And that will be done at a later time before final plat approval. Rountree: Okay. Thank you. De Weerd: And how is this subdivision going to be connecting to the north, so the kids can get to school? Whitehead: Madam Mayor, we are providing a stub road over here. De Weerd: So, they would have to go east first and -- Meridian City Council July 18, 2006 Page 25 of 56 Whitehead: Then up. De Weerd: -- then up? Do we show how that connects? Canning: Madam Mayor, unfortunately, I don't know why, Volterra never got on there, but there is a stub into this property here from Volterra and I believe Sabrina or maybe - - you know, there is one I think -- the next property over. A lot of these properties are considering their options for redevelopment currently and I would anticipate that it won't be too long. We had heard that these folks were coming in and we are starting to see quite a bit movement on those five acres. Bird: Yeah. Whitehead: That's correct. I do know for a fact that this is being subdivided and our firm's going to be handling this piece, which we are planning on to connect into the stub that will interconnect to the school. Yeah. De Weerd: I guess that's why the neighbors aren't here concerned about the traffic that we will be putting on the street. So, I would be interested to hear how the neighborhood meeting went. Whitehead: Absolutely. De Weerd: If Council you don't have any other questions? Bird: I have no questions. De Weerd: Okay. Whitehead: Thank you. De Weerd: Thank you. Sir, if you could, please, share with us how your neighborhood meeting went. If you will, please, state your name and address. Saxton: Gerald Saxton. Salt Lake City, Utah. South Jordan. I wasn't the one that held the public meeting, it was one of my other partners, but from what we understood we had good support. We have talked to the neighbors going down into Lots 2, 3 -- were actually six and seven and good support with all them. We are actually working to possibly do a land acquisition with them to continue the development down that street. De Weerd: Okay. Saxton: Is there any other questions? De Weerd: Okay. Council, any questions? Meridian City Council • • July 18, 2006 Page 26 of 56 Bird: I have none. Rountree: I have none. De Weerd: Thank you, sir. Saxton: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no more comments, I move that we close the public hearings on Items -- we have too many pages here -- 16 and 17. Bird: Second. De Weerd: Okay. I have a motion to close Items 16 and 17 public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion from Council? Rountree: Hearing no discussion, Madam Mayor, I move that we approve Item 16, annexation AZ 06-002 for Prato Villas Subdivision. Bird: Second. De Weerd: Okay. I have a motion to approve Item 16. If there is no discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 17. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council • • July 18, 2006 Page 27 of 56 Rountree: I move that we approve the preliminary plat for Item 17, PP 06-022. Bird: Second. De Weerd: Okay. I have a motion to approve Item 17. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: Item 19: Public Hearing: PP 06-023 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: De Weerd: Thank you, Mr. Berg. Okay. Items 18 and 19 are public hearings on AZ 06- 024 and PP 06-023. 1 will open these two items with staff comments. Canning: Madam Mayor, Members of the Council, this is the Napoli project and you just -- it's a very similar project, although it's on the opposite corner of the area of city impact. It is located on the east side of Eagle Road and south of Zeldia Lane. Zeldia Lane, as you may recall, was kind of the dividing line -- here is the property here -- for the Kingsbridge application on the east side of Eagle Road. The applications before you tonight are, again, annexation and zoning and preliminary plat. The gross residential density is 3.07 dwelling units per acre. They are requesting zoning to R-4 for 10.17 acres and the plat approval of 29 single family residential lots. Approximately 10.61 percent of the site is being set aside for open space. I did want to point out that similar to the Quarterhorse Subdivision, which got approved a few weeks ago, they are dedicating a road where a private lane used to be. So, this is Zeldia Lane is in this location. They are giving up their rights to Zeldia Lane and, then, putting a public road there instead that would continue to the neighboring properties. There was some question, since the Planning and Zoning Commission, about the fencing that's being proposed and we did receive word from the applicant that instead of the four foot fencing that was originally approved -- or considered, that they are proposing six foot fencing on the eastern and southern boundaries. The Council will need to ask for site specific conditions 1.15 to be amended to address that new development. We do not have the elevations. Again, these are detached products on relatively large lots. The Commission has recommended approval of this project at their June 15th hearing. Kevin Harris from Briggs spoke in favor of the application. Bradford Dedman, Don Morgan, Phil DeAngeli and Frank Shoemaker spoke in opposition and Sherry Lewis commented. The key issues of discussion by the Commission were the Comprehensive Meridian City Council • e July 18, 2006 Page 28 of 56 Plan designation, which is medium density residential in this area, Zeldia Lane, and the density of the proposed project. There were no changes to staffs initial recommendations. There is a letter in your packet, I believe, from Phillip and Judy DeAngeli regarding lot size and density and that's the only outstanding issue that we are aware of and I'll answer any questions that Council may have. De Weerd: Okay. Council, do you have any questions? Bird: Not at this time, Mayor. Rountree: None right now. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Whitehead: Absolutely. Madam Mayor, Members of the Council, my name is Sabrina Whitehead, I am here on behalf of FMC Development and Briggs Engineering. My address is 1800 West Overland Road, Boise, Idaho. 83705. Excuse me. I'm before you this evening again for annexation, zoning, and preliminary plat for Napoli Subdivision, which is 10.17 acres. This development that we are requesting is a zoning from RUT to RA medium low density, and is asking for 29 single family residential lots. Napoli is asking for a density of 3.07 dwelling units per acre, which is harmonious with the City of Meridian's Comprehensive Plan, as designated medium density. With proposed lot sizes of 17,113 as our largest, to our smallest of 8,500, we believe the range of lot sizes will provide a nice transition from low density residential, as the Kingsbridge is to the north, to the future medium density residential as hasn't been developed, which is in Ada County, but it could be more intense density than what we are currently proposing. Our development is also proposing larger lots, which are adjacent to the county land. Therefore, leaving the smaller lots adjacent to Eagle Road and the middle of our proposed subdivision. This will help create a buffer from larger county lots to the density that we are requesting, as in supporting my position of more of a transitional buffer. We feel, again, that this subdivision will be an asset for the city and that it remains harmonious with the City of Meridian's Comprehensive Plan. Great thought from the developer has been put into helping make this transition and coordinate the lot sizes accordingly in our subdivision. I, again, thank you for your time and consideration and respectfully request that you approve our annexation, rezone, and preliminary plat. And I will stand for any questions De Weerd: Council, do you have questions? Bird: Not at this point. De Weerd: Can you tell us a little bit about your open space, where is it, and what amenities are included? Meridian City Council July 18, 2006 Page 29 of 56 Whitehead: Our open space is -- as you can see from the landscape we have landscaping all the way around and what the city -- instead of having an open space, what we are having is detached sidewalk and eight foot planter strips in between that will be landscaped. That is considered in our open space. De Weerd: So, that's your only open space? Whitehead: Uh-huh. De Weerd: Okay. Whitehead: I believe -- and I'd have to refer to Anna, but that was kind of with the city's support, so I was told. Canning: Madam Mayor, they do qualify for the minimum. Because this is not a collector street, they actually get to count all the additional landscaping they do along Zeldia Lane. De Weerd: Okay. Well, I know we are trying to encourage the parkway and the detached sidewalks. I guess I wasn't aware that that was part of our usable open space requirement. Canning: Yes, ma'am, it is. We subtract out the area for the driveways, but we do count that. And on the larger lots, because they do have so much frontage, it adds up rather quickly. And, again, in addition to the additional landscaping that is on Zeldia, it does add up quickly. They do have ten percent, it's just not in a centralized lot. De Weerd: Okay. Okay. Thank you. I do have a number of people that have signed up. If you would like to provide testimony when I read your name, if you will, please, come forward. Gladys Allen against. If you will, please, state your name and address for the record. Allen: I'm Gladys Allen. 4617 South Martinel in Meridian. De Weerd: Thank you. Allen: We live in Martinel Subdivision, which is south of this proposed subdivision, and would like to point out to the Council that all the other subdivisions in this area have larger lots and are larger tracts. The Martine[ Subdivision that we live in has ten plus acres in each tract. And the subdivision adjoining on the east is comprised of five plus acres. The Dartmoor Subdivision has larger lots, which is very close to this, and the new Kingsbridge Subdivision has lots of 15,000 feet -- square feet, with frontages of 155 to 165 feet. This subdivision as proposed has smaller lots than anything in this area. With the smaller lots we will undoubtedly see being built smaller houses and, there again, it is not compatible with the other lots and the other houses and acreages in this area. Therefore, we are opposed to this preliminary plat that is as it is presently being Meridian City Council July 18, 2006 Page 30 of 56 presented. We would like to have lots no smaller than those being presented in the Kingsbridge Subdivision right next to it, the new one. De Weerd: Okay. Thank you. Okay. Don and Marie Morgan signed up against. Morgan: Madam Mayor, Councilmembers, my name is Don Morgan. De Weerd: If you can pull that up. You're taller than our other applicant. Morgan: Okay. Madam Mayor, Councilmembers, my name is Don Morgan, I reside at 4620 South Martinel Lane, which shares about 80 feet of adjacent border with the Napoli proposal. As Gladys just pointed out, this subdivision as presently proposed would be an island of smaller lots surrounded on all sides by larger lots and starting at the neighborhood meetings and all the way to the Planning and Zoning meeting we attended on the 15th, the neighborhood has spoken out against that and the Planning and Zoning people asserted that they don't have any authority to change that because of the Comprehensive Plan, which has this shown as medium density. Therefore, what I would like to see happen in this City Council meeting would be to reconsider the -- that section of the Comprehensive Plan and consider changing that to something that would allow the half acre lots that would be harmonious with the Kingsbridge approval that just happened and would be I think a better transition towards the half acre -- I mean the five acre and ten acre lots that are surrounding on the south and east side of their proposal. I would propose that the annexation and the preliminary plat be rejected as presently approved -- or as presently proposed and consideration of changing the Comprehensive Plan and having them resubmit with larger lots. Thank you. De Weerd: Okay. Thank you. Anna, I guess I have a question for you. In these development applications, they can do a step up or a step down, can they not? Canning: Yes. We have started asking people to justify more why they are doing the step up and step down. We are trying to keep people at the proposed density or close to it. De Weerd: Okay. Thank you. Roger and Theresa Taylor signed up against. Taylor: I'm Roger Taylor, 4606 South Eagle Road. I'm just south of this proposed subdivision. I have got the same concerns as everybody else on this density of the lots. I would think half acre lots would fit in much better with everybody else. And, then, I have got a concern with the irrigation. There has been no mention of how they are going to take care of the irrigation water or any of that. But my main concern is the density. I would like to see the larger fronts, so they could put single story houses there, instead of having to go up with two story and a wider frontage would do that. Thank you. De Weerd: Okay. Thank you. Bradford Dedman signed up against. Meridian City Council • July 18, 2006 Page 31 of 56 Dedman: Thank you, folks. I'm Bradford Dedman. De Weerd: You can pull that up, if you would like. Dedman: Sorry. De Weerd: Thank you. Dedman: I reside at 3644 East Zeldia. And many of you may recall -- there is my nervous twitch again -- that my wife and I reside here on Zeldia and I attended every single meeting that I possibly could with regard to the development of the Kingsbridge Subdivision. I did submit a letter last week and, hopefully, it is in the office somewhere. But I also sent a letter to Planning and Zoning a month ago. I do thank everybody who may have been able to read anything that I participated with at this point. I urge you to look back at the effort that Vision First went through to work with the neighbors and the City of Meridian back throughout the course of their development over the last two years. They cared, because they were moving into our community. The applicant, as far as I understood, did not schedule any type of a neighborhood meeting before providing this application and I did not participate, because I had no invitation to that. I also attended everything that Kingsbridge participated in and felt like we were all part of an instrumental cause here. I honestly feel that this applicant chose a path of least resistance because of a lack of care for our community, as they are moving from Meridian. The density is far from consistent with adjacent properties and circumvents all the efforts of Vision First, Dartmoor, the Zeldia neighborhoods, and many other folks have placed on thoughtful design. At the very least the proposal should mirror Kingsbridge buffer, their density, and lot transition. And so far I have witnessed a failure to do so. The transition of old to new is buffered nicely on the north side of Zeldia, again, due to Vision First, but I see very little of that, a very bare minimum and it's also provided, I believe, completely contained within their open space. What I'd like to see is a more succinct plan that also demonstrates exactly how my private street -- my private lane, Zeldia Lane, will be cut and become partially a public street. I saw a couple things that were -- I heard a couple things that were very nice to hear tonight. I was very pleased to learn of Keith Bird's very crystal clear opinion of children's safety with regard to sidewalks. And with density comes kids. I'm quite convinced that the proposal provides merely the minimum amount of open space. Kids do not want to play in a fine strip of land and a respectful game of soccer was never played on a front yard measuring 15 by 50 feet. A foul ball might roll into Zeldia Lane, but I do believe that a kick could make it all the way out to Eagle Road. I believe in full disclosure and not sugar coating. Mrs. Whitehead spoke of a range of lot sizes starting at the top of 17,000 feet and ranging down to 8,500. It should be clarified that on the plot that I noticed, there is one lot that is 17,000 feet. The lot below it, lot No. 2, by all indications is 11,500. Thank you very much. De Weerd: Thank you. Okay. Judy DeAngeli. Meridian City Council July 18, 2006 Page 32 of 56 DeAngeli: It's Phillip DeAngeli. I'm at 3405 Zeldia Lane. De Weerd: Thank you. And I apologize for mispronouncing your name. DeAngeli: That's all right. I'm used to it. This is my lot right here on this border. We moved here in -- from downtown Meridian about four years ago into a rural atmosphere. Our neighbors are also local folks that joined us out there and we felt it would be there forever with no growth, but, naturally, it's there, so we are dealing with it. We all like it there and we want to -- we want to stay. My neighbors and I feel that there is an obvious line. It's a sharp line of distinction between 29 houses on 9.4 acres and five and ten acre lots that are adjacent to them, but the Planning and Zoning report says -- and the applicant that they find this annexation will provide lots which are similar in nature to other subdivisions in the vicinity. But if you look at the vicinity we have got my lot here on the east. My subdivision is five acre lots. Martinel down here is ten acre lots. Off to the east is Coons Hollow, five acre lots, and, then, your Kingsbridge is the newcomer here, with Dartmoor just to the north of it. But Kingsbridge as you know has supplied a real nice transition for the larger lots in the county. So, there is really not even a vague similarity between this subdivision and the subdivisions in the vicinity. This report also states, the staff report from the Planning and Zoning, that these lots will transition well with the existing rural lots and there is nothing could be further from the truth as far as I'm concerned. Also under the goals and objectives as it states new urban densities that abut or are even proximal to lower densities, that are residential, are to provide screening or transitional densities with larger, more comparable lot sizes to interface between rural and suburban -- or urban and rural densities. And that's what this case is. You have got urban right up against rural now. And so that's not even a hint of transition in this. I have -- I asked the developer on several occasions for some kind of transition on the perimeter, but I get no response. The staff report also states that the large lots are placed on the perimeter to provide transition between the large county parcels and the smaller internal lots, but if you look at the lots next to me -- this is my house right here -- these lots and these lots -- in this case here the internal lots are either larger or almost identical in size to these lots that interface to me. Am I done? De Weerd: If you could summarize. DeAngeli: Okay. De Weerd: Thank you. DeAngeli: Anyway, last year the city held Kingsbridge to 1.69 houses per acre with 155 foot wide lots interfacing to use and I'm just asking to hold Napoli to the same standard and help to save our neighborhood here. I'm also concerned about the sewage storage system that's going to be installed there. We didn't know anything about it, because it's brand new, I guess, and we have lots of questions and I gave some to our city engineer Len Grady earlier and I was hoping he could explain what that's all about and it's kind of scary for me, because right on that border there is where my bedroom is open and if there is any odor or something like that would be pretty concerned, so -- Meridian City Council • July 18, 2006 Page 33 of 56 De Weerd: Len, this will be connected to city sewer; correct? DeAngeli: And, then, could we, please, have questions from Len when he finishes? Or not? Maybe that's not the right -- De Weerd: Yes. And, sir, I have a question for you as well once Mr. Grady can answer your question. DeAngeli: Okay. Well, he's got a list of questions. That might be easier than -- so I'll stand by here. Grady: Madam Mayor, yes, it will be -- it will be connected to city services. The short story on what's going on is about three or four months ago it became apparent that we were -- with our fast growth pace in the south that we were approaching capacity on our Ten Mile Trunk. In order to keep development moving and not stop waiting for the Black Cat Trunk to cross, we continued to try to get more through that trunk. This -- what we have proposed, what I came up with, was a -- is what's effectively known as an off-peak pumping tank and, basically, it will store sewage until your peaks are over with and, then, you begin pumping during -- during the off-peak pump. My hope is that Black Cat will cross, according to schedule, and that these will never be needed. However, I think at this point it's prudent to just insure that if something goes wrong with getting Black Cat there, that we have the ability to continue to supply service. So, it's really a fail safe. De Weerd: Thank you. Does that answer the questions as listed? Grady: My eyes aren't quite what they -- could somebody read them, because my eyes, I just -- De Weerd: I don't have my glasses tonight, so I couldn't. Bird: Will this tank be located on the far western property line to avoid proximity with existing neighbors' homes? Grady: It certainly can be located towards the west. I believe it is flowing northwest in that area. I haven't seen the final layout on what they are proposing, but that should not be a problem. Bird: Will it be designed fail safe, gravity feed exit to sewer line if pump fails? Grady: Absolutely. Again, it's my intention that this off-peak pumping not be required. It's there just in case we can't get Black Cat on line. So, it won't be utilized until some point in the future and so my intention is that they will be gravity flowing most, if not all the time. As far as fail safe, we always require a redundant pump and backup system, so-- Meridian City Council • July 18, 2006 Page 34 of 56 Bird: Does any odor escape? Grady: The developers are required to provide aeration and to -- if required, put a facility in for adding chemicals. Bird: What is the tank made of and is it guaranteed not to leak? Grady: The one that we have at Black Rock was made out of concrete, probably -- I went out and looked at it the other day. I think it could withstand a bomb attack. It's really heavy duty. But we are not requiring -- because these are temporary facilities, you know, at best they'd only be in the ground one to two years, we are considering allowing ABS, that type of material. So, they will be designed and approved by a PE. Bird: Okay. You answered the next -- you answered the next one, then. It's temporary and one or two years at the max. Grady: That's what we are shooting for. Bird: Does any portion of the tank protrude above ground? Grady: It's certainly not necessary for any of that tank to be above ground. It has to by design be below ground. Bird: How many of these systems have been installed in the valley? Some of us would like to see what they look like. Grady: Certainly. Go -- Black Rock's in the ground and they have two of them installed there, so -- that's Eagle and Amity area. De Weerd: Now, Len, would they be able to see that if they are underground? Grady: They are still open, so they can take a look and peak down in there and see what's going on. I don't believe the pumps are in yet, but I think they will begin to get the yet idea what's going on there as far as the tank itself. Bird: They aren't up and running yet. De Weerd: Thank you, Len. Grady: Okay. De Weerd: Sir, I wanted to find out did the neighborhood -- or did the applicant have a neighborhood meeting? Meridian City Council July 18, 2006 Page 35 of 56 DeAngeli: Yes. There was an initial meeting with a different engineering firm and al that meeting there was a rough sketch of -- I believe it was 25 houses proposed and everyone present at the meeting said that we felt that it was far too dense and the applicant said that it probably wouldn't be that dense, ultimately. But, then, with the new engineering firm, the density changed from 25 up to 29 houses and the frontages became even smaller -- the adjacent lots became even narrower. Right now those lots are -- facing me are only 80 feet wide, which would almost preclude anybody from building a two story house. I don't think you can get a three car garage on there. All they can do is go straight up with two story, which is really not a good site out there in flat country. The whole western horizon from our home would just be blurred out by a wall of siding and so -- but once you get those lots spread out like Kingsbridge into 150 foot lots, there is some room in between to observe the rest of the world. De Weerd: Thank you, sir. DeAngeli: Okay. De Weerd: Mr. Frank Shoemaker signed up against. Shoemaker: Good evening. My name is Frank Shoemaker and I live -- pardon me. I have a five acre parcel to the adjacent -- let's see. Right there. That's my dwelling right there. I would like the Council members to recall that Kingsbridge Subdivision that's been mentioned here extensively -- and I think we all understand the opposition when Kingsbridge came in with their high density plan. This plan they proposed was based upon the Comprehensive Plan and the Council at that time stated that this was a unique area and maybe this was too high density of a project and, therefore, Kingsbridge went back to the drawing board and after a year and a half or so of hearings and meetings, they ultimately came up with a subdivision that has extensive common area and I believe along our -- this area right here we have 15,500 square feet as a minimum lot size. There is a six foot berm, plus a six foot fence on top of that, and one story dwellings, you know, which is seldom seen in the valley. So, they really wanted to make it a nice transition, so we wouldn't be looking at backyards of those dwellings. Napoli as proposed is a contradiction to what the Kingsbridge Subdivision was ultimately approved as. We have -- my understanding was 9,200 square feet was the average along this perimeter here. As Mr. DeAngeli stated, that results in 80 foot wide lots, two story houses. I did provide a disk with some photos. Do you have those? Canning: I have the paper copies, sir. The disks get -- and I think the Council has all of them. I can put them up, it's just the disks of photos sometimes get hung up on this computer. It's a little older. Shoemaker: Okay. Thank you. But, anyway, what I was trying to show was in the transition areas you have two story homes with a six foot fence and what you see is a 20 foot -- I mean that's what we might possibly see. Nothing has ever been shown as a -- we did have some preliminary plans on the front elevations, but they were -- as you can see there is more of a transition. You have some one and -- not so many two Meridian City Council • July 18, 2006 Page 36 of 56 stories there. You know -- and here, again, this would be what we could visualize on our side. That's not too bad, really. I mean it's better than some, but it's still a two story and those are larger lots. So, if you make it down into the smaller lots -- like this is Woodbridge here, these people didn't complain because it's going to be commercial, so -- and, then, this is -- go to the next one, please. Am I up in time? De Weerd: Yeah. You can start to summarize. Shoemaker: Okay. To summarize, I think Napoli as approved is a contradiction to the Kingsbridge Subdivision. I also think that the Comprehensive Plan is -- is the culprit for this, as it identifies a developer that they can do that and that's all the developer did. They are only following the Comprehensive Plan. I would like to state in the P&Z hearing that they stated that they understood our concern, they felt that they had no control over the Comprehensive Plan and had to follow the intent of the plan, thus, they approved to -- the proposed plat as proposed. And even Commissioner Borup stated they like to see at least less lots and more common area. I mean we have no common area in this project, so -- traffic is a concern. We have two streets coming in on Zeldia Lane. According to Ada County you cannot have one on Eagle Road, so we have two streets coming on Zeldia, we have 29 houses. There is going to be congestion within the project, plus Zeldia Lane residents and, then, across the road from South Eagle, which is a two lane road, no turn lanes, we have an extension of the Tuscany Lakes Village. So, now we have to exit onto South Eagle. We also have the traffic of the 400 plus houses going in across the street. It's really creating quite a congestion, a nightmare. Thank you. De Weerd: Thank you, sir. Okay. Those are the names that signed up to testify. Is there any further additional public testimony? Sir. If you will, please, state your name and address for the record. Berdick: Madam Mayor, Justin Berdick, 4280 South Eagle Road. In regards to Phil DeAngeli's comment about the neighborhood meeting, I was at the neighborhood meeting. We didn't have an engineering firm assigned at that time. I guess the biggest issue is lot size and especially along the east side of the property and I guess we followed the -- as far as what the plan wanted. Kingsbridge -- the only reason why they continued on close to Zeldia is because their other phase was in a different zoning and from my understanding. Is that correct, Anna, that -- Canning: Different Comprehensive Plan designation on the northern portion. Berdick: So, they were asked to continue the same density down. I guess to ease the neighbors' minds, we started out -- in our neighborhood meeting we had 32 original lots, not 25, and, once again, their issue was there was, you know, way too high of density. We went back and we had a gross density of -- I think it was around 2.7 or 2.8 when we went to our pre -app meeting. Staff asked us to up it to get it closer to three, so that's what we did. I think -- you know, we followed along the guidelines of what everyone wanted. In their situation we would be willing to drop a lot along the bordering property Meridian City Council • July 18, 2006 Page 37 of 56 along the five acres toward Phil DeAngeli. If that would make the lots continue larger, you know, we -- we don't like conflict, but I guess you just have to draw the line on do you follow the rules or do you stay with what people want. So, that's all I have, if there is any questions. De Weerd: Council, any questions? Rountree: Madam Mayor, it seems like there was an initial discussion with the neighborhood out there, but no follow through, no engagement, probably not a fall back position that the Comp Plan says we have got to do this, but, in fact, the Comp Plan says this is what the minimum would be. The Comp Plan will allow something more than this; correct? Canning: The medium density Comprehensive Plan designation has a target of three dwelling units to eight dwelling units per acre. So, it has both ends. But it does say you can request a step up or a step down. We have been trying to keep people at their assigned level, so -- Rountree: So, my question to you is would you be -- and I'm presupposing here, but just for me to know, depending on the action taken this evening, are you open to having yet another neighborhood meeting to discuss what the options might be for you and what you might be willing to do? Berdick: I would and as far as follow up, I went around every one of these folks, I gave them -- anytime we had a change on a preliminary plat, I'd go around and explain to them this is what we did, this is what the meetings went to. Rountree: Excuse us, folks, we are -- Bird: Yeah. Berdick: Anyways, I gave it to DeAngelis, Don Morgan, Gladys Allen I missed, by Don Morgan, and I put it in -- on their hanger on their mailbox and Roger Taylor I sat and spoke with him one evening. And Phil -- he actually had two of them. The first one that was the lower density and, then, the second one when we revised it after the pre -app meeting. So, in regards to your question, it's lower lots -- Rountree: I didn't say that. Berdick: Oh. Sorry. Rountree: I asked would you be willing -- Berdick: For a neighborhood meeting? Rountree: Yes. Meridian City Council • July 18, 2006 Page 38 of 56 Berdick: I mean there is, obviously, issues, so -- yeah. Rountree: Okay. Thank you. De Weerd: Okay. Additional questions, Council? Bird: I got one question, Madam Mayor, if I could. De Weerd: Mr. Bird. Bird: Were you the owner of this property when Kingsbridge come through? Berdick: Yes. Well, my family is. Bird: Your family was. Yeah. Berdick: Yes. Bird: And you did testify at Kingsbridge, if I recall? Berdick: I didn't, no. We did not. Bird: Your family did? Berdick: No, we did not. Bird: Did not. Thank you. De Weerd: Any other questions? Okay. Thank you. Is there any further testimony? Ma'am, you have already testified. Would the applicant like to wrap this up, have closing remarks? Whitehead: Madam Mayor, Members of the Council, again, for the record Sabrina Whitehead, 1800 West Overland Road, Boise, Idaho. 83705. 1 have done a lot of neighborhood meetings, I have done a lot of pre -plats, I completely understand the neighbors' concerns and I know Justin wants to be a good neighbor and a good developer. I would just like to make a few comments just to clarify a few issues. De Weerd: Sabrina, could I ask you to pull the mike a little further away? Whitehead: Oh, am I too loud to you? De Weerd: Yes. Whitehead: Oh, I'm sorry. Meridian City Council July 18, 2006 Page 39 of 56 De Weerd: Thank you. Whitehead: Absolutely. I apologize. If we could go to the Comprehensive Plan zoning map, Anna, please? Thank you. Here is the subject property. To the east and south is zoned RUT. It's in Ada County. As far as five acre lots, half acre lots, that is most definitely appropriate for county zoning. However, across the street is Messina Meadows. They have the zoning of R-8. Much much higher density than what we are asking for. Where the Comp Plan slows down -- or kind of cuts apart is this is -- up here is lower density. This subdivision definitely is lower density. In the Comprehensive Plan as noted is medium density. The range is 3.0 to 8.0. We are asking for the bare minimum. Now, Anna, if we could, please, go the preliminary plat. As just noted, we are willing to transition -- would take one more lot out, but these are larger lots, 11,000, 9,000 square foot lots, 17,000 -- I know that's the largest one and I did notate that. But these are larger lots than the 8,000 lots. So, there is a buffer with an additional lot that would make an additional buffer for a transition. As far as -- sorry, let me get my bearing real quick. Irrigation water concerns. That would all be addressed during -- with our construction documents. We are not going to interfere with anyone's water rights. That's Idaho code. We dare not to. And so those will be handled at an engineer level and those will be -- as far as water rights. As Justin knows, a neighborhood meeting was done and, unfortunately, I wasn't the planner who handled the neighborhood meeting. I agree, I like to have several neighborhood meetings to make sure the neighbors' issues have been handled. If another neighborhood meeting would be required, I -- I don't know how the applicant would feel. We could possibly table and have another neighborhood meeting if you felt that would be appropriate. But I just wanted to make some few notes as far as the zoning and the surrounding subdivision. So, I will stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none further. De Weerd: I guess I do have a comment and -- Whitehead: Sure. De Weerd: -- and we know we are going to find this in the south in more places than just this and Council has been sensitive to the larger RUT lots and their desire to maintain and to have a better transition and I have heard them ask for 12,000 minimum and be -- have an apparent better transition and I guess -- staff cringes every time I start talking, especially about lot sizes sometimes. Just because of what's happening across the street does not make it something that is desirable. We are bringing in higher quality jobs and we need housing opportunities to house them, so they don't all have to Meridian City Council July 18, 2006 Page 40 of 56 live in other communities. So, you know, personally, I am looking for a diversity in housing choices that are going to balance the choices. And I'm only speaking for me. Whitehead: Sure. De Weerd: So -- but I think this is a unique area in how it's been developing out and how people have said we want to stay around. With that said also to the neighbors, we heard that in Kingsbridge and many of the neighbors who were pushing for the larger lots are now selling theirs and they are coming up with even higher densities than what abuts them. So, we have seen both sides of this and we are trying to find what that balance really is. But there is a transition necessary here and -- and I see that there is a market in the south to have some executive housing to -- to answer to the types of jobs that we are really trying to attract and I will get off my soap box now. Whitehead: Absolutely. Thank you. De Weerd: I know. Council always appreciates that, too. Anything further, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I could say something. I agree with what the Mayor said. I think she's a hundred percent right and the sad part of it is some of the people that are in here, not wanting this to go with this density, will, one of these days, probably be in subdividing their ten or five acres wanting the high density. But that don't make it right. I'm like Councilman Rountree, I'd like to see you have another neighborhood meeting. I would be willing to continue this, see if you can't get some larger lots along that -- you know, along the side and stuff where you back up to the larger deals and I will assure you, as long as I'm on the Council, this is a standard that I want to see out there. What we have done in the past maybe hasn't been right, but I -- I think we need an area where the density isn't so high and I think this area is a good place to start. That's my personal opinion. De Weerd: Okay. Thank you. Whitehead: Thank you. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further testimony this evening, I would move that we continue the Public Hearings for Items 18 and 19 and give the applicant and their planning and Meridian City Council July 18, 2006 Page 41 of 56 engineering support an opportunity to have another public meeting with the neighborhood and work on the issues that they have heard this evening, work on the philosophy they have heard this evening from the Council, and see if there is a common ground and bring their resolve back to the Council. I'm looking at the city clerk for a date certain. Wardle: National Night Out is the 1st. Bird: Should be the 8th. Rountree: August 15th, 2006? Is that doable? Okay. Bird: I would second that motion. De Weerd: Okay. Wardle: Have a motion and a second. Discussion? De Weerd: There is no discussion on that kind of a motion. But we can ask for clarity if we can give further clarity to the developer and to the neighbors of what we are looking for. So, I do have a motion and a second to continue Items 18 and 18 to August 15th. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Wardle. Wardle: Okay. Madam Mayor, I was just going to -- as far as clarity, in my position on these larger lot subdivisions that abut future development within the Comprehensive Plan, I have good faith that the applicant can work with the neighbors. I have been one that, from a density perspective, don't necessarily feel that a huge transition can necessarily be made from -- you know, there is certainly some room, but I haven't been a proponent of the R-2 zones in the past, wasn't in the Kingsbridge Subdivision, just would like to state that I have it on the record for certain developments, certain sources, but ask the city clerk if you have further questions. Rountree: And we remember them well. De Weerd: Unfortunately, you're one vote. And I'm only a tie breaker, so -- staff, you had also asked a question on fencing for a change on the south and the east side. Canning: They had proposed new fencing and the condition just states construct four foot fencing as proposed, but they are now proposing six foot fencing. De Weerd: Okay. So, if that can be part of the discussion with the neighbors and -- okay. Meridian City Council • • July 18, 2006 Page 42 of 56 Canning: I think that was -- I think that was because of a concern expressed by the neighbors. De Weerd: Oh. Okay. Thank you, Anna. And thank you all. So, we will be hearing this again on August 15th. In the interim we do anticipate a neighborhood meeting. So, you may want to talk to the developer and applicant outside to ask any questions or feel free to call our staff tomorrow. Okay? Thank you. Item 20: Public Hearing: AZ 06-025 Request for Annexation and Zoning of 95.57 acres from RUT to R-8 and L -O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast corner of West Franklin Road and South Black Cat Road: Item 21: Public Hearing: PP 06-024 Request for Preliminary Plat approval of 406 single-family residential lots, 1 office and 23 other/common lots on 94.05 acres in the proposed R-8 and L -O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast corner of West Franklin Road and South Black Cat Road: De Weerd: Okay. Items 20 and 21 are public hearings on AZ 06-025 and PP 06-024. 1 will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Baraya project, I think it's said. And it's on the southeast corner -- or starts, basically, at the southeast corner of Franklin and Black Cat. Kind of an unusual shaped parcel. It's got kind of a chicken leg out here and, then, the large rectangular portion towards the east portion of the property. The applications before you tonight are annexation and zoning and preliminary plat. And the proposed density is 4.32 units per acre. The applicant is requesting annexation and zoning of 95.57 acres to R-8 zone and 1.68 acres of the site to L -O zone. And that is the -- this is designated as mixed use regional on the Comprehensive Plan. That is the reason for the L -O zoning. Here is the site plan. This is the easiest to see with this large property. I have the preliminary plat broken down in segments if you'd like to see it that way also. So, the applicant is proposing a preliminary plat for 406 single family residential lots, one office lot, and 23 common or other lots. The amenities include a multi -use pathway along the Perdham Drain. I think there is also a small segment through -- this is the Williams pipeline, comes through a corner of their property, which has a large setback requirement. They are also proposing a community park area that includes a pool and changing rooms and a tot lot and two half basketball courts. There was quite a bit of discussion in the staff report about the Comprehensive Plan designation. The Comprehensive Plan does call for mixed use regional. Almost all of the site is devoted to single family residential. And, then, the one office lot is here in the corner, the northeast corner. And shortly before the Planning and Zoning Commission hearing staff talked to the applicant, we just bantered about a couple different ideas. One was at least getting a mix of residential types along this collector road system that comes through and you will note that one of Meridian City Council July 18, 2006 Page 43 of 56 the DA provisions is that they will -- the applicant will apply for rezone and preliminary plat approval on these blocks to make them available for townhouses, thereby at least getting a little bit of mix of residential use to the project. The other discussion in the staff report that the Planning and Zoning Commission did add to the development agreement is restricting the developer to this western portion of the plat as shown and, then, giving the city 18 months, basically, to look at the -- to complete the Ten Mile specific area plan, to evaluate how this plan is consistent with that. If it was consistent, if residential seems to be the appropriate -- if this density of residential seems to be the appropriate use, then, they could go forward with that once that plan is adopted. If it wasn't, then, they would need to come back and replat this eastern portion from the Perdham Drain on over to the collector road. The final remaining development agreement provision that I wanted to talk about was that -- the L -O zoned area and there is provision that all future buildings within that area will comply with the schedule of use for the L -O zone and that they are subject to design review approval and that prior to issuance of any building permit with an L -O zoned area, the design review application be submitted and approved by the city. The Commission did hear this item and recommended approval at their June 15th hearing. Matt Schultz, the applicant, spoke in favor, as did Kent Brown. In opposition were Steve Moore, Ryan Stoker, Ron Moore, Brad Janicek. I believe those are several of the surrounding property owners. They all generally testified that they intend to do a more commercial development in the future. Again, this is not designated as commercial, it's designated as mixed use regional. So, there is an appropriate amount and type of residential of some sort. We are just not sure what it is or where it is yet and, again, that's why we are doing the Ten Mile specific plan. The key issues of discussion by the Commission were the appropriateness of the residential density and the future mix of uses in the area. The stub streets and street system. They did -- the Planning and Zoning Commission did remove one stub street requirement here. You have a collector street coming at the very eastern edge and, then, another stub street just one lot over. So, they did remove that stub street requirement. You still have stub streets -- you have got one here, one here, one here, one here. So, I think it's a total of six remaining. One, two, three, four, five. Total of five. They also talked about waiting 18 months to see what impact this Ten Mile specific area plan may have for this property. With regard to changes to staffs initial recommendation, they did remove the one stub street that I just mentioned and they required the development agreement's provisions that I have already outlined and, really, the outstanding issues for the City Council is do those DA provisions adequately address Council's concerns. Staff has struggled with this property knowing that we will be going into the Ten Mile specific area plan and knowing that this is within -- certainly within that area. We have the railroad tracks to the north. Here is Ten Mile to the east. Maybe this one goes out larger. Yeah. So, the Ten Mile area plan basically starts here, wraps around, goes to the south side of the interstate, comes all the way over here to McDermott and up to the railroad tracks. So, it's -- this is certainly within the core of that study. And with that I will answer any questions. De Weerd: Well, I appreciate you showing the planning area and I guess, Anna, I understand why you struggled will this. One, we are planning it so we can really determine the use, internal circulation, the supporting roads, and how it's all supposed Meridian City Council July 18, 2006 Page 44 of 56 to work together. There was a reason for that plan. And why this application, if it's mixed use regional and has one office lot, or -- it's not really mixed use either. So, it doesn't necessarily follow a Comprehensive Plan and I don't see -- Canning: And I misspoke a little bit. The property is actually divided. A portion of it is medium density residential. Most of the western half of it is medium density residential. It's the eastern half that's mixed use regional. I apologize for that. I forgot that. De Weerd: But that is what it is right now and for under study right now. Canning: Yes. De Weerd: Correct? Canning: Correct. De Weerd: Any questions, Council, for staff at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for potential use, on an application such as this, the city has no ability to put it on hold, so to speak. We have to take an action of some sort. And that would be a question either for Anna or Mr. Baird. Canning: I think if the -- if the applicant is willing, I think Council can continue it for some time. The concern would be that it is vested with the Comprehensive Plan designation that was in effect at the time it was submitted. So, without the voluntary act of the applicant, we couldn't say that they had to be consistent with the new Comprehensive Plan, unless they were to file a new application under that. De Weerd: Okay. Thank you. Is the applicant here this evening? If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Councilmembers, my name is Matt Schultz with RMR Consulting. My office is at 2127 South Alaska in Meridian. I'm here on behalf of the Baraya Subdivision. Thanks, Anna, for introducing the project and I'm here to convince you not to wait 18 months, that we do have a project that conforms to the master plan and I thank Anna for clarifying that we do, indeed, have -- is there a picture that shows the overall master plan anywhere, Anna? Kind of steps out -- Canning: I can get one up. It will take me a minute, Matt. De Weerd: There is one right there. Meridian City Council • July 18, 2006 Page 45 of 56 Schultz: At the Planning Commission hearing I did submit for the record a plan showing our site overlaid on the master plan. That should be in your record as well. But just generally, the site is located on the south side of Franklin Road between Ten Mile and Black Cat, which, obviously, the focal point for Meridian as that the Ten Mile interchange is starting to get planned and we move forward here in the next several years on getting things going out here. This -- this side of the site over to here is medium density residential. The project consists of two parcels, one 80 acre parcel and one 15 acre parcel. Our one 80 acre parcel is bisected by two plan designations. One of them being medium density residential and one being the mixed use regional and, then, we have a canal or a large drain, the Perdham Drain, bisecting the site, which is a natural division, which doesn't necessarily follow the straight lines as they are commonly drawn on these comprehensive plans. Back in February when we started this project and had our pre -app with Meridian, there was talk that single family residential -- was a use allowable under the mixed use regional and having -- at the time all we had was the 80 acres and my client, who is a residential builder, if you look at the bigger picture of what is a prime mixed use -- you know, the typical mall or big box, if you look at a prime location, this is not it. The Ten Mile corridor -- this is a quarter mile away from Ten Mile, which is over here. This is an inferior product for mixed use. If mixed use does go out in this area, it's going to be after the interchange gets put in, probably -- you tell me, 2010, 2009, 1 don't know what the latest numbers are, but it's out there several years before mixed use really becomes a viable -- a traditional mixed use. We still maintain, based on staffs direction initially, that this portion, being on the fringe of a bigger medium density residential, is consistent with the master plan and we have done a lot of that forward planning -- I believe it was just awarded last month or earlier this month to a consultant. We have done a lot of that with our engineers. My consulting firm's experience, we have worked with ACHD very closely and provided a collector road here on our boundary that provides a very strong and definite transition between the single family and whatever may be a higher intensity closer to Ten Mile later. This collector road -- and what that lines up with, because we did do our fore -planning, is across the road here was a project called Silver Oaks, it's high density residential -- I don't know if I want to call them four-plexes or townhomes or whatever they are, but it is -- we thought it was good planning to line up with them, that's why there is a curve in the road here, and ACHD thought, oh, yeah, that's a good idea to provide good access down to the future higher intensity, a good division between our medium density and whatever might come in here, which we don't know yet. We have worked with the parks department very closely, stepping back at the bigger area and looking and where is the best place to put a future regional park and it's not on this site. There is a tendency with the first guy in they want to take a chunk, but I convinced Doug and Elroy that, hey, there is a better spot of it, it's not on this site, it's, actually, over here. De Weerd: It's always on someone else's property. Schultz: Well, honestly, as an engineer and a consultant, I was honest with them and said, honestly, guys, let's look at the property ownership maps and the access issues out here and they went, you know, Matt, thank you for being honest with us, because most guys would say I don't want to do it, see you later, but I was willing to sit down and Meridian City Council July 18, 2006 Page 46 of 56 contact property owners and step through the bigger -- the bigger process if it needs to go on in this area. But I do understand your comment, Mayor, on that. De Weerd: I'm sorry. Schultz: Not on my site. There is that indication -- you know, knee jerk reaction. We have done two regional pathways, one along the Perdham Drain, and it's not real apparent, but there is a hundred foot wide easement here with no ditch, no nothing, it's just farm ground, but there is a regional pipeline that goes -- it's a multi -state pipeline, believe, and we have actually -- nobody told us to do it, we are planning a pathway on our segment of it, so it could be continued in the future as things develop north and south and utilize that space, instead of just leaving it unusable. We have provided what we believe is the last -- the next step after you lose your private open space, you lose your backyards. We have five to the acre over here, which is not all that low density. That's about as high as you can go within the zoning ordinance without jumping to an alley -loaded lot, which you lose your private open space, and we are about four to the acre over here. Combined we are about 4.3. So, what we really tried to do, based on some decisions that were made last year, late last year on some other projects, we left some density on the table and really tried to walk the line on density versus private open space and some public -- you know, some common open space, a park with the pathways, really provide what we thought was the most appropriate project for my client, who is a single family residential builder, having bought the whole 80 acres, we want to do the best thing we could working with the neighbors. Mr. Janicek didn't like the fact he had three accesses to him, so we did delete that. Mr. Stoker was from Los Vegas representing the buyer of this project. He wanted us to wait 18 months just because. And there was -- I can't remember the other people that testified, but those were the main neighbors that we have been working with to provide access, provide something compatible with them within the confines of the master plan, which is medium density, even below us here. Residential. And, then, you get into mixed use. And who knows what that might be, mixed. We just don't know. And I'm not so sure waiting 18 months or waiting even a month is going to get us something different than this as one of the major shareholders in that process. I did provide an exhibit and a diagram showing that 80 acres and what -- I believe there was four square miles of study area. We are like two percent of the study area. It looks real big right here, but when you back out it's really -- it's very small and it's the boundary between -- I think it's the only spot where the master plan actually crosses property lines. This piece has duel zoning or master plan. It's all one piece, 114 acres. And our piece has the split zoning. This one's definitely on the freeway and probably appropriate. Ours -- like I said, the primary mail, if you will, if we ever get one that's going to go here, 1,300 feet is really the maximum you usually see, your high intensity, and we feel with that collector there we provide that good transition between the two. We are -- we have worked with Public Works on a sewer easement. We have got the alignment for it ready to go on that. We have worked with ACHD very closely. We feel like we have done a lot of that forward work at our cost and the neighborhood meeting process and the planning process that we provided a lot of foundation, we believe, for the new study area in this area and don't think we are going against it, I think we are complimenting it with the work that we Meridian City Council July 18, 2006 Page 47 of 56 have done to get people to the table. I guess with that I'll stand for any questions and hopefully get your approval. De Weerd: Council, any questions? Bird: I have none at this point. Rountree: I have none. De Weerd: Okay. Thank you. Schultz: Thank you. De Weerd: Okay. I have one person signed up to provide public testimony. Steve Moore is signed up against. If you would like to provide testimony, please, come forward. Please state your name and address for the record. Moore: Madam Mayor and Council, my name is Steve Moore and my address is 820 South Black Cat, Meridian. My appeal tonight is offered in the spirit of what I believe is best for our community and offers a big picture view of this piece of real estate. Meridian has been my home since 1972 and I remember the time in the late 70s until the 1990s when the citizens of Meridian were Boise chamber of commerce's best friend, de facto. Specifically I mean Boise had the business and industrial revenue and Meridian had the expense of building the houses and schools for employees of those enterprises. In short, our community was unbalanced and often referred to as a bedroom community. That's no longer the case, gratefully. In the last decade we have seen a great turnaround, more balance, business, industry locating, as well as residences to balance growth. This particular subdivision is, in my opinion, a step back in the wrong direction. My concern is fueled by reality such as a recent front page Idaho Statesman article noting that the population shift to the west, so that the population center of the valley is now Eagle Road and Pine Street. This shift predictably will continue west may soon be at Ten Mile Road and Pine Street. Availability of residential parcels are and will continue to be less of an issue in the long term for Meridian than commercial and industrial parcels, especially as we see the south side of the interstate develop, too. A healthy community preserves its most attractive and logical places for commercial and industrial use not already taken for residential use. Residential use contributes for less and takes much more financially from a community. It appears to me that Meridian's present impact area and proposed impact area offers many places to build houses than logical industrial and commercial options. Specifically, Meridian has one interstate and one railroad track and appears in proximity to -- and areas in proximity to them should be preserved for their best use. It has not happened from Cloverdale to Ten Mile and we are, as a community, having to work around residences that probably never should have been built. Just now we have left Ten Mile to McDermott close to an interchange, which is ideal. As an off ramp comes to Ten Mile, the present face of our community can change for the better radically. Unfortunately, mistakes of the past will have to be financially compensated. It's too bad that the Meridian City Council July 18, 2006 Page 48 of 56 interchange was not decided and built years ago with a legitimate artery going north to Chinden years ago. We are, consequently, left with incredible amounts of pollution, road rage, wasted time, to name a few of the compromises created to our quality. De Weerd: Mr. Moore, if you can, please, summarize. Moore: Okay. What I'm saying is is that this is a mistake. Why make the mistake again when we have a chance to do it. Traffic patterns and street uses for residential property are different than commercial and industrial. An example would be a kid riding his bike into industrial areas where trucks are unloading and in the middle of the night these accesses and outlets are going to put residential traffic through a place where trucks and those kinds of things happen. And so I am just saying that tonight, in summary, I think it's a mistake to allow these 400 plus houses. I'd love to see this study done, because the first domino or a playing card that's played is going to affect the future and my appeal is I think one of principle and I ask to put the brakes on this until the whole area is studied, because once that area is lost to residential, it's lost. And I just think the interstate and the freeway, the railroad tracks, are a huge -- huge asset and buffers have to be built. This is hardly, in my opinion, mixed use when it's all single family dwellings and one commercial lot and there is going to have to be a lot of buffers to the industrial area. Thank you for your time. De Weerd: Thank you. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Would you like to close? Grady: Madam Mayor, just real quickly I just want to provide some clarification. Matt said he had been working with Public Works on the easement for that Black Cat -- that is somewhat true, but it's been elusive at best. We don't have the easement yet. It is that remaining easement to get across to Overland. I guess I was hoping for a little more of a cut and dried on that easement. I just wanted to let you know that it's -- we do not have the easement yet. De Weerd: Thank you, Len. Okay. Schultz: Mayor and Council, if I could address the gentleman's comments, Mr. Moore, and also Len's, to summarize and wrap up. I understand Mr. Moore's frustration with the regional access issue that we have in Meridian. I'm a Meridian resident and I'm a little frustrated, too, but, fortunately, things are -- the wheels are turning and things are moving ahead to the Ten Mile interchange, the Meridian Road couplet -- I can name probably 40 million dollars worth of projects in the next five years happening within these couple square miles. So, relief is coming, at least from a transportation end regionally, which I understand is a concern. I did want to address -- throw some statistics out for the record. I wanted to point out that within that plan right there, if you take out our 40 acres that are mixed use regional, which I still believe the residential applies to that, there is 824 acres of mixed use regional left there in that color, over one and a third square miles. There is shown on this map 385 acres of industrial, about two-thirds of the section. It's showing 65 acres of commercial. You know, most of that Meridian City Council July 18, 2006 Page 49 of 56 commercial is going to get defined within that mixed use regional later as people come in. There is -- between the low and the medium there is over 1,300 acres of residential within the plan and the overall plan is 2,700 acres. That's what we are set in, 4.2 square miles. We really believe that this project has not put a dent in the mixed use regional, that is more traditionally thought of as big box, malls, whatever is going to come in. High high density residential, which right now we are not sure is a good market for it, even though we all know affordability is getting more and more of an issue as land prices go up and that's what's going to force the high density, is just nobody is going to be able to afford medium anymore, that work in our area. That's what's going to force the high density and it's already going there. We are trying to hang on and do something that works from an affordable end. To address Mr. Grady's comment on the easement, we do not want to portray that we are holding up the easement in exchange for -- that is not what we are here for. However, this political body right here has final say on our plan. Right now my client owns the property. Let's just say in the really unlikely chance this gets denied, might go back to the drawing board, that sewer alignment may change, we would be stuck with it, there is -- we are in a very high stakes position on both sides, we understand that. But we do not want to say, hey, we are holding the easement in exchange for approval. That's not what we are doing. We are just trying to be prudent with that sewer easement on what if. That's all we think about. We lay awake at night thinking what if this happens, what if that happens, and there is all kinds of things that can change. But we do have the easement ready to go. It is ready to go and we hope to move forward and have our site -- at least our first phase wants to be in this area. That's where our point of annexation is and I know in the past that has been a place where services would want to be provided, where you annex. This is also the best visibility for our marketing. It's where we have our common area that we want to provide with our first phase. So, we are not prepared to wait the 18 months. We don't think that we need to wait 18 months. We do think the results of the study will come out the same. So, with that I hope to get your approval and I'm here to answer any of your questions you may have. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: And I guess my question is in response to your comment about the sewer easement. Everyone -- all those vacant properties on all sides of you have allowed an easement through for the sewer and they don't have any definite plans either. So, how would that put a kink in your planning? Schultz: Well, it may be an advantage to the city to have an owner that doesn't have a plan, that says, hey, I'll make it work later. This sewer easement, just as provided, goes down this road right here. That easement has been drawn up, the plan's been drawn up, the sewer lateral has been designed, it's ready to go. So, those other people -- Meridian City Council July 18, 2006 Page 50 of 56 De Weerd: That's not what I heard Len say. It wasn't ready to go. Because they are still waiting on that. Schultz: It is ready in terms of the easement has been written up, my client has reviewed it, my client is ready to execute it. In that respect it's right there, it's ready to go. The plan has been drawn. Everything -- all the questions and all the issues have been hashed out. What we are waiting for is this political body's final blessing on this layout -- if I came here tonight and you said you would want -- preferred this or you didn't like our lot width, that would change those plans. But we just don't know. We can only speculate as to what will happen at these hearings. De Weerd: Okay. Thank you. Schultz: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, is there any way that with that sewer you can go up Franklin Road and, then, cut across? Grady: Yeah. We can -- we have mapped out multiple paths with -- when Van Auker owned that, we were going to go around the drain, so we were going to head up Franklin. We were going to -- we can potentially go right down the canal. We have designed this to be pretty flexible in how -- how we proceed. Without this, of course, we are going to be building dry line to the south. I think -- Bird: Thank you, Len. I appreciate that. Madam Mayor, can I -- De Weerd: Yes. Bird: -- make a little statement here? First of all, I see another Crossroads happening here. Get a high density in there and, then, all of a sudden you get industrial and stuff out there and every industrial thing or commercial thing comes through you got to -- 500 people sitting here swearing up and down they never heard of it, that it was all going to be -- you know, the real estate people told them that they'd never put commercial or stuff there. And I don't like to get threatened with being held hostage. So, as far as I'm concerned start your sewer somewhere else and this Councilman is not in favor of this as it sits. De Weerd: Okay. Thank you, Mr. Bird. Rountree: Madam Mayor, if there is no further testimony and there doesn't appear to be, I would move that we close the public hearings on Items 20 and 21. Meridian City Council • July 18, 2006 Page 51 of 56 Bird: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 20 and 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Further information needed? If not, I would entertain a motion. Rountree: Madam Mayor, I move because of the current study situation we are in and the unknown situation we are in, that sticking with my motto that I'm in no hurry, to deny the application for annexation on Item 20, AZ 06-025. Bird: I will second that. De Weerd: Okay. I have a motion to deny Item 20. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Item 21. Do we still need to have an action on it? Baird: Madam Mayor -- and I will -- it's been awhile since this question's come up and I want to be consistent with my prior answers. We really don't have jurisdiction to act on it, but there needs to be a final action so the file can be closed. So, I think the motion would go something like -- because of the denial of the annexation and zoning, we'd move to deny the preliminary plat, because we have no jurisdiction to approve it. Does that fit the purposes of your file? Rountree: Madam Mayor, I move that because of the denial of Item 20, annexation, that we deny the proposed preliminary plat for Item 21, PP 06-024. Bird: Second. De Weerd: Okay. I have a motion to deny Item 21. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Ordinance No. 06-1242 : AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Meridian City Council July 18, 2006 Page 52 of 56 Subdivision by Sea 2 Sea, LLC — southwest corner of Linder Road and Chinden Boulevard: Item 23: Ordinance No. 16-1243 : AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC — northwest corner of Chinden Boulevard and Linder Road: De Weerd: Okay. Thank you. Items 22 and 23 are ordinances numbers 06-1242 and 06-1243. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1242, an ordinance for annexation of property located in the northeast quarter of the northeast quarter of Section 26, Township 4 North, Range 1 West, 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 No. 06-1243, an ordinance for annexation of property located in the south half of the southeast quarter of Section 23, Township 4 North, Range 1 West, 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 R-4, TN -C and C -C in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear it read in its entirety? We appreciate you always shaking your head no. Mr. Wardle. Wardle: Madam Mayor, I move we approve Item 22, Ordinance No. 06-1242, and ordinance -- or Item No. 23, Ordinance No. 06-1243, with suspension of rules. Rountree: Second. Meridian City Council July 18, 2006 Page 53 of 56 De Weerd: Okay. I have a motion to approve Items 22 and 23. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 24: Approve 2007 Fiscal Year Tentative Budget: De Weerd: Item 24 is approving the 2007 Fiscal Year Tentative Budget. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I take it that's the budget that was given to us on the 14th? De Weerd: Yes. Bird: And I see nothing wrong with the budget, except in the Parks Department I have no problem leaving in the 200,000 for the lighted softball fields, but I -- I don't -- I don't know what softball fields we want to light. But I think we need to leave it in there, don't get me wrong, and I'm all for that, but I -- I'm not a hundred percent sold on the ones that we were approached with, but we -- I'd have no problem with leaving it in. De Weerd: Mr. Bird, I do know that we were going to come back with a joint use agreement proposal for you and further information, so we will certainly bring that back before the Public Hearing on the budget, so you can have that information at that time. Bird: Sure. Yeah. I'd like to -- I just wanted that on record, that while we are leaving the 200,000 in there, I'm not agreeing right now with where it was approached as being put. Wardle: Madam Mayor, just for that -- it's been budgeted, not appropriated. Bird: That's right. De Weerd: That's correct. Rountree: And I agree with that comment, that I don't think that it ties it to a specific activity, other than lighting a ball field somewhere. Wardle: Needs further discussion. Rountree: Yes. Meridian City Council July 18, 2006 Page 54 of 56 Berg: Madam Mayor, I will just reiterate this does not approve anything. It just gives us the figures that we have to notice to the public. Your final decision will come after the Public Hearing on the 29th of August. De Weerd: Thank you. Mr. Grady. Grady: Thank you, Madam Mayor. De Weerd: Oh, I'm sorry, Mr. Grady, before we ask you for your comments, I do need a motion from Council. Sorry about that. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve the proposed fiscal year 2007 budget of a total budget of 89,878,533 dollars. Rountree: Second. De Weerd: Okay. You have heard the motion. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Bird: Madam Mayor, before you get that comment -- Charlie just mentioned that my first year was a 12 million dollar budget. We have grown a little in eight years. De Weerd: I think we have a lot of Public Works projects. And speaking of Public Works. Grady: Madam Mayor, I have just been handed a signed easement for the project in question. And I believe Matt would like to ask for a follow-up comment, I guess, in exchange. So, he has given me the signed easement for that property and I guess he wants -- in return he wants to make a follow-up comment with regard to -- De Weerd: Okay. Mr. Schultz. Schultz: Madam Mayor and Council, as a consultant I get some thoughts sometimes and -- Rountree: That's what you get paid for. Meridian City Council July 18, 2006 Page 55 of 56 Bird: That's why you make the big money. Schultz: Not now. My client's not here, but we did grant the easement afterwards. I know it's a little late and all that, but I do want to apologize if we did offend in the presentation of that. I do -- I'm a Meridian resident. We need that sewer trunk through there. I'm also a civil engineer and I know you can design around it. I know you can. If you put me in that same spot, Mr. Bird, I would have said the same thing. I would have said let's just design around this sucker and get on with it, you know. But having said that, I do know that this is the cleanest, best route. I know Len's ready to go, anxious to go, and I just don't know the procedure for asking for reconsideration. De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, I would suggest that you -- we don't have a specific procedure, but we would allow you to request it anytime before the Findings for denial would be approved. So, it would be in your best interest to submit a letter requesting reconsideration to the city clerk as soon as possible, preferably before the next meeting. Schultz: How about tomorrow at 8:05. Baird: Upon receipt of that letter, it will be scheduled for the next available agenda, solely for the purpose of deciding whether to grant the reconsideration. So, we are usually looking in the request for some new information, something that was missed, some -- you know, some explanation of why it would be useful to revisit the matter. Schultz: Okay. Thank you. De Weerd: Thank you. Okay. If there is no further business in front of Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Wardle: Second. De Weerd: Okay. All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council July 18, 2006 Page 56 of 56 MEETING ADJOURNED AT 9:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) '�\'lllllllllllll///rD MAYOR T DE WEERD 0 LAIL ESTE ,�°°�fr�rr►alrlr IlaalO�`e 9 8 , Ab DATE APPROVED G. BERG JR.,"CITY CLERK July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of July 5, 2006 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Landmark Development July 18, 2006 u VAR 06-002 ITEM NO. 5-B REQUEST Findings for Approval -- Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace -- southeast corner of Ustick Road 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: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: Date: "�. �'1-4 Phone: 3'a -461 l0 Emailed: Staff Initials: ty of Meridian. Materials presented at public meetings s II bec a property of the Cl 9 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • In the Matter of Variance request for two accesses to SH 551 Eagle Road, for Gateway Marketplace Subdivision by Landmark Development LLC. Case No(s). VAR -06-002 For the City Council Hearing Date oh April 18, 2006, June 6, 2006, and June 27 2006 with updated findings for approval on July 18, 2006 City Council agenda. A. Findings of Fact 1. Hearing Facts (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 2. Process Facts (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached u dated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-002- PAGE 1 of 3 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 impose expense upon the public if proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the all in the attached findings in the updated Staff Report for the hearing date of April 18, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for accesses to SH 551 Eagle Road is hereby approved; and, 2. The applicant shall be allowed permanent access to SH 551Eagle Road at two locations: 1,350 feet south of Ustick Road and approximately 850 feet south of Ustick Road. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Updated Staff Report for the hearing date of April 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-002- PAGE 2 of 3 0 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED _0�� COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., Copy served upon Applicant, Attorney. VOTED VOTED /✓ VOTED_ VOTED Mayor Tar de Weerd r The Plaice} e ','Public Works Department and City °a�amica a�dse4°� ABy Dated: —j - ZO - 0 lD City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-002— PAGE 3 of 3 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT 10HEARING DATE OF 4/18/06 STAFF REPORT City Council Hearing Date: April 18, 2006 & June 27.2006'. Q� Updated for July 18, 2006 findings TO: Mayor and City Council wtl FROM: Joe Guenther, Associate City Planner 4'. p «g.vHaad Undated by Anna Canning, Director _ r SUBJECT: Gateway Marketplace Subdivision Variance File Number: VAR -06-002 - Variance request to allow a right in/right out access and a right in/right out with a left in access onto Eagle Road, SH 55 for Gateway Marketplace by Landmark Development Group, LLC. 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 a new approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at approximately 1,350 feet south of Ustick Road and one access driveway for right in, right out at approximately 845 feet south of Ustick Road. ITD staff indicated that the proposed access point does not meet district policies. The Idaho Transportation Department (ITD) has not approved any approach permits on this site and has made comment that this site does not qualify for access by standard district policy. The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations outlined in the approval letter dated March 24, 2006 which also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of the UDC. ITD staff acknowledged that they were required by state code to issue the access permits to deeded access points on state highways but encouraged the City of Meridian to be the authority on land use planning. The Variance application pertains to the 22.85 acres proposed as a commercial mixed use development, the applicant has submitted a development application (PP -06-002) consecutively with the variance request which will also be heard on April 18, 2006. The City Council has final decision authority on the Variance application. The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page 2 of this report. The Council voted to deny the requested access on April 18, 2006. Prior to adoption of the fmdines. the applicant requested reconsideration of the Council's decision The Council conducted a second hearing on June 27, 2006. The applicant's request at that hearing was for right -in permanently and right -out temporarily at two locations: 1,350 feet south of Ustick Road and approximately 850 feet south of Ustick Road. The Council voted to approve right -in and right -out (permanently) at both locations 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR -06-002) 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 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. However, to staff's knowledge, no such specific recommendation has been provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.) 3. PROPOSED MOTIONS Gateway Marketplace Subdivision Access VAR -06-002 PAGE 1 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT* HEARING DATE OF 4/18/06 Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR - 06 -002 as presented in the staff report for the hearing date of April 18, 2006, and the site plan (preliminary plat) labeled PP -1, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -06- 002 as presented in the staff report for the hearing date of April 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR - 06 -002 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: SE corner of Ustick Road and Eagle Road/SH55 Township 3N, Range 1E, Section 4 b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C -G) (AZ -03-018) f. Present Comprehensive Plan Designation: Mixed Use -Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant /Drive thru and other Commercial and office uses oriented around automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. ■ There is no possibility of providing a frontage road as ITD policy claims; ■ ITD has already granted approach permits for the project on the north side of Ustick Road; Gateway Marketplace Subdivision Access VAR -06-002 PAGE 2 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT IWEARING DATE OF 4/18/06 ■ We believe we are grandfathered from the UDC based on discussions and annexation occurring before its adoption. 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 11-5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Council — March 27 and April 10, 2006 C. Radius notices mailed to properties within 300 feet on: Council — March 24, 2006 d. Applicant posted notice on site by: April 7, 2006 e. City Council conducted the initial hearing for this item on April 18 2006 and aDDroved the project. Before the findings were adopted, theapplicant reguested reconsideration. The reconsideration hearing was initially scheduled for June 6 2006 and continued to June 27, 2006. f. Newspaper notifications for Council reconsideration hearing_ published on: May 15 2006 and May 29, 2006. 9. Radius notices for Council reconsideration hearing mailed to properties within 300 feet on: May 11, 2006 h. Applicant posted notice on site for Council reconsideration hearing by May 27 2006 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area: Large lot residential, highway -oriented services, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C -G. 2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned C -G, Rl, and RUT 3. South: undeveloped parcels zoned C -G with Redfeather Annexation. 4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT - proposed zone C -G d. History of Previous Actions: In April 2004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi -family Residential, transitional, and office uses under File AZ -03-018. Some property was annexed and zoned to General Retail and Commercial (C -G) with a Development Agreement while other portions of the property (on the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Gateway Marketplace Subdivision Access VAR -06-002 PAGE 3 CITY OF MERIDIAN PLANNINSD ZONING DEPARTMENT STAFF REPORT 19HEARING DATE OF 4/18/06 Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Size of Property: 22.85 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ■ The applicant is proposing two new access points to Eagle Road/SH55 to serve the Gateway Marketplace project at approximately 850 feet and 1,350 feet south of the Ustick/Eagle Intersection. 6. AGENCY COMMENTS All agencies provided comments for the plat application being heard simultaneously with the variance request. Please see the public record for the Plat file for any written comments that may have been submitted by other agencies. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application: • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The AChD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with AChD's standards. Please seethe ACFID staff report and Exhibit B for the conditions from ACBD. The Idaho Transportation Department (ITO) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from the plat design if the Meridian City Council does not grant a variance and/or ifITD does not approve an approach for this site. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets with the exception of the curb cut shown on the site plan. By ordinance, a minimum 25 - foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Gateway Marketplace Subdivision Access VAR -06-002 PAGE 4 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT 146ARING DATE OF 4/18/06 ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD 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, 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 - "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and properly 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: 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 11-3H4.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. Gateway Marketplace Subdivision Access VAR -06-002 PAGE 5 CITY OF MERIDIAN PLANNINOD ZONING DEPARTMENT STAFF REPORT *EARING DATE OF 4/18/06 ■ Annexation In September 2003, Planning Staff member Brad Hawkins -Clark included the following constraints on the development agreement in the staff report for the Kissler Annexation: "Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Subsection 2, pg. 71) No access points are proposed or addressed as part of this application. The Planning & Zoning Department has had recent discussions with ITD District 3 (Sue Sullivan) regarding controlled and restricted access points adjacent to SH 20-26, SH 55 and SH 69 in Meridian's Area of Impact.. We are recommending ITD coordinate with the City of Meridian to require backage roads be constructed on all parcels with state highway frontage, wherever the parcel sizes and configurations allow. Therefore, in light of this recent policy discussion, staff is recommending the Commission and Council require backage roads (either public or private) be incorporated into future development as a condition of the DA. (See Site Specific Condition #3 below.) Site Specific Condition #3 reads: The DA shall require that all future uses within the boundaries of this annexation only be approved with either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. Testimony was taken at the public hearing on the Kissler Annexation February 24, 2004. Council Member Bird made the motion with a contingency on the extent of the approval that stated: "We are basically just annexing the property, we are not giving any go ahead on anything or any designs, so with that said I would move that we approve AZ 03-018, the annexation and zoning of Kissler, Cobb, and Ruwe parcels and to take condition number three as per applicant's statement." ■ Development Agreement The following findings were made and written into the development agreement for AZ -03-018. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 1. SH155 has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A. 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type I V will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which Gateway Marketplace Subdivision Access VAR -06-002 PAGE 6 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT A06ARING DATE OF 4/18/06 time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 20. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with ACBD policies in order to preserve the capacity and movement on these roadways at build- out. ■ Trak Accident Data The following is the 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND q4 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. ■ Eagle Road Arterial Study — Final Report (April 2004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter V1 of the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: Gateway Marketplace Subdivision Access VAR -06-002 PAGE 7 CITY OF MERIDIAN PLANNINWD ZONING DEPARTMENT STAFF REPORT &EARING DATE OF 4/18/06 - Para. 3.2.5, pg. 4: "TTI) and ACHD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACh D has provided two access points to the site which lie along Ustick Road. The availability of Cross Access to collector and arterial road systems would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Allys Way) or the approved approaches to Ustick Road. These approaches all lie within 1, 350 feet of Ustick Road or 500 feet to the future collector roadway which would be an acceptable length of which commercial users would expect public road access. - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and potential accidents on Eagle Road. ■ Access Analvsis TTD must issue a right-inhight-out permit and a full access permit for this site, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At this time the policy in place would be for frontage roads to serve this site and provide connection to the %2 mile and the collector road systems. TTD has submitted a letter indicating that they will not make a final decision on approving access to Eagle Road until such a time as the Meridian City Council has formally acted on the Variance request. City staff does not support any access to Eagle Road in this location. On March 22, 2006, ]FID conditionally issued the two access points to Eagle Road at the locations defined by the applicant. Please see the letter in the file dated March 24, 2006. In addition, the applicant is proposing two new access points to Ustick Road at the following locations: ■ Driveway #1— 350 feet east of Eagle (right-in/right-out with center median) ■ Driveway #2 — 700 feet east of Eagle (full access) Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55. ACHD has stated that the applicant shall provide cross access south and east to connect to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. ACHD staff will be in attendance for the April 18, 2006 hearing and have stated their opposition to access on Eagle Road as it diminishes the classification and function of the future North/South collector roadway (Allys Way), if excessive points of access are allowed to Eagle Road ACHD may change the road project to a lesser classification or not construct Gateway Marketplace Subdivision Access VAR -06-002 PAGE 8 CITY OF MERIDIAN PLANNINOD ZONING DEPARTMENT STAFF REPORT IWEARING DATE OF 4/18/06 the project at all. This project along with the Una Mas Project east of the site will connect with Ally Street, a proposed public street serving as a collector roadway to the entire area. The design received March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas Annexation) shows private, internal driveways connecting to the future public street; such driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately Ustick Road. Staff has required both the ACHD and Una Mas annexations to enter into a Development Agreement with the City of Meridian to make the connection to Allys Way. ACHD would also like for Council to consider asking the developer to modify the DA to include applicant participation in constructing the collector roadway. ACHD Staff notes that the DA requires the applicant to construct a frontage/backage road, similar to what is being done by the Winston Moore project on the NW corner of Ustick and Eagle. ACHD has acquired property to facilitate the appropriate location and alignment of such frontage/backage road, but they do not have funds committed for construction. It may be appropriate to tie development of the subject property to construction of the collector roadway. For a detailed report on both I TD's and ACHD's actions and comments, please see the letters/reports submitted with the application. ITD and ACHD will have staff available for comment and questions at the public hearing. ■ Applicant Arguments to Grant Variance 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 had not begun the process of securing access to Eagle Road at this location 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 site was annexed, but did not have any specific uses approved nor any use permits granted for the property. All properties being annexed into the City of Meridian require future uses to be upgraded to meet the City of Meridian Standards and required all future uses to comply with Comprehensive Plan policies and ordinance standards. I TD had not approved access permits to this site prior to September 15, 2005. 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 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. Staff responded citing ITD's policy that states 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 Ustick Road, which will be upgraded at the controlled intersection east of the site. ACHD has also provided a public road connection (future Allys Way collector) which will provide the frontage road requirements for the subject site. Planning Staff required multiple cross access points to the north which were to be designed as commercial collectors with appropriate widths and limited connections for all sites SE of the Ustick Eagle Intersection (Una Mas and ACHD's Annexation) Staff conditioned these road connections to serve as the frontage type roadways with limited access Gateway Marketplace Subdivision Access VAR -06-002 PAGE 9 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT *HEARING DATE OF 4/18/06 (no parking) as required by ACHD for traffic circulation and no further connections to Allys Way. Access to Eagle Road would not be necessary if properly designed and managed. These public access points are less than 1,350 feet from any point on the site and when 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 1/4 of a mile when accessing a public road system, especially for commercial uses along a major roadway (Ustick Road). Furthermore, the UDC includes a statement that an access "may" be granted, if approved by ITD. However, the UDC explicitly states there must be an "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 to increase the intensity of the use and change the nature of the area which are prohibited by 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 Eagle Road/SH55. Planning Staff find: • The request does not meet the standards for access approval as required by UDC 11-3H. • The letters received from ITD during the 2003-2004 annexation process make no guarantees that permanent access points would be approved • ITD specifically stated their opposition to access at this site in 2003 and the City of Meridian incorporated their recommendation as a consideration for annexation. • City of Meridian Council Members are on public hearing record in 2004 opposing access points to Eagle Road for the eastern side of the development and required a frontage road access only. • These access points are not shown in the Eagle Road Corridor Study. • No reference to prior access approvals from the City of Meridian was found in any documentation • Staff has made findings for the Gateway Marketplace preliminary plat for Allys Way to be the required frontage road with the project development. Again, the Council may want to consider tying development of the subject property to the construction of the Allys Way collector road. The finding for frontage road will satisfy the ITD policies for interconnectivity and provide adequate access for commercial development as well as meet the intent of the Development Agreement. Staff is also concerned that if access to Eagle Road is granted that ACHD will not construct Allys Way to the level of service being considered which would mean a frontage road would not be provided for the site and this finding would not be made. 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. We have prepared findings consistent with this recommendation in Exhibit C. Gateway Marketplace Subdivision Access VAR -06-002 PAGE 10 CITY OF MERIDIAN PLANNIN*D ZONING DEPARTMENT STAFF REPORT 19HEARING DATE OF 4/18/06 10. EXHIBITS A. Project Plan (by The Land Group, Stamped March 10, 2006) B. Legal Description C. Required Findings from UDC (Variance) Gateway Marketplace Subdivision Access VAR -06-002 PAGE 11 CITY OF MERIDIAN PLANNINWD ZONING DEPARTMENT STAFF REPORT I*HEARING DATE OF 4/18/06 Exhibit A: Overall Concept Plan (Red Cliff Development Company) Meridian Gateway Variance Application Exhibit A Page I CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT *HEARING DATE OF 4/18/06 1116s a. aaaaa aa'aa a W Meridian Gateway Variance Application Exhibit A Page 2 1�i�GATEWAY Aw". MARKETPLACE SUBDIVISION Preiiminery Plat; s# r 3 IU:BfHlp11, Id31'SO S $. Meridian Gateway Variance Application Exhibit A Page 2 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT &EARING DATE OF 4/18/06 Exhibit B: Legal Description cla born AL u. ante consuftir° engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208)376-8555 Fax (208) 429-9862 P.N. 2279 October 20, 2005 PARCEL "A" USTICK PROPERTY REMAINDER PARCEL DESCRIPTION A parcel of land lying in the Northwest 1/4 of Section 4, UN., RAE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest corner of said Section 4, thence S 89 49'08" E along the North boundary of said Section 4 and the centerline of Ustick Road for a distance of 97.62' feet; thence leaving said North boundary and centerline S of 50'52" W for a distance of 77.96 feet to a point on the South d& -of -way line of Ustick Road, being the REAL, POINT OF BEGMNING; thence along said South right-of-way line for the following 13 courses: N 44 02'14" E for a distance of 47.06 feet; thence S 89 49'08" E for a distance of 262.81 feet; thence S 47 51'21" E for a distance of 4 1. 18 feet; thence N 87 17'10" E for a distance of 29.03 feet; thence N 47 43135" E for a distance of 40.57 feet; thence N 89 13'34" E for a distance of 179.28 feet (formerly described as 179.20 feet); aauur G: .ij ): L lut , Gsti.;tw v: 1 J.Lj tef.t, thence S 89 49'08" E for a distance of 10.00 feet; ihrncc (� tai ; . t•. 1 ,. a iiisatu.c.c of I>.4 i feet. C:1PrajectslUOULLA (2279)0=.enrslftW Ad,,- t - Meridian Gateway Variance Application Exhibit B Page 1 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT FEARING DATE OF 4/18/06 P.N. 2279 cicaiborn d waite consultin9flc engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 PARCEL "B" USTICK PROPERTY 5.51 ACRE SPLIT October 20, 2005 A parcel of land lying in the Northwest 1/4 of Section 4, T.3N., R IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest cower of said Section 4, thence S 89 49'08" E along the North boundary of said Section 4 and the centerline of Ustick Road for a distance of 97.62' feet; thence leaving said North boundary and centerline S Or 50'52" W for a distance of 77.96 feet to a Point on the East right-of-way line of Eagle Road; thence along said East right-of-way line S Or 50'52" W for a distance of 1038.43 feet to the REAL POINT OF BEGINNING, thence continuing along said East right-of-way line S or 50'52" W for a distance of 154.90 feet; thence S OU 36'13- W along said East right-of-way line for a distance of 114.17 feet; thence leaving said East right-of-way line S 89F 51'00" E for a distance of 700.02 feet; thence N W 36113" E for a distance of 93.77 feet to the South boundary of Govwmnent Lot 4 of said Section 4; thence S 89' 51'00" E along said South boundary for a distance of 61.35 feet; thrsttrn la.nuinss ea�.i C.tite11.:7; ,^,Tl..t-.. 7t !tn �i•n�.. I•v • -... U; ALkllt— thence N 89' 51'00" W for a distance of 363.00 feet; ti '►tis t�(i :?` 'OO' S0' t. 1 c: �llSini;� i iJi (:. (Jii (c^t-T. C:tProjectslUstickLLA (2279)13ocumentslParcel B.doc- 1 - Meridian Gateway Variance Application Exhibit B Page 2 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT FEARING DATE OF 4/18/06 thence N 89 51'00" W for a distance of 177.00 feet; thence S OU 09'00" W for a distance of 34.50 feet; thence N 89' 51'00" W for a distance of 218.67 feet to the REAL POINT OF BEGINNING; containing 5.51 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. C:1Pr0jects\UstickLLA (2279)\Documen1s\Parce1A.doc- 2 - CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT 110HEARING DATE OF 4/18/06 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 -5B -4.E 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: See ien 1-1 314 3 of t e UPC;_ does t s -e tt^ t the City r tmay eensidef a apply ffk,.a:fieet:eas V ,.,, ti.eV..t.,.,aa,.a., of A.�.z„ie,.u.. ,...., ... upen ,.:A,. aa....:__ _r 4L_ .rrr. . The Council finds that this variance will not grant a special right or privilege Because so much of Eagle Road has developed with many access points the adopted Code has the effect of penalizing properties that are now tr nng to develop along the corridor. The Council supports considering each proposal for access to Eagle Road on a case-by-case basis to evaluate this finding. B. The variance relieves an undue hardship because of characteristics of the site; Ge inceil fi*ds thefe aFe ne physiea4 ehmaetefisfies of the s4e wmf rdemand aeeess peii#s be a mt.. aea th t h e r- dig e t tb..,« other- pr-epe#jes ieng L 1 >?ea&9145e Pe. exeAmple, them eanals or- a:tet,es whieh pr-evefft aeeess� Ust:ek Deva The ..ubjeet haspe4has tie ba ff:e«. to et:..,......,,kipleaeeess t t civ Meridian Gateway Variance Application Exhibit C Page 1 — . NEW W"M M Mw ' --criNT"n PWM Y, Y, Y_ Y, I I I I See ien 1-1 314 3 of t e UPC;_ does t s -e tt^ t the City r tmay eensidef a apply ffk,.a:fieet:eas V ,.,, ti.eV..t.,.,aa,.a., of A.�.z„ie,.u.. ,...., ... upen ,.:A,. aa....:__ _r 4L_ .rrr. . The Council finds that this variance will not grant a special right or privilege Because so much of Eagle Road has developed with many access points the adopted Code has the effect of penalizing properties that are now tr nng to develop along the corridor. The Council supports considering each proposal for access to Eagle Road on a case-by-case basis to evaluate this finding. B. The variance relieves an undue hardship because of characteristics of the site; Ge inceil fi*ds thefe aFe ne physiea4 ehmaetefisfies of the s4e wmf rdemand aeeess peii#s be a mt.. aea th t h e r- dig e t tb..,« other- pr-epe#jes ieng L 1 >?ea&9145e Pe. exeAmple, them eanals or- a:tet,es whieh pr-evefft aeeess� Ust:ek Deva The ..ubjeet haspe4has tie ba ff:e«. to et:..,......,,kipleaeeess t t civ Meridian Gateway Variance Application Exhibit C Page 1 CITY OF MERIDIAN PLANNIN&D ZONING DEPARTMENT STAFF REPORT *EARING DATE OF 4/18/06 of W-&ffie w�Aeh is unimpeded -feff- —Aa; -Ad-d—it-i-enal 11.0- :—�441ea ;,;v—hiek -f44 eaase rv&e4iens in speed on Eag4e Read. Fu#heFmef:e, the fFee right eptieft is mt tied to In addAiea; when eeas4twfien upgFodes eii Ustiek Read eas4 of Eagle Read are eemplete-, a right tiff -0 AM;- te Eagle Read fiem 4P sm�j eet pfflpeAy sheu4d be felafiwly skffi* valley Drive Whieh WRI be a sigEwlized wer-see6efi, this *-M—ffie flemx 4A 14 then eent, A fundamental physical feature of Commercial development is access to the property. The project does have frontage on Ustick Road, but traffic volumes on Ustick may only allow right -in turns. Until the Una Mas property and Allys Way are developed, this leaves limited access to the property. The Council finds that approved right -in, right -out access points will limit the safety concerns and traffic impacts while providing access to the site and relieve an undue hardship. A full access intersection creates 32 potential conflict points. A right -in, richt-out onl with center medians limits the potential conflict points to four. The applicant proposes to mitigate these four conflict points by providing adequate acceleration and deceleration lanes. The Council finds that approved right -in, right -out access points will limit the safety concerns on the site and will not be detrimental to the public health. safetv. and welfare of the comuni Meridian Gateway Variance Application Exhibit C Page 2 0 9 July 14, 2006 RZ 06-001 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Dave Evans Construction ITEM NO. 5-C REQUEST Findings for Approval -- Request for a Rezone of 5.40 acres from R-8 to L -O (Limited Office) for Sundance Subdivision No. 5 -- northeast corner 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: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings M1 f V Vj_/ _J - Contacted: I til M okti%A� Date: Phone: Emailed:mioy- na& hengre 0. oay) Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r tF'@�f f5t t In the Matter of Re -zoning of 5.40 acres from R-8 to L -O (Limited Office); Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone; Conditional Use Permit approval to modify a previously approved application (CUP -01- 026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites; and Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision, by Dave Evans Construction. Case No(s).: RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 For the City Council Hearing Date of. June 27, 2006 (findings approved on July 18th, 2006 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 1 of 5 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 2006 (revised 3-1-06) is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated January 2006 (revised 3-1-06) 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 July 18, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 2 of 5 final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B- 7 -A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 3 of 5 0 0 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 July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 4 of 5 0 i By action of the City Council at its regular meeting held on the r 8 da of 2006. y COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ` LA— VOTEDhs VOTED_#!�A- VOTED V VOTED May?, j e Weerd ,\\�" Attest: <°°��°1 OF W e° William G. Berg, Jr., City 4flerk = , Copy served upon Applicant, The P1 ° ' t+t;`�ublic Works Department and City Ol8ti01 P4fVi`4 Attorney. By: Dated: -1-20-OLD City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 5 of 5 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/27/2006 Mayor & City Council C. Caleb Hood, Current Planning Manage F J; M, A t aY Sundance Subdivision Commercial Addition • RZ-06-001 Rezone of 5.40 acres from R-8 to L -O (Limited Office) • PP -06-014 Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone • CUP -06-011 Conditional Use Permit approval to modify a previously approved application (CUP -01-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites • MI -06-001 Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Evans Construction, has applied for a Rezone (RZ) of 5.40 acres from R-8 (Medium Density Residential) to L -O (Limited Office); Preliminary Plat (PP) approval of 12 commercial (office) building lots; and Conditional Use Permit (CUP) approval to modify CUP -01-026 by adding 8 additional building lots, changing the building and parking layout, and allowing potential drive-throughs. The applicant has also concurrently submitted a Miscellaneous Application (MI) to modify the recorded development agreement for Sundance Subdivision; an Alternative Compliance (ALT) application to reduce the required 20 -foot wide landscape buffer along the north and east sides of the property (adjacent to residential); and a Vacation (VAC) application to vacate recorded public utility, drainage and irrigation easements. The MI, ALT and VAC application do not require Commission action. However, staff has included analysis for these applications within the subject staff report. Except for the Vacation (VAC) application, the subject applications are being combined into one staff report. To approve the RZ, PP and CUP applications as proposed, the MI, ALT and VAC applications must also be approved. Except for the vacation application, the Commission should make recommendations to the Council on all of the subject applications. The subject property is within the corporate boundaries of the City of Meridian and is within the Urban Service Planning Area. NOTE: The applicant's submittal letter references retail uses on this site. Staff has contacted the applicant's representative at Toothman-Orton Engineering (Tun Mokwa) and clarified that retail uses are not being proposed; retail/commercial uses are not allowed in the requested L -O zone. 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP and CUP as well as the MI, ALT, and VAC applications) were submitted to the Planning Department for concurrent review. Except for the Vacation application, which has it's own staff report, staff has provided a detailed analysis and recommended conditions of approval for the requested applications below. Staff is recommending approval of theyroposed Sundance Subdivision Commercial Addition (RZ-06-001 PP -06-0014 CUP -06-011 and MI -06-0101) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 1 CITY OF MERIDIAN PLAT NI EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 heard the item on April 20 2006 and Mav 4.2006 At the May 4 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tim Mokwa ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Restricting vehicular access to this site; ii. Drive-throughs; c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-001, PP -06-014, CUP -06-011, and MI -06-001 as presented in the staff report for the hearing date of June 27, 2006, and the Preliminary Plat labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06), and the Site/Landscape Plan labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 001, PP -06-014, CUP -06-011, and MI -06-001 as presented at the public hearing on June 27, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 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: Northeast corner of Ustick Road and Meridian Road; Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision #3; Section 31, T4N, RIE b. Owners: Gary L. Voigt 71908 Jennie Lee Drive Idaho Falls, ID 83405 c. Applicant: Dave Evans Construction Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 2 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 5561 N. Glenwood Street Boise, ID 83714 d. Representative: Tim Mokwa, Toothman-Orton Engineering e. Proposed Zoning: L -O f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 2006 (revised 3-1-06) 2. Date of Site/Landscape Plan (attached in Exhibit A): January 2006 (revised 3-1-06) 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: April 3`d and 17th 2006 (for P & Z Commission hearing) and June 5d' and 19`h, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 20, 2006 (for P & Z Commission hearing) and June 2nd, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10th, 2006 (for P & Z Commission hearing) and June 17', 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast comer of Ustick Road and Meridian Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The properties to the north and east have been platted and developed with single-family residential lots within Sundance Subdivision. To the west, across Meridian Road, is a City Park. To the south, across Ustick Road, is Eastbrook Subdivision. This area has rapidly transitioned from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family, Sundance Subdivision, zoned R-8. 2. East: Single-family, Sundance Subdivision, zoned R-8. 3. South: Single-family, Eastbrook Subdivision, zoned R6 (Ada County). Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 3 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HE#G DATE OF JUNE 27, 2006 4. West: Settlers Park, zoned L -O. d. History of Previous Actions: This site was annexed and approved for office uses as part of the Sundance planned development in 2001. That approval included four office building lots. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer installed to service the already platted four lots. Location of water: There is currently a water main that bisects this property. Issues or concerns: None. 2. Vegetation: The landscape street buffers along Meridian Road and Ustick Road have been installed around this site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L -O 7. Size of Property: 5.40 acres (including right-of-way); 3.77 acres (excluding right-of- way) f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 12 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on Ustick Road and Meridian Road. These landscape buffers exist. 2. Width of buffer(s) between land uses: 20 feet to residential. NOTE: The applicant has requested alternative compliance approval to the standard 20 foot landscape buffer width, at the driveway locations to Ustick Road and Meridian Road. Please see the Analysis section below. 3. Percentage of site as open space: 19% of the site will be landscaped; open space is not required. h. Proposed and Required Non -Residential Setbacks: per the L -O zone L -O Standard Front 20 feet Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 4 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development is proposed from driveways located at the northwest and southeast corners of the development. These proposed driveways access Meridian Road and Ustick Road. A private commercial drive aisle will provide traffic circulation through the site. There is an existing stub street from the east, Santiago Court, that the applicant is not proposing to use for vehicular access. See Analysis below. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, `office' is defined as areas providing opportunities for low -impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds that the requested zoning designation, L -O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office". Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj . A, #6) The site is currently annexed and services are provided to this site. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) The landscape street buffers adjacent to Ustick Road and Meridian Road have been installed. Staff has included conditions for additional landscaping within this report. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 5 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 The applicant will be required to construct 5 -foot wide internal sidewalks. The applicant is also proposing to provide pedestrian access to firom the sidewalk on Santiago Court. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed L -O zone contributes to the variety of uses in this area, as envisioned with the Comprehensive Plan. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj . A, #6) The applicant is proposing to construct landscape screening/buffering for the existing single- family uses to the north and east. The Landscape Ordinance requires a minimum buffer width of 20 feet between single-family residences and office uses. The applicant has applied for alternative compliance to this requirement. See Landscaping in the Preliminary Plat Analysis below. • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) The L -O zone is considered a transitional zone between residential and commercial uses. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action 6) There is an existing stub street, Santiago Court, provided at the eastern property boundary. To enhance connectivity and allow traffic to flow better, staff recommends that Santiago Court be extended into the property. See Analysis below for more details. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is proposing access points to Ustick Road and Meridian Road, both arterial streets. With the platting of Sundance Subdivision No. 3, direct lot access to Ustick Road for this site was prohibited (NOTE. Staff believes that this was an error on the part of the firm preparing the plat. Staff can find no prohibitions on access to Ustick Road.)With the review and approval of the Sundance Subdivision development the ACBD approved an access to Meridian Road, at the north property line, and an access at the east property line to Ustick Road. Staff recommends that the applicant be allowed one access to Ustick Road and one access to Meridian Road. However, to limit access points to arterial streets if they become problematic in the future (e.g. — there are multiple accidents), staff recommends that the applicant also tie into the stub street to the east, Santiago Court. IfACBD determines that the access to Ustick Road is not functioning efficiently, it may be closed. See Access in the Preliminary Plat Analysis below. Staff believes that the proposed zoning and office uses for this property are 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. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 6 CITY OF MERIDIAN PLANNSbEPARTMENT STAFF REPORT FOR THE HEIWG DATE OF JUNE 27, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-213-2 lists office as a permitted use in the L -O zone. The Planned Development allowed for office uses in the R-4 zone as of the previous approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed office development. In fact, this area has been previously approved for office uses (AZ -01-012 and CUP -01-026). Staff believes the rezone is a clean-up of the previously approved office uses on this site. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on February 1, 2006 by Steven J. Frisbie, PLS) shows the property as within the existing corporate boundary of the City of Meridian. MISCELLANEOUS APPLICATION ANALYSIS: UDC 11 -5B -3.D.2 and Idaho Code § 65- 6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In March of 2002, G.L. Voigt Development (Developer) and McBirney Property Trust (Owner), previously entered into a development agreement with the City, and Dave Evans Construction (current developer) is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional office buildings and possibly two drive-throughs. The development agreement for this property was record on May 16, 2002 as Instrument No. 102056126. Staff is generally supportive of the applicant's request. However, staff does not support commercial/retail uses on this site only uses allowed in the L -O zone. This property is designated for office uses and retail uses are not consistent with the Comprehensive Plan or the proposed L -O zone. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Sundance Subdivision as follows: Page 1, Item 1.4 - "... `Property"s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L -O (Limited Office). . " Page 2, Item 1.7 - " WHEREAS, City Council, the 5' day of March 2002 and the XX day of XXXX. 2006, has approved certain Findings of Fact and Conclusions of Law..." Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction, whose address is... Page 4, Item 4.1 - ". .. Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 7 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE*G DATE OF JUNE 27, 2006 property as Single Family Residential and Office; that any proposed uses be consistent with the L -O zoning standards and required processes." Page 6, Item 11 - Change the condition to read: "That any proposed conditional uses in the L -O zone, shall require a CUP. The office uses, and all other principally permitted uses of the L -O zone, are allowed if constructed in accordance with the approved CUP site plan." Page 6, Item 12 - Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20 -foot wide planting strip adjacent to the existing residentially zoned lots to the north and east." Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 102056126) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the Citv Attorney, Bill Nary, at 888-4433 to initiate this process PRELEMEINARY 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 office development. Please see Exhibit D for detailed analysis of facts and findings. However, there are some specific changes to the plat that staff recommends: 1. Access: The applicant is proposing to construct two vehicular accesses into the site. The first access is proposed to intersect Meridian Road at the north property line. This access is approximately 440 feet north of Ustick Road, and was previously approved, by the City and ACHD with the approval of the Sundance Development in 2003. The second access is proposed to intersect Ustick Road at the east property line. This access is approximately 400 feet east of Meridian Road and was also approved by ACHD with the approval of the Sundance Development in 2003. However, a note was placed on the face of the final plat for Sundance Subdivision No. 3 that does not allow direct lot access to Ustick Road in this area (see Note #16 of the Sundance Subdivision No. 3 plat). Staff believes that this note is not consistent with the approval of the ACHD or the City in 2003. There is nothing in the conditions of approval or in the minutes that suggest that access to Ustick Road for the office portion of the development was prohibited. However, the applicant has submitted a new application for approval, and staff is re-evaluating the viability of allowing access to Ustick Road, an arterial street, so close to a major intersection (the proposed access to Ustick Road is approximately 400 feet from the Ustick/Meridian intersection.) Further, there is a stub street provided to the office lots from the east (Santiago Court). The City and ACHD typically require stub streets to be extended into the property, and try to limit access to arterial streets. Staff believes that this project should not be an exception to those policies. Therefore, staff recommends that the applicant construct a driveway to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it may be closed. A note should be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note should state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. As noted above the applicant is proposing access to Ustick Road and Meridian Road. Staff is recommending that a third vehicular access, to Santiago Court also be provided. Staff is further recommending that a cross -access, parking and ingress/egress agreement Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 8 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*G DATE OF JUNE 27, 2006 be recorded for this development so all 12 of the proposed office lots can use the driveways, drive aisles and parking areas. 2. Landscaping: A 20 -foot wide landscape (land use) buffer is required between L -O zoned property and residentially zoned property. However, UDC 11-5B, allows the City to provide for alternative means to certain standard development regulations, including landscaping. In granting such requests, the City typically requires specific improvements to be made, ensuring that the intent of the regulation being altered is maintained. There are residential lots to the north and east of this site. The applicant has submitted an alternative compliance request to allow the previously approved driveways to/from Meridian Road and Ustick Road to encroach into the required buffers. As a replacement for the landscaping, the applicant is proposing a sound -blocking wall along the portion of the entryway which encroaches into the residential land use buffer. Because the driveway location to Meridian Road and Ustick Road have previously been approved and should not be moved closer to the intersection, and because the sound wall should meet the intent of the landscape buffer, staff is supportive of the applicant's request. In lieu of the 20 -foot wide landscape buffer, the applicant should be required to construct a 6 -foot tall sound wall along the north and east property lines where the driveway is closer than 20 -feet to the property line (approximately 70 feet at the north property line, and approximately 100 feet at the east property line). NOTE: Adjacent to the east property line is an ACHD storm drainage lot. This lot is approximately 35 -feet wide but does not contain trees or other means to screen the subject site and driveway from the residential uses further to the east. The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Depict and construct a 6 -foot tall sound -blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line. Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 9 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HE41G DATE OF JUNE 27, 2006 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. 4. Common Areas: Maintenance of all common areas, including the cross -access, ingress/egress and parking areas, shall be the responsibility of the Sundance Subdivision No.5 Business Owners' Association. CONDITIONAL USE PERMIT: The applicant has submitted a Conditional Use Permit for the proposed development because the proposed lot configuration and building layout differs from CUP -01-026, the previously approved CUP for this site. With the approval of CUP -01- 026, four office buildings were proposed. The applicant is proposing to add an additional 8 building lots (12 total). The applicant also requests approval for drive-throughs for financial institutions on Lots 7 and 8. Staff is generally supportive of the applicant's development. However, UDC 11-4-3-11A requires drive-through establishments to be greater than 300 feet from an existing residential zone, or a CUP is required. Because the potential drive-throughs for Lots 7 and 8 will be within 300 -feet of a residential zone, staff recommends that separate CUP approval be granted by the City prior to operation of a drive-through on this site. VACATION: With the recordation of Sundance Subdivision No. 3, a 10 -foot wide (5 feet on either side of a lot line) public utility, irrigation and lot drainage easement was created on this site. The new lot configuration has potential pad sites that span across the recorded easements. The applicant has submitted application to vacate an existing, recorded public utilities, irrigation and lot drainage easement. Staff is recommending approval of this request to the City Council, subject to the applicant providing the City with relinquishments from all applicable utilities. Please see the separate Staff Report regarding VAC -06-004 b. Staff Recommendation: Staff recommends approval of the proposed Sundance Subdivision voted to recommend approval of the subiect applications with the conditions listed in Exhibit B of the Staff Report. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District C. Legal Description Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 10 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE H4�4G DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 11 CITY OF MERIDIAN PLAMOWEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) V • Exhibit A MOISUMM" aawamm ft am ARVNWUU III — I del:a T if V • Exhibit A MOISUMM" aawamm ft am ARVNWUU III — I CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JUNE 27, 2006 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) f LOAiw s a a D 4 flit pal I all , 13 tki It° f Exhibit A wu amsomn f LOAiw s a a D 4 flit pal I all , 13 tki It° f Exhibit A CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARy PLAT 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1- 06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Conditional Use Permit (CUP -06-011) shall also be considered conditions of the Preliminary Plat (PP -06-014). 1.1.2 Maintenance of all common areas, including the parking and drive aisles, shall be the responsibility of the Sundance Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Where a substandard landscape buffer is built, depict and construct a 6 -foot tall sound - blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line (see bullet Point below). Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 1.1.4 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. A note shall be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note shall state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. 1.1.5 Record a cross -access, parking and ingress/egress agreement for this development so all 12 of the proposed office lots can use the driveways to/from Santiago Court, Ustick Road, and Meridian Road. Said agreement shall also include the drive aisles and parking areas, as proposed. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLANNI&EPARTMENT STAFF .REPORT FOR THE HEOG DATE OF JUNE 27, 2006 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District/Settlers Irrigation District. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS—CONDITIONAL USE PERMIT 1.3.1 The site/landscape plan prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Preliminary Plat (PP -06-014) shall also be considered conditions of the Conditional Use Permit (CUP -06-011). 1.3.2 No drive-through is approved with this CUP Any fiAffe drive-through use on this site shall require Conditional Use Permit approval. 1.3.3 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 If the applicant is not going to use the existing 6 -inch sewer services, then an acceptable method to abandon them shall be coordinated with the Public Works Department during the detailed plan review. 2.3 Water service to this site is being proposed via extension of mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute Exhibit B CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEJWG DATE OF JUNE 27, 2006 standard forms of easements for any mains that are required to provide service. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Prior to final plat submittal revise the sewer and water easement called out in note #10 to reference City of Meridian instead of Garden City. 2.6 It appears to staff that the applicant is proposing to use the existing pressurized irrigation system that was installed with phase 3. Prior to scheduling of a pre -construction meeting a letter of plan approval shall be submitted by Nampa and Meridian Irrigation District. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEONNG DATE OF JUNE 27, 2006 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required). 4. POLICE DEPARTMENT 4.1 If no drive-throughs are approved, no comment. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JUNE 27, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 This is a staff level approval of a preliminary plat for Sundance No. 5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15, 2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions of the original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 8.2 All laterals and waste ways must be protected. 8.3 The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY OF MERIDIAN PLANN*EPARTMENI' STAFF REPORT FOR THE HESG DATE OF JUNE 27, 2006 C. Legal Description TOOTHMA N-0][troN FAWINEEMING COMPANY COMVLTMO MGMERg, SURvt3vttRs AND PLANNFRs 9377 CNIND N BOULEVARD 806F, IDAHO 83714-M8 288.323.2288 a FAX AW -323-2349 txxe5�aa�ryRrc-o.c.�n Pt Ojeet: 05161 Late: Fehmary 1, 2006 Fuge. I of 1 Land ikseription for Re -zone to L-t'I A parcel of land situated in the SW'/, of Section 3 I. Township 4 North, Range I Fast, Boise Ma�cidian' City of Meridian, Ada C:aunty. Idaho. being a portion orsaid SW fir, and a portion of Lot 10 and all of Lots 70 through lir, Block 7 of Scmdance Subdivision ilio. 3, as filed in Book 98 of Plats at Pages 100-5 and 10026, Records of Ada County, Idaho, described as fb lows: BEt*tN TNG at an aluminum mp, marking the comer cammou to Section 31. Tow--mtship 4 North, Range l East; Section 36, Township.4 North, Range I Vilest; section I TOUrn ;hip 3 North, Range 1 West; and section 6, Township 3 North, Range I East, all Boise Meridian, Ada: County, Idaho, from which brass cap: marking the: '/, corner common to said tions 31 and 36 bears N.O0®51'51X" r., 2650.09 feet; thene,e, Tong the fine common to said Sections 31 and 36 and the centedine of N- Meridian Road, 1 T N.00051'519 E., 494:46 feet; thence. along the nordwly litre orsaid Lot 26 and the vcmd,v Prolongation thereof, 21 S.8"9'IW'L•'.. 477.13 feet to the northeasterly comer of said Lot 26 thetwe, along the easterly line of staid Lots 26 and 25 and the southerly Prolongation thereof, 3) 5.00°51 "50"'W., 490.84 feet to the cetneriine of E. Ustick Read and the section line common to said Sections 31 and 6; thence, along said line, 4) N.W3417"W_, 477,14 feet to the POINT OF BEGINNING. CONTAINING.: 5.44 acres, more or less. SI: MECT TO: all Covenant%, flights, Rights -of -Way, Ewwments of Record and an- Encumbrances. (Chis description ores prepared froth record inforination on the ofticiat plat of Sundance Subdivision No_ 3, records of Ada County, Maher} �Y iV 3t6V1WtsM„w8"1&1Re-"ed1b'zA;jC n[rT BOISE • COEUR d'AWNE • GALD%&r'ELL Exhibit C CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HIA&G DATE OF JUNE 27, 2006 Eul rAMMEM ml Mill 20 / 27 2181 1 21 S 8.1 477.1,Y 21 LO—REZOJMWE 26 23 22 25 BLOCK 7 is 2 24 APS NOTE, PUMIC AREA SHOWN y4o;7'A%- DF-f'T- A PORTION OF SUNDANCE SUBDIVISION NO. 3 Exhibit C 33 E. USTfC--K--R--O-'A-D 50 t®0 2w 300 G Co. ENMN MRS ptm"m 9777 CHMDEN GOULEMD ME- �mm 83714-2008 PHONE. 2o2 -3z3 -2M . FAX; 208-523-233" Eat, Kk851o1wan M*ft MEAWr = jawal CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that educational institutions, financial institutions, professional offices, and public/quasi-public uses are allowed within the requested zoning district of L -O as Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with lot sizes 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best of interest of the City (UDC 11 -5B -3.E). This property is already annexed into the City. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Rezone of this property to L -O 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; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 Comprehensive Plan. Staff generally supports the proposed plat layout as it complies 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone 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, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the Exhibit D CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 applicant is requesting alternative compliance to the standard land use buffer requirement to the north and east (adjacent to residential). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the design, construction, operation and maintenance of the L -O uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed at this time. Because the applicant is constructing a 20 - foot wide land use buffer between the L -O zoned lots and the residentially zoned lots to the north and east, Council finds that the future operation of commercial/office businesses on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed L -O zoned lots are close to residential uses, Council is requiring that any and all future use(s) on this lot that have a drive-through be required to obtain CUP approval prior to construction and operation. Staff will analyze future building heights, parking layouts, and other dimensional standards with future applications to ensure compliance with the UDC. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE*iVG DATE OF JUNE 27, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Traffic in this area is getting pretty bad. However, Council does not believe that the amount of traffic or noise generated by this development will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D • July 14, 2006 PP 06-014 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Dave Evans Construction ITEM NO. 5-D REQUEST Findings for Approval -- Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L -O zone for Sundance Subdivision No. 5 -- northeast corner 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: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: i ►rel Mc)yw0— Date: –I' 17'O(P Phone: 3) Emailed: -4ry-loKWaG-D }Ocn rC Staff Initials: Materials presented at pubic meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • (TW €;a, Cif6 IDAHO Y �t, d In the Matter of Re -zoning of 5.40 acres from R-8 to L -O (Limited Office); Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone; Conditional Use Permit approval to modify a previously approved application (CUP -01- 026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites; and Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision, by Dave ]Evans Construction. Case No(s).: RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 For the City Council Hearing Date of. June 27, 2006 (findings approved on July 18a`, 2006 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 1 of 5 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 2006 (revised 3-1-06) is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated January 2006 (revised 3-1-06) 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 July 18, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 2 of 5 0 • final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 3 of 5 0 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 July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 4 of 5 E • By action of the City Council at its regular meeting held on the /� day of 2006. <11 PLAIr COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED #�4�1- VOTED_e'-0-�61� VOTED VOTED_�— VOTED Mayor Ttt t�eerd Attest: �\ Ci William G. Berg, Jr., Cilry Cl&rk Copy served upon Applicant, The Pl e,d4ublic Works Department and City FFPFFF}qq 1111118 Attorney. By Dated: Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 5 of 5 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/27/2006 Mayor & City Council C. Caleb Hood, Current Planning Manager W .. rM, ftp r1t V, tL>,'ali4 � a Sundance Subdivision Commercial Addition • RZ-06-001 Rezone of 5.40 acres from R-8 to L -O (Limited Office) • PP -06-014 Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone • CUP -06-011 Conditional Use Permit approval to modify a previously approved application (CUP -01-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites • MI -06-001 Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Evans Construction, has applied for a Rezone (RZ) of 5.40 acres from R-8 (Medium Density Residential) to L -O (Limited Office); Preliminary Plat (PP) approval of 12 commercial (office) building lots; and Conditional Use Permit (CUP) approval to modify CUP -01-026 by adding 8 additional building lots, changing the building and parking layout, and allowing potential drive-throughs. The applicant has also concurrently submitted a Miscellaneous Application (MI) to modify the recorded development agreement for Sundance Subdivision; an Alternative Compliance (ALT) application to reduce the required 20 -foot wide landscape buffer along the north and east sides of the property (adjacent to residential); and a Vacation (VAC) application to vacate recorded public utility, drainage and irrigation easements. The MI, ALT and VAC application do not require Commission action. However, staff has included analysis for these applications within the subject staff report. Except for the Vacation (VAC) application, the subject applications are being combined into one staff report. To approve the RZ, PP and CUP applications as proposed, the MI, ALT and VAC applications must also be approved. Except for the vacation application, the Commission should make recommendations to the Council on all of the subject applications. The subject property is within the corporate boundaries of the City of Meridian and is within the Urban Service Planning Area. NOTE: The applicant's submittal letter references retail uses on this site. Staff has contacted the applicant's representative at Toothman-Orton Engineering (Tim Mokwa) and clarified that retail uses are not being proposed; retail/commercial uses are not allowed in the requested L -O zone. 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP and CUP as well as the MI, ALT, and VAC applications) were submitted to the Planning Department for concurrent review. Except for the Vacation application, which has it's own staff report, staff has provided a detailed analysis and recommended conditions of approval for the requested applications below. Staff is recommending approval of the proposed Sundance Subdivision Commercial Addition (RZ-06-001 PP -06-0014 CUP -06-011 and MI -06-001) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-01 I, MI -06-001 PAGE 1 CITY OF MERIDIAN PLANNISbEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JUNE 27, 2006 heard the item on April 20, 2006 and May 4 2006 At the May 4 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tim Mokwa ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Restricting vehicular access to this site; ii. Drive-throughs; c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-001, PP -06-014, CUP -06-011, and MI -06-001 as presented in the staff report for the hearing date of June 27, 2006, and the Preliminary Plat labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06), and the Site/Landscape Plan labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 001, PP -06-014, CUP -06-011, and MI -06-001 as presented at the public hearing on June 27, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 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: Northeast corner of Ustick Road and Meridian Road; Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision #3; Section 31, T4N, R1 b. Owners: Gary L. Voigt 71908 Jennie Lee Drive Idaho Falls, ID 83405 c. Applicant: Dave Evans Construction Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 2 CITY OF MERIDIAN PLANNWEPARTMENI' STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 5561 N. Glenwood Street Boise, ID 83714 d. Representative: Tim Mokwa, Toothman-Orton Engineering e. Proposed Zoning: L -O f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 2006 (revised 3-1-06) 2. Date of Site/Landscape Plan (attached in Exhibit A): January 2006 (revised 3-1-06) 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: April 3`d and 17'', 2006 (for P & Z Commission hearing) and June 5t' and 19t`, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24th, 2006 (for P & Z Commission hearing) and June 2"d, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10t`, 2006 (for P & Z Commission hearing) and June 17'h, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast corner of Ustick Road and Meridian Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The properties to the north and east have been platted and developed with single-family residential lots within Sundance Subdivision. To the west, across Meridian Road, is a City Park. To the south, across Ustick Road, is Eastbrook Subdivision. This area has rapidly transitioned from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family, Sundance Subdivision, zoned R-8. 2. East: Single-family, Sundance Subdivision, zoned R-8. 3. South: Single-family, Eastbrook Subdivision, zoned R6 (Ada County). Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 3 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 4. West: Settlers Park, zoned L -O. d. History of Previous Actions: This site was annexed and approved for office uses as part of the Sundance planned development in 2001. That approval included four office building lots. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer installed to service the already platted four lots. Location of water: There is currently a water main that bisects this property. Issues or concerns: None. 2. Vegetation: The landscape street buffers along Meridian Road and Ustick Road have been installed around this site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L -O 7. Size of Property: 5.40 acres (including right-of-way); 3.77 acres (excluding right-of- way) f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 12 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on Ustick Road and Meridian Road. These landscape buffers exist. 2. Width of buffer(s) between land uses: 20 feet to residential. NOTE: The applicant has requested alternative compliance approval to the standard 20 foot landscape buffer width, at the driveway locations to Ustick Road and Meridian Road. Please see the Analysis section below. 3. Percentage of site as open space: 19% of the site will be landscaped; open space is not required. h. Proposed and Required Non -Residential Setbacks: per the L -O zone L -O Standard Front 20 feet Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 4 CITY OF MERIDIAN PLANNSDEPARTMENT STAFF REPORT FOR THE HE*1G DATE OF JUNE 27, 2006 Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development is proposed from driveways located at the northwest and southeast comers of the development. These proposed driveways access Meridian Road and Ustick Road. A private commercial drive aisle will provide traffic circulation through the site. There is an existing stub street from the east, Santiago Court, that the applicant is not proposing to use for vehicular access. See Analysis below. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, `office' is defined as areas providing opportunities for low -impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds that the requested zoning designation, L -O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office". Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The site is currently annexed and services are provided to this site. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) The landscape street buffers adjacent to Ustick Road and Meridian Road have been installed Staff has included conditions for additional landscaping within this report. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 5 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JUNE 27, 2006 The applicant will be required to construct 5 -foot wide internal sidewalks. The applicant is also proposing to provide pedestrian access to/from the sidewalk on Santiago Court. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed L -O zone contributes to the variety of uses in this area, as envisioned with the Comprehensive Plan. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) The applicant is proposing to construct landscape screening/buffering for the existing single- family uses to the north and east. The Landscape Ordinance requires a minimum buffer width of 20 feet between single-family residences and office uses. The applicant has applied for alternative compliance to this requirement. See Landscaping in the Preliminary Plat Analysis below. • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) The L -O zone is considered a transitional zone between residential and commercial uses. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action 6) There is an existing stub street, Santiago Court, provided at the eastern property boundary. To enhance connectivity and allow traffic to flow better, staff recommends that Santiago Court be extended into the property. See Analysis below for more details. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective A Action item 2) The applicant is proposing access points to Ustick Road and Meridian Road, both arterial streets. With the platting of Sundance Subdivision No. 3, direct lot access to Ustick Road for this site was prohibited (NOTE: Staff believes that this was an error on the part of the firm preparing the plat. Staff can find no prohibitions on access to Ustick Road.)With the review and approval of the Sundance Subdivision development the ACRID approved an access to Meridian Road, at the north property line, and an access at the east property line to Ustick Road. Staff recommends that the applicant be allowed one access to Ustick Road and one access to Meridian Road. However, to limit access points to arterial streets if they become problematic in the future (e.g. — there are multiple accidents), staff recommends that the applicant also tie into the stub street to the east, Santiago Court. IfACIM determines that the access to Ustick Road is not functioning efficiently, it may be closed. See Access in the Preliminary Plat Analysis below. Staff believes that the proposed zoning and office uses for this property are 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 applicants zoning and development request is appropriate for this property. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists office as a permitted use in the L -O zone. The Planned Development allowed for office uses in the R4 zone as of the previous approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed office development. In fact, this area has been previously approved for office uses (AZ -01-012 and CUP -01-026). Staff believes the rezone is a clean-up of the previously approved office uses on this site. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on February 1, 2006 by Steven J. Frisbie, PLS) shows the property as within the existing corporate boundary of the City of Meridian. MISCELLANEOUS APPLICATION ANALYSIS: UDC 11 -5B -3.D.2 and Idaho Code § 65- 6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In March of 2002, G.L. Voigt Development (Developer) and McBirney Property Trust (Owner), previously entered into a development agreement with the City, and Dave Evans Construction (current developer) is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional office buildings and possibly two drive-throughs. The development agreement for this property was record on May 16, 2002 as Instrument No. 102056126. Staff is generally supportive of the applicant's request. However, staff does not support commercial/retail uses on this site only uses allowed in the L -O zone. This property is designated for office uses and retail uses are not consistent with the Comprehensive Plan or the proposed L -O zone. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Sundance Subdivision as follows: • Page 1, Item 1.4 - "... `Property"s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L -O (Limited Office). . " • Page 2, Item 1.7 - " WHEREAS, City Council, the 5' day of March 2002 and the XX day of XXXX, 2006 has approved certain Findings of Fact and Conclusions of Law..." • Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction whose address is..." • Page 4, Item 4.1 - ". .. Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 7 CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 property as Single Family Residential and Office; that any proposed uses be consistent with the L -O zoning standards and required processes." Page 6, Item 11 - Change the condition to read: "That any proposed conditional uses in the L -O zone, shall require a CUP. The office uses, and all other principally permitted uses of the L -O zone, are allowed if constructed in accordance with the approved CUP site plan." Page 6, Item 12 - Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20 -foot wide planting strip adjacent to the existing residentially zoned lots to the north and east." Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 102056126) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill NM, at 888-4433 to initiate this process. PRELEMIINARY 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 office development. Please see Exhibit D for detailed analysis of facts and findings. However, there are some specific changes to the plat that staff recommends: 1. Access: The applicant is proposing to construct two vehicular accesses into the site. The first access is proposed to intersect Meridian Road at the north property line. This access is approximately 440 feet north of Ustick Road, and was previously approveo by the City and ACHD with the approval of the Sundance Development in 2003. The second access is proposed to intersect Ustick Road at the east property line. This access is approximately 400 feet east of Meridian Road and was also approved by ACHD with the approval of the Sundance Development in 2003. However, a note was placed on the face of the final plat for Sundance Subdivision No. 3 that does not allow direct lot access to Ustick Road in this area (see Note #16 of the Sundance Subdivision No. 3 plat). Staff believes that this note is not consistent with the approval of the ACHD or the City in 2003. There is nothing in the conditions of approval or in the minutes that suggest that access to Ustick Road for the office portion of the development was prohibited. However, the applicant has submitted a new application for approval, and staff is re-evaluating the viability of allowing access to Ustick Road, an arterial street, so close to a major intersection (the proposed access to Ustick Road is approximately 400 feet from the Ustick/Meridian intersection.) Further, there is a stub street provided to the office lots from the east (Santiago Court). The City and ACHD typically require stub streets to be extended into the property, and try to limit access to arterial streets. Staff believes that this project should not be an exception to those policies. Therefore, staff recommends that the applicant construct a driveway to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it may be closed. A note should be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note should state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. As noted above the applicant is proposing access to Ustick Road and Meridian Road. Staff is recommending that a third vehicular access, to Santiago Court also be provided. Staff is further recommending that a cross -access, parking and ingress/egress agreement Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 8 CITY OF MERIDIAN PLANN�DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JUNE 27, 2006 be recorded for this development so all 12 of the proposed office lots can use the driveways, drive aisles and parking areas. 2. Landscaping_ A 20 -foot wide landscape (land use) buffer is required between L -O zoned property and residentially zoned property. However, UDC 11-5B, allows the City to provide for alternative means to certain standard development regulations, including landscaping. In granting such requests, the City typically requires specific improvements to be made, ensuring that the intent of the regulation being altered is maintained. There are residential lots to the north and east of this site. The applicant has submitted an alternative compliance request to allow the previously approved driveways to/from Meridian Road and Ustick Road to encroach into the required buffers. As a replacement for the landscaping, the applicant is proposing a sound -blocking wall along the portion of the entryway which encroaches into the residential land use buffer. Because the driveway location to Meridian Road and Ustick Road have previously been approved and should not be moved closer to the intersection, and because the sound wall should meet the intent of the landscape buffer, staff is supportive of the applicant's request. In lieu of the 20 -foot wide landscape buffer, the applicant should be required to construct a 6 -foot tall sound wall along the north and east property lines where the driveway is closer than 20 -feet to the property line (approximately 70 feet at the north property line, and approximately 100 feet at the east property line). NOTE: Adjacent to the east property line is an ACHD storm drainage lot. This lot is approximately 35 -feet wide but does not contain trees or other means to screen the subject site and driveway from the residential uses further to the east. The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Depict and construct a 6 -foot tall sound -blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line. Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 9 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 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. 4. Common Areas: Maintenance of all common areas, including the cross -access, ingress/egress and parking areas, shall be the responsibility of the Sundance Subdivision No.5 Business Owners' Association. CONDITIONAL USE PERMIT: The applicant has submitted a Conditional Use Permit for the proposed development because the proposed lot configuration and building layout differs from CUP -01-026, the previously approved CUP for this site. With the approval of CUP -01- 026, four office buildings were proposed. The applicant is proposing to add an additional 8 building lots (12 total). The applicant also requests approval for drive-throughs for financial institutions on Lots 7 and 8. Staff is generally supportive of the applicant's development. However, UDC 11-4-3-11A requires drive-through establishments to be greater than 300 feet from an existing residential zone, or a CUP is required. Because the potential drive-throughs for Lots 7 and 8 will be within 300 -feet of a residential zone, staff recommends that separate CUP approval be granted by the City prior to operation of a drive-through on this site. VACATION: With the recordation of Sundance Subdivision No. 3, a 10 -foot wide (5 feet on either side of a lot line) public utility, irrigation and lot drainage easement was created on this site. The new lot configuration has potential pad sites that span across the recorded easements. The applicant has submitted application to vacate an existing, recorded public utilities, irrigation and lot drainage easement. Staff is recommending approval of this request to the City Council, subject to the applicant providing the City with relinquishments from all applicable utilities. Please see the separate Staff Report regarding VAC -06-004 b. Staff Recommendation ^ Staff recommends approval of the proposed Sundance Subdivision 77 voted to recommend approval of the subiect applications with the conditions listed in Exhibit B of the Staff Report. 11. EXHWITS A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District C. Legal Description Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 10 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 11 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 A. Drawings 1- Preliminary Plat (dated: January 2006 (revised 3-1-06)) AVOW oxfmmmo MoM-U,,,%M Exhibit A CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) C; A Nommoam 2 -ON RMMCM OMMMM BUnLM i. misp tg 4 14 IM Exhibit A CITY OF MERIDIAN PLANK*EPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARy PLAT 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1- 06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Conditional Use Permit (CUP -06-011) shall also be considered conditions of the Preliminary Plat (PP -06-014). 1.1.2 Maintenance of all common areas, including the parking and drive aisles, shall be the responsibility of the Sundance Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Where a substandard landscape buffer is buil depict and construct a 6 -foot tall sound - blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line (see bullet point below). Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 1.1.4 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. A note shall be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note shall state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. 1.1.5 Record a cross -access, parking and ingress/egress agreement for this development so all 12 of the proposed office lots can use the driveways to/from Santiago Court, Ustick Road, and Meridian Road. Said agreement shall also include the drive aisles and parking areas, as proposed. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District/Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS—CONDITIONAL USE PERMIT 1.3.1 The site/landscape plan prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Preliminary Plat (PP -06-014) shall also be considered conditions of the Conditional Use Permit (CUP -06-011). 1.3.2 No drive-through is anuroved with this CUP. Any lie drive-through use on this site shall require Conditional Use Permit approval. 1.3.3 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 If the applicant is not going to use the existing 6 -inch sewer services, then an acceptable method to abandon them shall be coordinated with the Public Works Department during the detailed plan review. 2.3 Water service to this site is being proposed via extension of mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute Exhibit B CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 standard forms of easements for any mains that are required to provide service. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Prior to final plat submittal revise the sewer and water easement called out in note #10 to reference City of Meridian instead of Garden City. 2.6 It appears to staff that the applicant is proposing to use the existing pressurized irrigation system that was installed with phase 3. Prior to scheduling of a pre -construction meeting a letter of plan approval shall be submitted by Nampa and Meridian Irrigation District. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JUNE 27, 2006 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be bome by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required). 4. POLICE DEPARTMENT 4.1 If no drive-throughs are approved, no comment. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE H&G DATE OF JUNE 27, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 This is a staff level approval of a preliminary plat for Sundance No. 5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15, 2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions of the original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 8.2 All laterals and waste ways must be protected. 8.3 The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 C. Legal Description TOOTHMAN-ORTON E1gIMNEER NG COMPANY cOl+sut.TMO ENOMMM susvEroas AND PLOOMn Project: 05161 Date: Feliniary 11 2006 Page., 1 of t 9777 MNDfN HOULEVAR() ®OKE; IDAHO 83714-2" 2�Afl 3?3,2288 • FAX 208-323-2345 lsv)gs53�¢er�nro.ccatro Land Description for Re -zone to L-0 A parcel of lamd situated in the SW b6 of Section 31. Township 4 North, Range I Fast, Boise Mw•ridiau, City of Meridian, Ada County. p Idaho, being a ion of said Ste' "?A and a portion of Lot 19 and all of Lots 20 through 26, Blau 7 or Sundance Subdivision No. 3, as filed in Book lib of Plats at Pages 10(125 and 10026, Records of Ada County, Idaho, described as follows: BEGINNING at an aluminon mp, marking tide coma common to Section 31. -Township 4 North, Range I last; Section 36, Township 4 North, Range 1 West; Section 1, Township 3 North, Range 1 West; and Section 6, OWuship 3 North, Range I East, all Boise Meridian, Ada County, Idaho, from which a brass rap, marking the 'fa corner common to said Sections 31 and 36 bears N.00®51'50" C, 2650.09 foxit; Thence, along the tine comintm to said Sections 31 and 36 and the centerline of N. Meridian Road, 1) N.00051'59,F , 494.46 Leet; thence; along the northerly tib of said Lot 26 and the Westerly. Prolongation thereof, 2) S.8"i' 10"I -. 477.1.3 feet to the northeasterly comer of said Lot 26 thence, along the easterly tine of Maid Lots 26 and 25 and the soudwrty prolongation thereof, 3) S -00.51511-W., 490.84 feet to the centerline of F. Ust�;k Road and the Section Hue common to said Sections 31 and 6; thence, along said line, 4) N.89-34'1 TV., 477,14 feet to the POINT OF BEGBti`!!' NG. CONTAINING.: 5.40 acres, more or less. SUBJECT O: all Covenanes, Rights, Rights -of --Way, Easements of Reiord and an% Encumbrarima. ('his description was prepared irotu record information on the official plat of Sundance Subdivisiasn;'do- 3, records of Ada County. Idaho) f0':Rsnlala F OBLsc Id *516PWit ;J)--161 Re move dv�rA+& R/t`c BOISE • COEUR d'r+itXkNE • (:At. )W -ELL Exhibit C CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HONG DATE OF JUNE 27, 2006 20 27 28 29 SBOU'lCrE 477 ,.5E .1,T 21 UZO]MWE 26 LO—R 23 22 25 BLOCK 7 23 I 24 36 .31' T.U., RIF - 9 , R UN,. NBC 6 1 NOTE. N AREA SHOWN A PORTION OF SUNDANCE SUBDIVISION NO. 3 Exhibit C 33 Ac E. USTICK ROAD� monwm-moN awnfumm Co. EWONEERS - SURVEVORS - FtAOMIERS 9777 CHMM OWLEMD SE,OI" 05714-2m PHONE: 208-323-2208 - FAX: 206-323-2399 EAE, p-losisiv— M*49 UE -Amy m jawn CITY OF MERIDIAN PLANNAWEPARTMENT STAFF REPORT FOR THE HEG DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that educational institutions, financial institutions, professional offices, and public/quasi-public uses are allowed within the requested zoning district of L -O as Principally Permitted 'Uses. The accompanying plat demonstrates the land will be developed with lot si:,es and other dimensional requirements that conform to the proposed zoning desigm tion. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any politicaa subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the p:roposed zoning amendment will not result in any adverse impact upon the delivery of serrices by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best of interest of the City (UDC 11 -5B -3.E). This property is already annexed into the City. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Rezone of this property to L -O 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; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D CITY OF MERIDIAN PLANNIWEPAF:TMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 Comprehensive Plan. Staff generally supports the proposed plat layout as it complies 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone 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, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate all required parking, landscaping, loading anal other standard regulations required by the UDC. However, the Exhibit D CITY OF MERIDIAN PLANNI EPAI:TMENT STAFF REPORT FOR THE HESG DATE OF JUNE 27, 2006 applicant is requesting alternative compliance to the standard land use buffer requirement to the north and east (adjacent to residential). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same .area. Council finds that the design, construction, operation and maintenance of the L -O uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed at this time. Because the applicant is constructing a 20 - foot wide land use buffer between the L -O zoned lots and the residentially zoned lots to the north and east, Council finds that the future operation of commercial/office businesses on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed L -O zoned lots are close to residential uses, Council is requiring that any and all future use(s) on this lot that have a drive-through be required to obtain CUP approval prior to construction and operation. Staff will analyze future building heights, parking layouts, and other dimensional standards with future applications to ensure compliance with the UDC. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, recuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use 'will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEG DATE OF JUNE 27, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Traffic in this area is getting pretty bad. However, Council does not believe that the amount of traffic or noise generated by this development will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D July 14, 2006 CUP 06-011 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Dave Evans Construction ITEM NO. 5-E REQUEST Findings for Approval --ID to modify the previous CUP for a PD (CUP 01-026) by adding additional office lots, changing building & parking layout & allowing potential drive through sines for Sundance Subdivision No. 5 -- nec of Ustick AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: --Ft l HOLO O— Date: 1-1-1 - 0(p Phone: Emailed: +110leWDL..ice-, no r- Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • urw n - ` IDAHO In the Matter of Re -zoning of 5.40 acres from R-8 to L -O (Limited Office); Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone; Conditional Use Permit approval to modify a previously approved application (CUP -01- 026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites; and Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision, by Dave Evans Construction. Case No(s).: RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 For the City Council Hearing Date oh June 27, 2006 (findings approved on July 18th, 2006 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 1 of 5 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 2006 (revised 3-1-06) is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated January 2006 (revised 3-1-06) 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 July 18, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 2 of 5 0 0 final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 3 of 5 • 0 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 July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 4 of 5 0 . By action of the City Council at its regular meeting held on the 19."4 daY of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED��� VOTED_C�� VOTED:... VOTED Weerd Attest: L William G. Berg, Jr., City Uerk Copy served upon Applicant, The PI INV l9tPublic Works Department ep and City Attorney. BY uo. Dated: --I - Z.Q -0 LP City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 5 of 5 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE41G DATE OF JUNE 27, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/27/2006 Mayor & City Council C. Caleb Hood, Current Planning Manage r` Sundance Subdivision Commercial Addition 9 RZ-06-001 Rezone of 5.40 acres from R-8 to L -O (Limited Office) • PP -06-014 Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone • CUP -06-011 Conditional Use Permit approval to modify a previously approved application (CUP -01-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites • MI -06-001 Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Evans Construction, has applied for a Rezone (RZ) of 5.40 acres from R-8 (Medium Density Residential) to L -O (Limited Office); Preliminary Plat (PP) approval of 12 commercial (office) building lots; and Conditional Use Permit (CUP) approval to modify CUP -01-026 by adding 8 additional building lots, changing the building and parking layout, and allowing potential drive-throughs. The applicant has also concurrently submitted a Miscellaneous Application (MI) to modify the recorded development agreement for Sundance Subdivision; an Alternative Compliance (ALT) application to reduce the required 20 -foot wide landscape buffer along the north and east sides of the property (adjacent to residential); and a Vacation (VAC) application to vacate recorded public utility, drainage and irrigation easements. The MI, ALT and VAC application do not require Commission action. However, staff has included analysis for these applications within the subject staff report. Except for the Vacation (VAC) application, the subject applications are being combined into one staff report. To approve the RZ, PP and CUP applications as proposed, the MI, ALT and VAC applications must also be approved. Except for the vacation application, the Commission should make recommendations to the Council on all of the subject applications. The subject property is within the corporate boundaries of the City of Meridian and is within the Urban Service Planning Area. NOTE: The applicant's submittal letter references retail uses on this site. Staff has contacted the applicant's representative at Toothman-Orton Engineering (Tim Mokwa) and clarified that retail uses are not being proposed; retail/commercial uses are not allowed in the requested L -O zone. 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP and CUP as well as the MI, ALT, and VAC applications) were submitted to the Planning Department for concurrent review. Except for the Vacation application, which has it's own staff report, staff has provided a detailed analysis and recommended conditions of approval for the requested applications below. Staff is recommending approval of the proposed Sundance Subdivision Commercial Addition (RZ-06-001 PP -06-0014 CUP -06-011 and MI -06-001) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 1 CITY OF MERIDIAN PLANNISbEPARTMENT STAFF REPORT FOR THE HEIIG DATE OF JUNE 27, 2006 heard the item on April 20, 2006 and May 4 2006 At the May 4 2006 Public hearinz they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tim Mokwa ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Restricting vehicular access to this site; ii. Drive-throughs; c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-001, PP -06-014, CUP -06-011, and MI -06-001 as presented in the staff report for the hearing date of June 27, 2006, and the Preliminary Plat labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06), and the Site/Landscape Plan labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 001, PP -06-014, CUP -06-011, and MI -06-001 as presented at the public hearing on June 27, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 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: Northeast comer of Ustick Road and Meridian Road; Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision #3; Section 31, T4N, RIE b. Owners: Gary L. Voigt 71908 Jennie Lee Drive Idaho Falls, ID 83405 c. Applicant: Dave Evans Construction Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 2 CITY OF MERIDIAN PLANN106EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 5561 N. Glenwood Street Boise, ID 83714 d. Representative: Tim Mokwa, Toothman-Orton Engineering e. Proposed Zoning: L -O f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 2006 (revised 3-1-06) 2. Date of Site/Landscape Plan (attached in Exhibit A): January 2006 (revised 3-1-06) 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: April 3'd and 17d', 2006 (for P & Z Commission hearing) and June 5d' and 19d`, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 20, 2006 (for P & Z Commission hearing) and June 2nd, 2006 (for City Council hearing). e. Applicant posted notice on site by: April l Od', 2006 (for P & Z Commission hearing) and June 17', 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast corner of Ustick Road and Meridian Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The properties to the north and east have been platted and developed with single-family residential lots within Sundance Subdivision. To the west, across Meridian Road, is a City Park. To the south, across Ustick Road, is Eastbrook Subdivision. This area has rapidly transitioned from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family, Sundance Subdivision, zoned R-8. 2. East: Single-family, Sundance Subdivision, zoned R-8. 3. South: Single-family, Eastbrook Subdivision, zoned R6 (Ada County). Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 3 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEJWG DATE OF JUNE 27, 2006 4. West: Settlers Park, zoned L -O. d. History of Previous Actions: This site was annexed and approved for office uses as part of the Sundance planned development in 2001. That approval included four office building lots. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer installed to service the already platted four lots. Location of water: There is currently a water main that bisects this property. Issues or concerns: None. 2. Vegetation: The landscape street buffers along Meridian Road and Ustick Road have been installed around this site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L -O 7. Size of Property: 5.40 acres (including right-of-way); 3.77 acres (excluding right-of- way) f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 12 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on Ustick Road and Meridian Road. These landscape buffers exist. 2. Width of buffer(s) between land uses: 20 feet to residential. NOTE: The applicant has requested alternative compliance approval to the standard 20 foot landscape buffer width, at the driveway locations to Ustick Road and Meridian Road. Please see the Analysis section below. 3. Percentage of site as open space: 19% of the site will be landscaped; open space is not required. h. Proposed and Required Non -Residential Setbacks: per the L -O zone L -O Standard Front 20 feet Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HIITG DATE OF JUNE 27, 2006 Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development is proposed from driveways located at the northwest and southeast corners of the development. These proposed driveways access Meridian Road and Ustick Road. A private commercial drive aisle will provide traffic circulation through the site. There is an existing stub street from the east, Santiago Court, that the applicant is not proposing to use for vehicular access. See Analysis below. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, `office' is defined as areas providing opportunities for low -impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds that the requested zoning designation, L -O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office". Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The site is currently annexed and services are provided to this site. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) The landscape street buffers adjacent to Ustick Road and Meridian Road have been installed. Staff has included conditions for additional landscaping within this report. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal Il, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H*qG DATE OF JUNE 27, 2006 The applicant will be required to construct 5 -foot wide internal sidewalks. The applicant is also proposing to provide pedestrian access ta/ om the sidewalk on Santiago Court. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed L -O zone contributes to the variety of uses in this area, as envisioned with the Comprehensive Plan. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) The applicant is proposing to construct landscape screening/buffering for the existing single- family uses to the north and east. The Landscape Ordinance requires a minimum buffer width of 20 feet between single-family residences and office uses. The applicant has applied for alternative compliance to this requirement. See Landscaping in the Preliminary Plat Analysis below. • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) The L -O zone is considered a transitional zone between residential and commercial uses. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action 6) There is an existing stub street, Santiago Court, provided at the eastern property boundary. To enhance connectivity and allow traffic to flow better, staff recommends that Santiago Court be extended into the property. See Analysis below for more details. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is proposing access points to Ustick Road and Meridian Road, both arterial streets. With the platting of Sundance Subdivision No. 3, direct lot access to Ustick Road for this site was prohibited (NOTE. Staff believes that this was an error on the part of the firm preparing the plat. Staff can find no prohibitions on access to Ustick Road.)With the review and approval of the Sundance Subdivision development the ACBD approved an access to Meridian Road, at the north property line, and an access at the east property line to Ustick Road. Staff recommends that the applicant be allowed one access to Ustick Road and one access to Meridian Road. However, to limit access points to arterial streets if they become problematic in the future (e.g. — there are multiple accidents), staff recommends that the applicant also tie into the stub street to the east, Santiago Court. IfACHD determines that the access to Ustick Road is not functioning efficiently, it may be closed! See Access in the Preliminary Plat Analysis below. Staff believes that the proposed zoning and office uses for this property are 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. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 6 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HAWG DATE OF JUNE 27, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-213-2 lists office as a permitted use in the L -O zone. The Planned Development allowed for office uses in the R-4 zone as of the previous approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed office development. In fact, this area has been previously approved for office uses (AZ -01-012 and CUP -01-026). Staff believes the rezone is a clean-up of the previously approved office uses on this site. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on February 1, 2006 by Steven J. Frisbie, PLS) shows the property as within the existing corporate boundary of the City of Meridian. MISCELLANEOUS APPLICATION ANALYSIS: UDC 11 -5B -3.D.2 and Idaho Code § 65- 6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In March of 2002, G.L. Voigt Development (Developer) and McBirney Property Trust (Owner), previously entered into a development agreement with the City, and Dave Evans Construction (current developer) is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional office buildings and possibly two drive-throughs. The development agreement for this property was record on May 16, 2002 as Instrument No. 102056126. Staff is generally supportive of the applicant's request. However, staff does not support commercial/retail uses on this site only uses allowed in the L -O zone. This property is designated for office uses and retail uses are not consistent with the Comprehensive Plan or the proposed L -O zone. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Sundance Subdivision as follows: • Page 1, Item 1.4 - "... `Property"s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L -O (Limited Office). . Page 2, Item 1.7 - " WHEREAS, City Council, the 5' day of March 2002 and the XX day of XXXX2006 has approved certain Findings of Fact and Conclusions of Law..." Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction whose address is..." Page 4, Item 4.1 - ". .. Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 7 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H*G DATE OF JUNE 27, 2006 property as Single Family Residential and Office: that any proposed uses be consistent with the L -O zonWe standards and required processes." Page 6, Item 11 - Change the condition to read: "That any proposed conditional uses in the L -O zone, shall require a CUP. The office uses, and all other principally permitted uses of the L -O zone, are allowed if constructed in accordance with the approved CUP site plan." Page 6, Item 12 - Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20 -foot wide planting strip adjacent to the existing residentially zoned lots to the north and east." Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 102056126) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. PRELEVIINARY 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 office development. Please see Exhibit D for detailed analysis of facts and findings. However, there are some specific changes to the plat that staff recommends: 1. Access: The applicant is proposing to construct two vehicular accesses into the site. The first access is proposed to intersect Meridian Road at the north property line. This access is approximately 440 feet north of Ustick Road, and was previously approved. by the City and ACHD with the approval of the Sundance Development in 2003. The second access is proposed to intersect Ustick Road at the east property line. This access is approximately 400 feet east of Meridian Road and was also approved by ACHD with the approval of the Sundance Development in 2003. However, a note was placed on the face of the final plat for Sundance Subdivision No. 3 that does not allow direct lot access to Ustick Road in this area (see Note #16 of the Sundance Subdivision No. 3 plat). Staff believes that this note is not consistent with the approval of the ACHD or the City in 2003. There is nothing in the conditions of approval or in the minutes that suggest that access to Ustick Road for the office portion of the development was prohibited. However, the applicant has submitted a new application for approval, and staff is re-evaluating the viability of allowing access to Ustick Road, an arterial street, so close to a major intersection (the proposed access to Ustick Road is approximately 400 feet from the Ustick/Meridian intersection.) Further, there is a stub street provided to the office lots from the east (Santiago Court). The City and ACHD typically require stub streets to be extended into the property, and try to limit access to arterial streets. Staff believes that this project should not be an exception to those policies. Therefore, staff recommends that the applicant construct a driveway to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it may be closed. A note should be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note should state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. As noted above the applicant is proposing access to Ustick Road and Meridian Road. Staff is recommending that a third vehicular access, to Santiago Court also be provided. Staff is further recommending that a cross -access, parking and ingress/egress agreement Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 8 CITY OF MERIDIAN PLANAWEPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 be recorded for this development so all 12 of the proposed office lots can use the driveways, drive aisles and parking areas. 2. Landscaping_ A 20 -foot wide landscape (land use) buffer is required between L -O zoned property and residentially zoned property. However, UDC 11-5B, allows the City to provide for alternative means to certain standard development regulations, including landscaping. In granting such requests, the City typically requires specific improvements to be made, ensuring that the intent of the regulation being altered is maintained. There are residential lots to the north and east of this site. The applicant has submitted an alternative compliance request to allow the previously approved driveways to/from Meridian Road and Ustick Road to encroach into the required buffers. As a replacement for the landscaping, the applicant is proposing a sound -blocking wall along the portion of the entryway which encroaches into the residential land use buffer. Because the driveway location to Meridian Road and Ustick Road have previously been approved and should not be moved closer to the intersection, and because the sound wall should meet the intent of the landscape buffer, staff is supportive of the applicant's request. In lieu of the 20 -foot wide landscape buffer, the applicant should be required to construct a 6 -foot tall sound wall along the north and east property lines where the driveway is closer than 20 -feet to the property line (approximately 70 feet at the north property line, and approximately 100 feet at the east property line). NOTE: Adjacent to the east property line is an ACHD storm drainage lot. This lot is approximately 35 -feet wide but does not contain trees or other means to screen the subject site and driveway from the residential uses further to the east. The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Depict and construct a 6 -foot tall sound -blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line. Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 9 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE M*kG DATE OF JUNE 27, 2006 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. 4. Common Areas: Maintenance of all common areas, including the cross -access, ingress/egress and parking areas, shall be the responsibility of the Sundance Subdivision No.5 Business Owners' Association. CONDITIONAL USE PERMIT: The applicant has submitted a Conditional Use Permit for the proposed development because the proposed lot configuration and building layout differs from CUP -01-026, the previously approved CUP for this site. With the approval of CUP -01- 026, four office buildings were proposed. The applicant is proposing to add an additional 8 building lots (12 total). The applicant also requests approval for drive-throughs for financial institutions on Lots 7 and 8. Staff is generally supportive of the applicant's development. However, UDC 11-4-3-11A requires drive-through establishments to be greater than 300 feet from an existing residential zone, or a CUP is required. Because the potential drive-throughs for Lots 7 and 8 will be within 300 -feet of a residential zone, staff recommends that separate CUP approval be granted by the City prior to operation of a drive-through on this site. VACATION: With the recordation of Sundance Subdivision No. 3, a 10 -foot wide (5 feet on either side of a lot line) public utility, irrigation and lot drainage easement was created on this site. The new lot configuration has potential pad sites that span across the recorded easements. The applicant has submitted application to vacate an existing, recorded public utilities, irrigation and lot drainage easement. Staff is recommending approval of this request to the City Council, subject to the applicant providing the City with relinquishments from all applicable utilities. Please see the separate Staff Report regarding VAC -06-004 b. Staff Recommendation: Staff recommends approval of the posed Sundance Subdivision voted to recommend approval of the subiect applications with the conditions listed in Exhibit B of the Staff Report. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District C. Legal Description Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 10 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE fl�&G DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE I 1 CITY OF MERIDIAN PLANNo DEPARTMENT STAFF REPORT FOR THE H41ING DATE OF JUNE 27, 2006 A. Drawings 1- Preliminary Plat (dated: January 2006 (revised 3-1-06)) se SE Gni€ip 31a 'Ail �Gr Nommom WWQNM ,IVU AWXWW" Exhibit A 7T pi t Exhibit A CITY OF MERIDIAN PL"4)EPARTMENT STAFF REPORT FOR THE HEWG DATE OF NNE 27, 2006 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) MUM 6.9rum era "/WU adv3som t I I , fit p 0.1 Nol, lift F.o,'i 6 W I 4 Ilk 16 Exhibit A CITY OF MERIDIAN PLANMObEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JUNE 27, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—pRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1- 06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Conditional Use Permit (CUP -06-011) shall also be considered conditions of the Preliminary Plat (PP -06-014). 1.1.2 Maintenance of all common areas, including the parking and drive aisles, shall be the responsibility of the Sundance Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Where a substandard landscape buffer is built depict and construct a 6 -foot tall sound - blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line (see bullet point below). Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the inial plat application and future Certificate of Zoning Compliance applications. 1.1.4 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. A note shall be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note shall state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. 1.1.5 Record a cross -access, parking and ingress/egress agreement for this development so all 12 of the proposed office lots can use the driveways to/from Santiago Court, Ustick Road, and Meridian Road. Said agreement shall also include the drive aisles and parking areas, as proposed. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLANK *EPARTMENT STAFF REPORT FOR THE HE4kG DATE OF JUNE 27, 2006 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District/Settlers Irrigation District. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS—CONDITIONAL USE PERMIT 1.3.1 The site/landscape plan prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Preliminary Plat (PP -06-014) shall also be considered conditions of the Conditional Use Permit (CUP -06-011). 1.3.2 No drive-through is approved with this CUP Any fiAwe drive-through use on this site shall require Conditional Use Permit approval. 1.3.3 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 If the applicant is not going to use the existing 6 -inch sewer services, then an acceptable method to abandon them shall be coordinated with the Public Works Department during the detailed plan review. 2.3 Water service to this site is being proposed via extension of mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute Exhibit B CITY OF MERIDIAN PL"dwEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JUNE 27, 2006 standard forms of easements for any mains that are required to provide service. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Prior to final plat submittal revise the sewer and water easement called out in note #10 to reference City of Meridian instead of Garden City. 2.6 It appears to staff that the applicant is proposing to use the existing pressurized irrigation system that was installed with phase 3. Prior to scheduling of a pre -construction meeting a letter of plan approval shall be submitted by Nampa and Meridian Irrigation District. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF JUNE 27, 2006 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required). 4. POLICE DEPARTMENT 4.1 If no drive-throughs are approved, no comment. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JUNE 27, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 This is a staff level approval of a preliminary plat for Sundance No. 5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15, 2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions of the original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 8.2 All laterals and waste ways must be protected. 8.3 The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEWG DATE OF NNE 27, 2006 C. Legal Description TOOTEMAN-ORTON ENGPWMUNG COMPANY aMTLTWoPWW4EM SUeWEYORS AM PLU- PAS 9777 at-ttNOM BOULEVAR) BOISE, IDAHO 83714 -ms 208.323.228® 0 FAX 208-323-2199 tai3 4S ftRnWMCCAn Project: 05161 Wle, February 1, 2006 Page: 1 of 1 Land Description for Re -zone to L-tf A Parcel of land situated in the SW 394 of Section 31. Township, 4 North, Range I Fast, Boise Meridians, City of Meridian, Ada County, Idaho. being a Pardon of said . W `%a and a portion of Lot 19 and all of Lots 20 through 26, Block 7 ofStuedanc�e Sub vL on No. 3. as filed in Book 88 of Plats at Pages 10025 and 10026; Record. of Adae County, Idaho, described as follows: B1ErGtlpiNING at an aluminum capmarking the corner common t, Section 3l. `I outtsleip 4 North, Range t Ease;, Section 36, Township 4 North, Range I Vilest; section 1. rownship 3 North, Range 1 West; and Section 6, Towatbhip 3 North, Range 1 East, all Boise Meridian, Ada Cottnty, Idaho, from which a brass eag, marking the '9a comer common to said Sections 31 and 36 bears N.001151'SiX C, 26750,09 fbC4 thence, along the line conurion to said Sections 31 and 36 and the centerline of N_ Meridian .Road. I ) N.0005 1'50'7-, 494.46 feet; thence. along the norawly tine of said Lot 76 and the westerly: prolongation thereof, 2) S-89°08' 1 VL-`.. 477.13 feet to the northeasterly comer of saiel Lost 26 thence, along the easterly line of said Leis 26 and 25 and the seautk-rly Prolongation thereof, 3) S.00 -51'50-W., 490.84 feet to the deaterline of F. Ustiek Road and the Section line common to said Sections 31 and 6; thence. along said line, 4) N-89-34'1 r'W., 477.14 feat to the POINT OF BEGiNNUNG. CONTAINING., 5.40 acres, more or less. ,S'UBJEC TO: all Covenants, (tights, Rights -of -Way. Easements of Record and an% Encumbrances. ("This description was prepared froth record infonnation on the official plat of Sundance Subdivision No- 3, records of Ada County, Idaho) ro* jRMIAN Pt;5I-W- fi.�r5lt�liSV��$:e$t Rz•Isms6�.,s,dt� 'fi1:iFt<'=, tlEl'T 80ISE • WFUR d7%LLNE • CALUIVELL Exhibit C CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JUNE 27, 2006 M -- 4V- 4 -- NOTE. yjarnAS DEPT - AREA SHOWN Ig'!"'NPL A PORTION OF SUNDANCE SUBDIMSION NO. 3 Exhibit C 50 Ica 200 WL41V �l 7= 717-7-70 PLM ERS 9Tfl OMEN 6UZD "O'E. �W 8317-3008 PHONE, 208-323-2288 - FAX: 20a -S23-23" E -K, K\05,61w— -moo am-4=iy Xmimoblel CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HENG DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that educational institutions, financial institutions, professional offices, and public/quasi-public uses are allowed within the requested zoning district of L -O as Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with lot sizes 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best of interest of the City (UDC 11-513-3.E). This property is already annexed into the City. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Rezone of this property to L -O 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; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 Comprehensive Plan. Staff generally supports the proposed plat layout as it complies 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone 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, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the Exhibit D CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE'HEG DATE OF JUNE 27, 2006 applicant is requesting alternative compliance to the standard land use buffer requirement to the north and east (adjacent to residential). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the design, construction, operation and maintenance of the L -O uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed at this time. Because the applicant is constructing a 20 - foot wide land use buffer between the L -O zoned lots and the residentially zoned lots to the north and east, Council finds that the future operation of commercial/office businesses on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed L -O zoned lots are close to residential uses, Council is requiring that any and all future use(s) on this lot that have a drive-through be required to obtain CUP approval prior to construction and operation. Staff will analyze future building heights, parking layouts, and other dimensional standards with future applications to ensure compliance with the UDC. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HAG DATE OF JUNE 27, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Traffic in this area is getting pretty bad. However, Council does not believe that the amount of traffic or noise generated by this development will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D 0 July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Dave Evans Construction n MI 06-001 ITEM NO. 5-F REQUEST Findings for Approval -- Request for Miscellaneous application to modify the recorded Development Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No. 5 -- northeast corner 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: MERIDIAN POST OFFICE: OTHER: COMMENTS See affached Findings m1he V-A-" Contacted: 1 irn HpKyyp_ Date: 7-11-OLStPhone: -3a 3-a�gr Emailed: v—vvo- � } . C Staff Initials: 14 Materials presented at pb4c meetings shall become property of the City of Meridian. i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i 1w f,r iuraHO w In the Matter of Re -zoning of 5.40 acres from R-8 to L -O (Limited Office); Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone; Conditional Use Permit approval to modify a previously approved application (CUP -01- 026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites; and Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision, by Dave Evans Construction. Case No(s).: RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 For the City Council Hearing Date of. June 27, 2006 (findings approved on July 18th, 2006 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 1 of 5 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 2006 (revised 3-1-06) is hereby conditionally approved; 2. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated January 2006 (revised 3-1-06) 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 July 18, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 2 of 5 • final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 3 of 5 • • 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 July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 - PAGE 4 of 5 0 • By action of the City Council at its regular meeting held on the 19y-4 day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_#� COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., VOTED Aore*,& VOTED__6�u VOTED_6 ' VOTED Mayor ; e Weerd COF /r r Clerk S The Planniiitga o�aublic Works Department and City ewe p�saa Copy served upon Applicant, Attorney. By: Dated: -(jam ity Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-001 / PP -06-014 / CUP -06-011 / MI -06-001 — PAGE 5 of 5 CITY OF MERIDIAN PLANIO DEPARTMENT STAFF REPORT FOR THE HJNG DATE OF JUNE 27, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/27/2006 Mayor & City Council —15 CAf6e- C. Caleb Hood, Current Planning Manager + f Sundance Subdivision Commercial Addition • RZ-06-001 Rezone of 5.40 acres from R-8 to L -O (Limited Office) • PP -06-014 Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed L -O zone • CUP -06-011 Conditional Use Permit approval to modify a previously approved application (CUP -01-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites • MI -06-001 Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Evans Construction, has applied for a Rezone (RZ) of 5.40 acres from R-8 (Medium Density Residential) to L -O (Limited Office); Preliminary Plat (PP) approval of 12 commercial (office) building lots; and Conditional Use Permit (CUP) approval to modify CUP -01-026 by adding 8 additional building lots, changing the building and parking layout, and allowing potential drive-throughs. The applicant has also concurrently submitted a Miscellaneous Application (MI) to modify the recorded development agreement for Sundance Subdivision; an Alternative Compliance (ALT) application to reduce the required 20 -foot wide landscape buffer along the north and east sides of the property (adjacent to residential); and a Vacation (VAC) application to vacate recorded public utility, drainage and irrigation easements. The MI, ALT and VAC application do not require Commission action. However, staff has included analysis for these applications within the subject staff report. Except for the Vacation (VAC) application, the subject applications are being combined into one staff report. To approve the RZ, PP and CUP applications as proposed, the MI, ALT and VAC applications must also be approved. Except for the vacation application, the Commission should make recommendations to the Council on all of the subject applications. The subject property is within the corporate boundaries of the City of Meridian and is within the Urban Service Planning Area. NOTE: The applicant's submittal letter references retail uses on this site. Staff has contacted the applicant's representative at Toothman-Orton Engineering (Tim Mokwa) and clarified that retail uses are not being proposed; retail/commercial uses are not allowed in the requested L -O zone. 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP and CUP as well as the MI, ALT, and VAC applications) were submitted to the Planning Department for concurrent review. Except for the Vacation application, which has it's own staff report, staff has provided a detailed analysis and recommended conditions of approval for the requested applications below. Staff is recommending approval of the proposed Sundance Subdivision Commercial Addition (RZ-06-001. PP -06-0014. CUP -06-011 and MI -06-001) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JUNE 27, 2006 heard the item on April 20, 2006 and May 4. 2006. At the May 4. 2006 public hearim they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tim Mokwa ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Restricting vehicular access to this site; ii. Drive-throughs; c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 06-001, PP -06-014, CUP -06-011, and MI -06-001 as presented in the staff report for the hearing date of June 27, 2006, and the Preliminary Plat labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06), and the Site/Landscape Plan labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06- 001, PP -06-014, CUP -06-011, and MI -06-001 as presented at the public hearing on June 27, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-001, PP -06-014, CUP -06-011, and MI -06-001 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: Northeast corner of Ustick Road and Meridian Road; Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision #3; Section 31, T4N, RIE b. Owners: Gary L. Voigt 71908 Jennie Lee Drive Idaho Falls, ID 83405 c. Applicant: Dave Evans Construction Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOING DATE OF JUNE 27, 2006 5561 N. Glenwood Street Boise, ID 83714 d. Representative: Tim Mokwa, Toothman-Orton Engineering e. Proposed Zoning: L -O f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 2006 (revised 3-1-06) 2. Date of Site/Landscape Plan (attached in Exhibit A): January 2006 (revised 3-1-06) 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: April 3`d and 17d`, 2006 (for P & Z Commission hearing) and June 5a` and 19`h, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24a`, 2006 (for P & Z Commission hearing) and June 2nd, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10U', 2006 (for P & Z Commission hearing) and June 17', 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast corner of Ustick Road and Meridian Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The properties to the north and east have been platted and developed with single-family residential lots within Sundance Subdivision. To the west, across Meridian Road, is a City Park. To the south, across Ustick Road, is Eastbrook Subdivision. This area has rapidly transitioned from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family, Sundance Subdivision, zoned R-8. 2. East: Single-family, Sundance Subdivision, zoned R-8. 3. South: Single-family, Eastbrook Subdivision, zoned R6 (Ada County). Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 3 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JUNE 27, 2006 4. West: Settlers Park, zoned L -O. d. History of Previous Actions: This site was annexed and approved for office uses as part of the Sundance planned development in 2001. That approval included four office building lots. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer installed to service the already platted four lots. Location of water: There is currently a water main that bisects this property. Issues or concerns: None. 2. Vegetation: The landscape street buffers along Meridian Road and Ustick Road have been installed around this site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L -O 7. Size of Property: 5.40 acres (including right-of-way); 3.77 acres (excluding right-of- way) f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 0 5. Other Lots: N/A 6. Total Lots: 12 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on Ustick Road and Meridian Road. These landscape buffers exist. 2. Width of buffer(s) between land uses: 20 feet to residential. NOTE: The applicant has requested alternative compliance approval to the standard 20 foot landscape buffer width, at the driveway locations to Ustick Road and Meridian Road. Please see the Analysis section below. 3. Percentage of site as open space: 19% of the site will be landscaped; open space is not required. h. Proposed and Required Non -Residential Setbacks: per the L -O zone L -O Standard Front 20 feet Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JUNE 27, 2006 Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development is proposed from driveways located at the northwest and southeast corners of the development. These proposed driveways access Meridian Road and Ustick Road. A private commercial drive aisle will provide traffic circulation through the site. There is an existing stub street from the east, Santiago Court, that the applicant is not proposing to use for vehicular access. See Analysis below. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, `office' is defined as areas providing opportunities for low -impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds that the requested zoning designation, L -O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office". Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The site is currently annexed and services are provided to this site. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) The landscape street buffers adjacent to Ustick Road and Meridian Road have been installed. Staff has included conditions for additional landscaping within this report. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 5 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE EIWG DATE OF JUNE 27, 2006 The applicant will be required to construct 5 -foot wide internal sidewalks. The applicant is also proposing to provide pedestrian access to/from the sidewalk on Santiago Court. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed L -O zone contributes to the variety of uses in this area, as envisioned with the Comprehensive Plan. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) The applicant is proposing to construct landscape screening/buffering for the existing single- family uses to the north and east. The Landscape Ordinance requires a minimum buffer width of 20 feet between single-family residences and office uses. The applicant has applied for alternative compliance to this requirement. See Landscaping in the Preliminary Plat Analysis below. • "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) The L -O zone is considered a transitional zone between residential and commercial uses. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action 6) There is an existing stub street, Santiago Court, provided at the eastern property boundary. To enhance connectivity and allow traffic to flow better, staff recommends that Santiago Court be extended into the property. See Analysis below for more details. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is proposing access points to Ustick Road and Meridian Road, both arterial streets. With the platting of Sundance Subdivision No. 3, direct lot access to Ustick Road for this site was prohibited (NOTE. Staff believes that this was an error on the part of the firm preparing the plat. Staff can find no prohibitions on access to Ustick Road.)With the review and approval of the Sundance Subdivision development the ACBD approved an access to Meridian Road, at the north property line, and an access at the east property line to Ustick Road. Staff recommends that the applicant be allowed one access to Ustick Road and one access to Meridian Road. However, to limit access points to arterial streets if they become problematic in the future (e.g. — there are multiple accidents), staff recommends that the applicant also tie into the stub street to the east, Santiago Court. IfACBD determines that the access to Ustick Road is not functioning efficiently, it may be closed. See Access in the Preliminary Plat Analysis below. Staff believes that the proposed zoning and office uses for this property are 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. Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 6 CITY OF MERIDIAN PLAN; DEPARTMENT STAFF REPORT FOR THE HOING DATE OF JUNE 27, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-213-2 lists office as a permitted use in the L -O zone. The Planned Development allowed for office uses in the R4 zone as of the previous approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed office development. In fact, this area has been previously approved for office uses (AZ -01-012 and CUP -01-026). Staff believes the rezone is a clean-up of the previously approved office uses on this site. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on February 1, 2006 by Steven J. Frisbie, PLS) shows the property as within the existing corporate boundary of the City of Meridian. MISCELLANEOUS APPLICATION ANALYSIS: UDC 11 -5B -3.D.2 and Idaho Code § 65- 6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In March of 2002, G.L. Voigt Development (Developer) and McBirney Property Trust (Owner), previously entered into a development agreement with the City, and Dave Evans Construction (current developer) is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional office buildings and possibly two drive-throughs. The development agreement for this property was record on May 16, 2002 as Instrument No. 102056126. Staff is generally supportive of the applicant's request. However, staff does not support commercial/retail uses on this site only uses allowed in the L -O zone. This property is designated for office uses and retail uses are not consistent with the Comprehensive Plan or the proposed L -O zone. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Sundance Subdivision as follows: • Page 1, Item 1.4 - "... `Property"s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L -O (Limited Office). . Page 2, Item 1.7 - " WHEREAS, City Council, the 5' day of March 2002 and the XX day of XXXX, 2006, has approved certain Findings of Fact and Conclusions of Law..." Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction, whose address is... Page 4, Item 4.1 - ". .. Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JUNE 27, 2006 property as Single Family Residential and Office, that any proposed uses be consistent with the L -O zoning standards and required processes." Page 6, Item 11 - Change the condition to read: "That any proposed conditional uses in the L -O zone, shall require a CUP. The office uses, and all other principally permitted uses of the L -O zone, are allowed if constructed in accordance with the approved CUP site plan." Page 6, Item 12 - Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20 -foot wide planting strip adjacent to the existing residentially zoned lots to the north and east." Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No. 102056126) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the Citv Attorney, Bill Nary, at 888-4433 to initiate this process. PRELEVIINARY 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 office development. Please see Exhibit D for detailed analysis of facts and findings. However, there are some specific changes to the plat that staff recommends: 1. Access: The applicant is proposing to construct two vehicular accesses into the site. The first access is proposed to intersect Meridian Road at the north property line. This access is approximately 440 feet north of Ustick Road, and was previously approved_ by the City and ACHD with the approval of the Sundance Development in 2003. The second access is proposed to intersect Ustick Road at the east property line. This access is approximately 400 feet east of Meridian Road and was also approved by ACHD with the approval of the Sundance Development in 2003. However, a note was placed on the face of the final plat for Sundance Subdivision No. 3 that does not allow direct lot access to Ustick Road in this area (see Note #16 of the Sundance Subdivision No. 3 plat). Staff believes that this note is not consistent with the approval of the ACHD or the City in 2003. There is nothing in the conditions of approval or in the minutes that suggest that access to Ustick Road for the office portion of the development was prohibited. However, the applicant has submitted a new application for approval, and staff is re-evaluating the viability of allowing access to Ustick Road, an arterial street, so close to a major intersection (the proposed access to Ustick Road is approximately 400 feet from the Ustick/Meridian intersection.) Further, there is a stub street provided to the office lots from the east (Santiago Court). The City and ACHD typically require stub streets to be extended into the property, and try to limit access to arterial streets. Staff believes that this project should not be an exception to those policies. Therefore, staff recommends that the applicant construct a driveway to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it may be closed. A note should be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note should state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. As noted above the applicant is proposing access to Ustick Road and Meridian Road. Staff is recommending that a third vehicular access, to Santiago Court also be provided. Staff is further recommending that a cross -access, parking and ingress/egress agreement Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 8 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JUNE 27, 2006 be recorded for this development so all 12 of the proposed office lots can use the driveways, drive aisles and parking areas. 2. Landscaping: A 20 -foot wide landscape (land use) buffer is required between L -O zoned property and residentially zoned property. However, UDC 11-5B, allows the City to provide for alternative means to certain standard development regulations, including landscaping. In granting such requests, the City typically requires specific improvements to be made, ensuring that the intent of the regulation being altered is maintained. There are residential lots to the north and east of this site. The applicant has submitted an alternative compliance request to allow the previously approved driveways to/from Meridian Road and Ustick Road to encroach into the required buffers. As a replacement for the landscaping, the applicant is proposing a sound -blocking wall along the portion of the entryway which encroaches into the residential land use buffer. Because the driveway location to Meridian Road and Ustick Road have previously been approved and should not be moved closer to the intersection, and because the sound wall should meet the intent of the landscape buffer, staff is supportive of the applicant's request. In lieu of the 20 -foot wide landscape buffer, the applicant should be required to construct a 6 -foot tall sound wall along the north and east property lines where the driveway is closer than 20 -feet to the property line (approximately 70 feet at the north property line, and approximately 100 feet at the east property line). NOTE: Adjacent to the east property line is an ACHD storm drainage lot. This lot is approximately 35 -feet wide but does not contain trees or other means to screen the subject site and driveway from the residential uses further to the east. The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Depict and construct a 6 -foot tall sound -blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line. Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 3. Pressure Irrigation:, The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 9 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE H46G DATE OF JUNE 27, 2006 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. 4. Common Areas: Maintenance of all common areas, including the cross -access, ingress/egress and parking areas, shall be the responsibility of the Sundance Subdivision No.5 Business Owners' Association. CONDITIONAL USE PERMIT: The applicant has submitted a Conditional Use Permit for the proposed development because the proposed lot configuration and building layout differs from CUP -01-026, the previously approved CUP for this site. With the approval of CUP -01- 026, four office buildings were proposed. The applicant is proposing to add an additional 8 building lots (12 total). The applicant also requests approval for drive-throughs for financial institutions on Lots 7 and 8. Staff is generally supportive of the applicant's development. However, UDC 11-4-3-11A requires drive-through establishments to be greater than 300 feet from an existing residential zone, or a CUP is required. Because the potential drive-throughs for Lots 7 and 8 will be within 300 -feet of a residential zone, staff recommends that separate CUP approval be granted by the City prior to operation of a drive-through on this site. VACATION: With the recordation of Sundance Subdivision No. 3, a 10 -foot wide (5 feet on either side of a lot line) public utility, irrigation and lot drainage easement was created on this site. The new lot configuration has potential pad sites that span across the recorded easements. The applicant has submitted application to vacate an existing, recorded public utilities, irrigation and lot drainage easement. Staff is recommending approval of this request to the City Council, subject to the applicant providing the City with relinquishments from all applicable utilities. Please see the separate Staff Report regarding VAC -06-004. b. Staff Recommendation: Staff recommends approval of the proposed Sundance Subdivision voted to recommend approval of the subject applications with the conditions listed in Exhibit B of the Staff Report. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District C. Legal Description Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 10 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HAIIING DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance Sundance Subdivision Commercial Addition - RZ-06-001, PP -06-014, CUP -06-011, MI -06-001 PAGE 1 I CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) tom. F° .. — n fu L _ J; 2VU AUVNUVMVd - -- �•�...� 9 'flN NOffi7AIQ8!!S amcwum AMM hp 10 Al III fill 'i p 0 s Exhibit A CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THEA16G DATE OF JUNE 27, 2006 2. SiteALandscape Plan (dated: January 2006 (revised 3-1-06)) Nomu=w 2,cm mmum owsmw B.HaTum =I/mm wmam � a 9� $4_e' ti D °, 6 y�� e 4°y9C I g� t I ,�� tj v, 'fill Exhibit A Ail S I -.90o Nomu=w 2,cm mmum owsmw B.HaTum =I/mm wmam � a 9� $4_e' ti D °, 6 y�� e 4°y9C I g� t I ,�� tj v, 'fill Exhibit A CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1- 06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Conditional Use Permit (CUP -06-011) shall also be considered conditions of the Preliminary Plat (PP -06-014). 1.1.2 Maintenance of all common areas, including the parking and drive aisles, shall be the responsibility of the Sundance Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: • Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. • Where a substandard landscape buffer is built, depict and construct a 6 -foot tall sound - blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20 -feet of the property line (see bullet point below). Details of said wall shall be shown on a revised landscape plan. • Unless otherwise approved, construct a 20 -foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. • Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 1.1.4 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. A note shall be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note shall state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. 1.1.5 Record a cross -access, parking and ingress/egress agreement for this development so all 12 of the proposed office lots can use the driveways to/from Santiago Court, Ustick Road, and Meridian Road. Said agreement shall also include the drive aisles and parking areas, as proposed. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District/Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS—CONDITIONAL USE PERMIT 1.3.1 The site/landscape plan prepared by Toothman-Orton Engineering, dated January 2006 (revised 3-1-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-001), and Preliminary Plat (PP -06-014) shall also be considered conditions of the Conditional Use Permit (CUP -06-011). 1.3.2 No drive-through is approved with this CUP. Any fide drive-through use on this site shall require Conditional Use Permit approval. 1.3.3 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 If the applicant is not going to use the existing 6 -inch sewer services, then an acceptable method to abandon them shall be coordinated with the Public Works Department during the detailed plan review. 2.3 Water service to this site is being proposed via extension of mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute Exhibit B CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 standard forms of easements for any mains that are required to provide service. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Prior to final plat submittal revise the sewer and water easement called out in note #10 to reference City of Meridian instead of Garden City. 2.6 It appears to staff that the applicant is proposing to use the existing pressurized irrigation system that was installed with phase 3. Prior to scheduling of a pre -construction meeting a letter of plan approval shall be submitted by Nampa and Meridian Irrigation District. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE I46G DATE OF JUNE 27, 2006 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required). 4. POLICE DEPARTMENT 4.1 If no drive-throughs are approved, no comment. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANING DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 This is a staff level approval of a preliminary plat for Sundance No. 5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15, 2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions of the original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 8.2 All laterals and waste ways must be protected. 8.3 The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE KOING DATE OF JUNE 27, 2006 C. Legal Description TOOTFIMAN-ORTON ENGINEERING COMPANY CONSULMO FWCV�WMM SURVEYORS AM PLANNERS Projecl: 05161 Date: February L 2006 Page: I of I 9777 CHINDEN BOWLEVAM) BOISE, IDAHO 83714-2M 208-323.2288 - FAX MR -323-2-11A Land Description for Re -zone to L-0 A parcel of land situated in the SW it of Section 3 l.'Township 4 North- Range I East, Boise Meridian„ City of Meridian, Ada County. Idaho. being a portion ofsaidW and a portion of Lot 19 and all of Lots 20 through 26, Block 7 or Sundance Subdivision No. 3, as Wed in Book 88 of Plats at Pages 10025 and 10026. Records of Ada County, Idaho., described as follows: BEGFNNFNG at an aluminum cap, marking the COMU common toSection31, 'I'auquhip 4 North. Range I East; Section 36, Township 4 North, Range I West; Section 1. I'Muship 3 -North, Range I West; and Section 6, Township 3 North, Range I East- all Boise Meridian, Ada County, Idaho. frons which a brass rap, marking the '/a corner common to said Sections 31 and 36 hem N.00°51 "50" L. 2650.09 Piet; thence, along die, line commott to said Sections 31 and 36 and the centetline of N- Meridian Road. I ) N-00*5 I'RYT., 494-46 feet: thence. along the northerly line ol'said Lot -26 and the westerly prolongation thereof. 2) S-890081 WE- 477.13 feet to the northeasterly corner of saki Lot 26; thence, along the e-mterly line of said Lots 26 and 25 and the sourlictly projonL,alion thereof, 3) S.00-51'50" W., 490.84 feet to the centerline of E. Ustick Road and the Section tine common to said Sections 31 and 6; thence, along said "e, 4) N.89-34'17 VJ., 477.14 feet to the POINT OF BEGINNFNG. CONTAINING: 5.40 acres, more or less. SUBJECT TO: all Covenant,;, Rights, RighLs-of-Way. Eawments ut'Record arld an% Encumbrances. (This description was prepared from record information (m the official plat of Sundance Subdivision No. 3, records of Ada Countv. Idaho I W 11P _71"11- r,�IzPMIAN PC51-10 ��V'-' J;P'V^� 7 -Irl BOISE - COEUkd'ALENE - CA[ DWILL Exhibit C CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 NOTE: pl,,lN PUBLIC AREA I SHOWN V'ianmk neFT- A PORTION OF SUNDANCE SUBDIVISION NO Exhibit C RE -ZONE BOUNDARY MAP 0 50 100 200 300 mmmm—()mK ErAmmm Co. 3 CKVNEMS - sLoWeyoRs - PL&NNERS OTR cH'NM OUNARD - Emc.L Dola s3m-=8 PHONE: 208-323-22EIB - FAX; 208-M3-2399 VIE KJOI M kR-- mgq WLAM=y = X&DISI CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE MING DATE OF JUNE 27, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that educational institutions, financial institutions, professional offices, and public/quasi-public uses are allowed within the requested zoning district of L -O as Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with lot sizes 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best of interest of the City (UDC 11 -5B -3.E). This property is already annexed into the City. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Rezone of this property to L -O 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; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE BOING DATE OF JUNE 27, 2006 Comprehensive Plan. Staff generally supports the proposed plat layout as it complies 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone 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, Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fording. (See fording "Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council fords that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. However, the Exhibit D CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE KING DATE OF JUNE 27, 2006 applicant is requesting alternative compliance to the standard land use buffer requirement to the north and east (adjacent to residential). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the design, construction, operation and maintenance of the L -O uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed at this time. Because the applicant is constructing a 20 - foot wide land use buffer between the L -O zoned lots and the residentially zoned lots to the north and east, Council finds that the future operation of commercial/office businesses on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed L -O zoned lots are close to residential uses, Council is requiring that any and all future use(s) on this lot that have a drive-through be required to obtain CUP approval prior to construction and operation. Staff will analyze future building heights, parking layouts, and other dimensional standards with future applications to ensure compliance with the UDC. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HNG DATE OF JUNE 27, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Traffic in this area is getting pretty bad. However, Council does not believe that the amount of traffic or noise generated by this development will be detrimental to the general welfare of the public. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D 0 July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Kenai Partners, LLC • AZ 06-021 ITEM NO. 5-G REQUEST Findings for Approval -- Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C -G General Commercial and R-15 medium high density zones for Kenai Subdivision -- south of East Overland Road and west of South 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: MERIDIAN POST OFFICE: COMMENTS See attached Findings or V-2-1-, OTHER: Contacted: Rer Y t i ff1 CYO t j Date:-i-I-1-DIp Phone: %L0930 Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 77.66 acres from RUT to R-15 (Medium High Density Residential) (31.78 acres) and C -G (General Commercial) (45.88 acres) AND Preliminary Plat approval for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. Case No(s). AZ -06-021 and PP -06-019 For the City Council Hearing Date of. June 27, 2006 (findings on July 18, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 0 i 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 27, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated Revised, June 27, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant shall be responsible for continuing the Proposed Pathway (along Ridenbaugh Canal on the southern Property boundary to Lot 8 Block 3) along the western Property boundary to the area where the Proposed R-15 zone transitions to the C -G zone. The Pathway shall then connect to the Proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 27, 2006 incorporated by reference. D. Notice of Applicable Time Limits 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 • 0 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 27, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 • 0 By action of the City Council at its regular meeting held on the �U day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_Y�!— COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED__Y!� COUNCIL MEMBER KEITH BIRD VOTED__Vria— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm Weerd \\\\`,�ii�sil! Id IJAt Attest: �+ s fW1IiLLL11 William G. Berg, Jr., CitIrClefk Copy served upon Applicant, The Planning,erlt°�lic Works Department and City �aee�rcteQtli9i9i0. Attorney. By: Dated; Z6' GLP City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR TIOEARING DATE OF6/27/2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: June 27, 2006 Mayor & City Council Joe Guenther/Jenny Veatch Associate City Planner 208-884-5533 Kenai Subdivision. All applications are for Kenai Subdivision by Kenai Partners LLC. AZ -06-021 — Annexation and Zoning of 77.66 acres from RUT to R-15 (Medium High Density Residential) (31.78 acres) and C -G (General Commercial) (45.88 acres). PP -06-019 — Preliminary plat for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kenai Partners LLC, is requesting Annexation with a Preliminary Plat to construct retail/restaurant/and office uses as well as a mixture of attached, detached and townhouse residences on approximately 77.66 acres within the Kenai Subdivision development located approximately 1/ mile west of the intersection of Overland Road and Eagle Road/SH-55. 2. SUMMARY RECOMMENDATION Staff recommends approval of Kenai Subdivision with modifications to the proposed layout as follows: • Lots 56-59 of Block 3 shall be amended. These lots do not have road frontage and do not meet the minimum standards of the UDC. Meridian Parks Department has requested a pathway spur at this location to connect to the Ridenbaugh Canal. The bulk of these lots may be transferred to Lot 60 Block 3 with a common lot being created to provide the spur connection. • Lot 8 Block 3 contains a multi -use pathway through the addition to Kiwanis Park. The pathway should be extended along the western property boundary to the area where the proposed R-15 zone transitions to the C -G zone. The Dathwav shall then connect to the proposed detached sidewalks along S. Kenai Wav and continue internallv through the site to connect with E. Overland Road. • A conditional use permit shall be required for all multifamily units and must comply with the standards of the UDC 11-4-3.27. • A private street application shall be required for the 42' wide private driveway in the commercial portion of the project and must comply with the standards of the UDC 11-3F. Staff therefore recommends approval with conditions of the subject applications (AZ -06-021, PP -06- 019) as detailed in the staff report dated June 27, 2006. The Meridian Planning and Zoning Commission heard the item on Mav 4.2006. At the public hearing thev moved to recommend approval. NOTE: As ef the imint deadline for- this updated Staff Reaov6 the appliesat has not above. On June 27.2006 City Council approved the subject applications. a. Summary of Public Hearing: i. In favor: Becky McKay (Applicant's Representative), David Koga, Andy Erstad ii. In opposition: Ralph Ingle, Dan Curtis, Gloria Fern Kenai Subdivision AZ-06-021/PP-06-019 Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR REARING DATE OF6/27/2006 iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. variance for setbacks on alley -loaded products; ii. clarification of south boundary elevation on auto court units c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approve I move to approve File Numbers AZ-06-021/PP-06-019 as presented in Staff Report for the hearing date of June 27, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ-06-021/PP-06-019 as presented in the Staff Report for the hearing date of June 27, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-021/PP-06-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: W1/2 of the NE 1/4 Township 3N, Range 1E, Section 20 b. Owners Kenai Partners LLC 6223 N. Discovery Way Boise Id 83713 c. Applicant: Kenai Partners LLC 6223 N. Discovery Way Boise Id 83713 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT- Ada County f. Present Comprehensive Plan Designation: Mixed Use -Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit Al (prepared by Engineering Solutions) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions and building elevations. Kenai Subdivision AZ-06-021/PP-06-019 Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR REARING DATE OF6/27/2006 h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant/ Office/Drive through and other Commercial uses oriented around automobile traffic, the central portions of the site are designed around transitional uses of office sites into a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential complex and will provide the additional landscaping along drive aisles, a park site, and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning (including rezones) as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. C. Newspaper notifications published on: Council - December 19 and January 2, 2005 (for P & Z Commission hearing) and June 5 and June 19, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 (for P & Z Commission hearing) and June 2, 2006 (for City Council hearing). C. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and June 17, 2006 (for City Council hearing). 5. LAND USE a. Existing Land Use(s): Bare land, existing single family residence with out buildings. b. Description of Character of Surrounding Area: lot residential, highway -oriented services, rapidly urbanizing commercial/office projects, high school. c. Adjacent Land Use and Zoning 1. North: Undeveloped commercial, C -G 2. West: Mountain View High School R-4, Office Park L -O 3. South: Thousand Springs Subdivision, R-4 4. East: Developing Commercial/Retail (El -Dorado Business Campus), C -G d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is a sewer main stubbed to this property from Overland Road. Location of water: There is a water main stubbed to this property from Overland Road, E. Gala Stree, and E. Blue Horizon Drive. Issues or concerns: None 2. Vegetation: Agricultural/Irrigated Kenai Subdivision AZ-06-02I/PP-06-019 Page 3 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR REARING DATE OF6/27/2006 3. Flood plain: N/A 4. Canals/Ditches Irrigation: Several unnamed ditches cross the property. 5. Hazards: None identified 6. Size of Property: 77.66 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Overland Road. Attached townhouse and single family residential, front accessed (shared driveway) and alley accessed residential products. f. Subdivision Plat Information The submitted plat includes an R-15 proposed zone with 64 single-family residential lots which are to share common driveways and are in the 4,122 to 6,868 square -foot range. The 28 alley accessed homes are located in Blocks 6 and 8 and are in the 3,440 to 4,300 square foot range. These lots are designed to meet the minimum standards of the R-15 district with common lot lines (zero lot line setbacks). The submitted plat also includes nine lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse/apartment design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has not included a conditional use permit request for the multifamily units. The submitted plat also contains 32 lots in a C -G proposed zone with commercial/office uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Overland Road is designated as "Entryway Corridor" to the edge of the site. The overall site is not required to provide entryway corridor landscaping. As such, the UDC (Table 11-2B-3) requires a 25 -foot wide street buffer adjacent to arterial roadways. The landscape plan (Sheet L1.1) proposes a 35 -foot wide buffer along Overland Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25 -foot wide buffer between commercial uses on C -G -zoned land and residential uses. The properties to the west are zoned R-4 (Meridian Joint School District), properties to the east are zoned C -G, and the properties to the south are zoned R-4 and have existing residential separated by the Ridenbaugh Canal and future regional multiuse pathway. Lots adjacent to the site on the west and south as shown on the landscape/site plan include greater than the 25' standards and no additional landscaping shall be required if the landscape plan is installed as proposed. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along internal roads should be constructed in accordance with UDC Chapter 3, Article B. Kenai Subdivision AZ-06-021/PP-06-019 Page 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TIREARING DATE OF6/27/2006 h. Planned Development Characteristics — N/A i. Conditional Use Information (The applicant has not applied for a conditional use for multi- family at this time. However, it is part of their concept plan. The following information is provided as a guide for future application of the conditional use): 1. Non-residential square footage: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.627 acres, 11.4% (residential only) 5. Percentage of site devoted to paving: 10.677 acres (right of way, entire site) 6. Percentage of site devoted to other uses: 2.035 acre park 7. Number of Residential units: 128 multifamily j. Amenities — The applicant is providing a clubhouse in either Lot 1 or Lot 3 Block 4, recreational facilities in the public park and additional open space for the residential amenities (BBQ pit, Benches, picnic areas). The applicant is also proposing to install the multiuse pathway along the Ridenbaugh Canal as well as pathway spurs into the site. k. Off -Street Parking (residential uses) — provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 and to be determined by future CUP. 1. Proposed and Required Residential Standards —R-15 bulk standards apply as found in UDC 11- 2A. R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 10(flag lots) Lot Size 3,440 2,400 Maximum building height 40 40 m. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The total number of parking spaces has not been calculated. This may be addressed during detailed CUP review and building design review but the lot sizes should be sufficient to meet the minimum standards of the UDC parking requirements if appropriately designed. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new public access point to Overland Road/SH55 to serve the Kenai project at approximately 593 feet west of the eastern most property line. Kenai Subdivision AZ-06-021/PP-06-019 Page 5 CITY OF MERIDIAN PLANNIN DEPARTMENT STAFF REPORT FOR TAEARING DATE OF6/27/2006 This project will connect with the El Dorado Subdivision, at a public street (Blue Horizon) connecting to Eagle Road and at Gala Street to Valencia Plaza Subdivison. The internal road, S. Kenai Way will serve as a collector road for the site, the applicant has proposed appropriate widths and landscaping for S. Kenai Way. In addition, the applicant is requesting two new access points to Overland Road at the following locations: ■ Driveway #1 — 306 feet west of eastern property line (right-in/right-out) ■ Driveway #2 — 317 feet east of western property line (right-in/right-out) Overland Road, from Eagle Road to Locust Grove Road, including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes to the interstate. For a detailed report on ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On April 14, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, Meridian Parks Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. The Comprehensive plan also shows a Regional Multiuse pathway at this location to connect to Overland Road and also along the Ridenbaugh Canal. The southeastern most corner of the site is designated Public/Quasi public and provides for a park site with a school connection. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- The anner:The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Kenai Subdivision AZ-06-021/PP-06-019 Page 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR TEARING DATE OF6/27/2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU -R on the Comprehensive Plan Future Land Use Map. The designs of the products meet the overall goals of the Mixed use Regional designation. The applicant has shown a mix of residential products, with an office and retail component to their design. Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Overland Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from the public streets and shows micropaths and sidewalks which will provide future connection to residential areas south and west of the site along Overland Road. Staff believes that the commercial areas proposed complement the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Overland Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The AChD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACHD's standards. Please see the ACBD staff report and Exhibit B for the conditions from ACHD. Kenai Way provides a collector system to the arterial roadway for the internal circulation of residents. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. South of the site is developed with residential uses, east of the site are proposed commercial developments also tied in with this project by a collector roadway and west of the site is the Mountain View High School. These uses are expected to continue as per the Comprehensive Plan Future Land Use Map as the proposal is the last phase of development between Eagle and Locust Grove Road pm the south side of Overland. The project provides a transition from the intense commercial uses along Eagle and Overland Roads into a mix of residential densities from the C -G District to the R-15 District. The applicants have included residential to residential use buffers along the north and west boundaries by providing a park corridor and pathway connections. Kenai Subdivision AZ-06-021/PP-06-019 Page 7 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR REARING DATE OF6/27/2006 • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By ordinance, a minimum 25 foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ■ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD 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, Goal II, Obj. A, #12, page 79). ■ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ■ "Restrict curb cuts and access points on ... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C -G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail and Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D d. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists multifamily development uses as conditional uses in the R-15 zoning district. Kenai Subdivision AZ-06-021/PP-06-019 Page 8 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR TEARING DATE OF6/27/2006 e. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. f. Architectural Character -Multifamily Development (11-4-3.27.E): All structures in Multifamily Development are subject to the design standards listed in this section. The overall elevation shall be reviewed by staff and shall be approved prior to issuance of a Certificate of Zoning Compliance. g. Landscaping (11-4-3.27.17) Additional landscaping standards for street facing elevations apply to this site. h. 11-4-3.27.G All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. i. General Off -Street Parking Standards (from UDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. j. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to the site plan, building elevations, and amenities. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ -06-021) Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 3/7/06 by D. Terry Peugh, 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 when services are available from the City of Meridian. Wells may be 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 Kenai Subdivision AZ-06-021/PP-06-019 Page 9 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR REARING DATE OF6/27/2006 operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 11 -5B -3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the complexity of the proiect, mix of uses, public dedications, and proximity of existing and future residential uses (the multi -family component), staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desianation and does not ne atg ively impact nearby properties. Staff believes that the Development Agreement should include the following provisions: Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Overland Road including the park site with %a the residential products and then continue development to the south and east. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road. Non -Residential Buildings: The applicant has not requested a maximum square footage of retail/restaurant/office spaces. Staff does not propose to limit the applicant to allow greater flexibility for more marketable conditions. The maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40' in height. These standards are to mitigate anticipated concern from adjoining residential uses. • Residential Buildings_ The applicant has shown several elevations for both alley accessed residential, townhouses, and detached single family residential products. Staff supports these elevations but would also support better clarification of the specific height, bulk, types of materials, and locations proposed for each type to address the concerns of adjoining property owners and to include within the DA. Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C -G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internallv through the site to connect with E. Overland Road. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. Park: The applicant shall also coordinate with the Meridan Parks Department the transfer by dedication of the 2.035 acre addition to the Kiwanis Park. The applicant shall also be responsible for all costs of dedication, construction, Kenai Subdivision AZ-06-021/PP-06-019 Page 10 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR TIOEARING DATE OF6/27/2006 landscaping and pathway construction as agreed upon. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of 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. PP Application (PP -06-019): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5 -foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with an 8 -foot wide landscape strip as shown on the collector road cutouts. The proposed landscape strips include trees and grasses. The applicant is proposing to plant trees between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. The second commercial collector design would incorporate median strips with trees planted in the center of the road. The width of the planter strip between the sidewalk and the curb shall be a minimum of 8 -feet wide and include Class II trees. Since the applicant has submitted a plan which details these items staff would support the sidewalk designs as shown on the landscape plan. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25 -foot wide landscape buffer is required between single-family homes and C -G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a transition area between the single-family homes and the detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan. The applicant should be required to create an appropriate landscape buffer along the lots that transition from commercial to multifamily. The single-family lots would then not need a land use buffer from the multifamily lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. The nature of the land use buffer shall be reviewed when the applicant proposes to develop the multifamily lots through conditional approval. The western and southern boundaries are proposed to be buffered by the park and pathways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B-12 which will meet the buffer requirements. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-2B requires a 25 -foot wide street buffer along classified arterial roadways. Overland Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Overland Road. The applicant should be required to depict the Kenai Subdivision AZ-06-021/PP-06-019 Page 11 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR TEARING DATE OF6/27/2006 required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-213 requires a 10 -foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct an 8 -foot wide street buffer along both sides of Gala Street, Blue Horizon Drive and Kenai Way. The internal lots shall be required to provide the additional landscape buffer to the proposed sidewalks. The applicant shall revise the design to include the street buffer easements on the plat. The applicant should be required to depict the required 10 -foot wide street buffer easements along collector and local roads on the face of the final plat. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site with the exception of the Ridenbaugh Canal. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Fencing: The applicant is not showing a fence along the perimeter of the property which would meet the standards of the UDC. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Cross -access Internal: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross -access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. The Meridian Fire Department and Planning Department require that private streets as proposed must obtain Private Street approval as per UDC 11-317. The purpose of the commercial private streets is to provide addressing for emergency services to these internal lots. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Elevations: Neighboring properties have expressed concerns with prior projects and in relation to higher density residential (R-15) proposals in the general neighborhood. To mitigate the anticipated concerns staff recommends that design review standards apply to the site; the applicant's commercial products shall be subject to design review if the proposed buildings meet either of the following criteria: Kenai Subdivision AZ-06-021/PP-06-019 Page 12 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TIEARING DATE OF6/27/2006 • The total square footage of the building is greater than 60,000 square feet; or • The building height is greater than 40 feet. The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fagade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. c) Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth - faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service areas in the C -G sites will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Multi -Use Pathway: The applicant is not showing, but will be required to install, a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Ridenbaugh Canal in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 50' easement upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. The applicant shall be responsible for continuing the pathway along the western property boundary to the area where the Proposed R-15 zone transitions to the C -G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from the Ridenbaugh Canal pathway to the Locust Grove Overpass which will be the essential North/South transition point for pathway interconnectivity in the City of Meridian. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing Thousand Springs Kenai Subdivision AZ-06-021/PP-06-019 Page 13 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR TOEARING DATE OF6/27/2006 Subdivision which is north of the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic area in Lot 1 Block 7 11 -3G -3C-2 — Recreation amenities — Public Park with Multiuse Pathways, Open Space 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Ridenbaugh Canal. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Kenai (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP applications substantially conform with the Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend that lots 56-59 of Block 3 be redesigned with a pathway stub, building elevations be submitted in compliance within the required design standards, conditional approval be reviewed for the multifamily products, and a private street section for cross access between Gala Street and Kenai Way be submitted. On May 4, 2006 the Planning and Zoning Commission voted to recommend approval of the subject application with the conditions listed in Exhibit B of the Staff R I. On June 22- 2006 rity Council amproved the subject applicati 10. EXHIBITS A. Drawings 1. Preliminary Plat (dated Mffeh 10 Revised June 27, 2006 prepared by Engineering Solutions. 2. Landscape Plan (dated March 7 2006) prepared by The Land Group. 3. Elevations/Pictures B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD 8. Central District Health Department 9. Nampa & Meridian Irrigation District D. Required Findings from UDC — 1. Annexation 2. Preliminary Plat Kenai Subdivision AZ-06-021/PP-06-019 Page 14 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR TOEARING DATE OF6/27/2006 Exhibit Al: Preliminary Plat dated Mar -eh 10 Revised June 27, 2006 �s I 4r MAI MMITWN t'REIJNQJA�fY 1'lAr lam¢•n[rc W smel ¢ri as 4 �60•rt, p• Kenai Subdivision Exhibit A Page 1 PLANNER: COVAC! _ . k I31 N . 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Be i s ll :lul I \ I I M I "go iAw alp ®3 .1 A i 11 II .,In 1 4 11 I Z9 r I 8aff to I i1 t: a ®I /®A 1 gt 11 1911i I I It 1 &1A ,- 1 —1 1 al l i Ila at Inn 1 1 11 1 11 o L.I..1-_LL.®J_-Aj a 11 IgK1 1 6 It I I I L_ 14 _I_ 8 1 Il n ll 191® 0 0 C IT Y OF M E R ID IA N PLANNING DEPARTMENT STA I E z h ib it A ; E lev atio n s/P ictu res b CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR TH*EARING DATE OF 6/27/06 at KENAI erstad ARCHITECTS RGIWEERING Kenai Subdivision Exhibit A Page 7 residential precedents auto court -projects completed by others CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TOHEARING DATE OF 6/27/06 GRAMIRCY at KENAI y, erstad ARCHITECTS ENGINEERING geuc�m4ca S&I T/DIVS,� Kenai Subdivision Exhibit A Page 8 residential precedents quad elevofons (front and rear} •projects Completed by oihm CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR REARING DATE OF 6/27/06 Exhibit B: Legal Description - Annexation March 6, 2006 Kenai Subdivision Proposed Annexation A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows. Commencing at the North 1/4 corner of said Section 20, the REAL POINT OF BEGINNING, from which the Northeast comer ofsaid section bears North 89'46'02" East, 2656.88 feet; 'thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly houndary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the extension thereof South 01 042'39" West, 2649.87 feet to the Southwest corner ofsaid subdivision lying on the North boundary of Thousand Springs Subdivision No, 5, as same is recorded in Book 79 of Plats at Page 8535, records of Ada County, Idaho, Thence along said North boundary South 89-54'13" West, 1247.79 feet to the Center ofsaid Section 20; Thence along said North-South mid-section line and the East boundary of Resolution Subdivision No.], Valencia Plaza Subdivision and Riverbirch Co I vard Condominiums, as same is recorded in Book 82 of Plats at Page 9041, Book 91 ofPlats at Page 10764 and Book 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00°24'04" East, 2645.54 feet to the Point of Beginning. Containing 77.G6 acres, more or less. 511 15 5I 115-an.vAo, Kenai Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR TAEARING DATE OF 6/27/06 — _ BASIS OF BEARINGS / N 89'46 O2"E 2656.88' � 20 /l/4 —20 J21 29 R.P.0'B. ANNEXATION E �RERlANO ROND 29 28 R.P08- CG ZO t ... NE i t t CURVE RA03JS DELTA�I ARC CHORD BEARINGG Ci 75.00 354 14' 46.80 46.05 N 71'43'19' W $CAL' 1 "=400' RMDATE 03/10/06 bkb C -G La PROD, h0. 51 15 PROPOSED KENAI SUBDIVISION SOLUTIONS,, SHEET 1 OF 1 I I" 51,15-ANh.O'NG �j !ev N � N � Wt I,Na S 36 D9'18"W 17.42' o N 89'3556"W 1023.14'_ cn zt C1 R.P.U.- R-15 ZONE N 89.35'56"W I 195.60' r7 to R-15 Iht t I t t R APP�lOV C1/4 _ _ ray,• S 89'54'13" W 1247.79' Kenai Subdivision Exhibit B Page 2 OATAOATA PUBLIC CURVE RA03JS DELTA�I ARC CHORD BEARINGG Ci 75.00 354 14' 46.80 46.05 N 71'43'19' W $CAL' 1 "=400' RMDATE 03/10/06 bkb ANNEXATION AND REZONE ENGINEERING PROD, h0. 51 15 PROPOSED KENAI SUBDIVISION SOLUTIONS,, SHEET 1 OF 1 LOCATED IN THE W 1/2 OF THE NE 1/4 150 51,15-ANh.O'NG SECTION 20, T.3N., RAE. B.17. E. AIKENS SFREET, SUITE 8 EAGLE. IDAHO 83616 MER;DIA.V, ADA COUNTY IDAHO Phore (208) 938-7980 FU (208) 938-0941 Kenai Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TOHEARING DATE OF 6/27/06 Exhibit B: Legal Description — C -G (General Commercial) March 6, 7006 Kenai Subdivision Proposed C -G Zone A parcel of land located in the West 1/2 of the NE 1!4 of Section 20, I'3N., R.1 E., B.M., Ada County, Idaho, more particularly dcscrihed as follows: Commencing at the North 1/4 corner of said Section 20, the REAL POINT OF BEGINNING, from which the Northeast corner of said section bears North 89°46'02" East, 2656.88 feet; Thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the extension thereof South 01 °42'39" West, 1556.20 feet: Thence North 89`35'56" West, 195.60 feet; Thence South 36009'1811 West, 17.42 feet to a point on a curve; Thence 46.80 feet along the are of a non -tangent curve to the lefl, said curve having a radius of 75.00 feet, a delta angle of 35'45'14", and a long chord bearing North 71 '43'19" West, 46.05 feet; Thence North 89135'56" West, 1023.14 feet to a point on the North-South mid- line of said Section 20 and the East boundary of Resolution Subdivision No. 1, as same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho; Thence along said North-South mid-section line and the East boundary of said Resolution Subdivision No. t, and of Valencia Placa Subdivision and Riverbirch Courtyard Condominiums, as same is recorded in Book 91 of Plats at Page 10764 and Book 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00°24'04" hast, 1541.32 feet to the Point of Beginning. Containing 45.88 acres, more or less. Kenai Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR TOHEARING DATE OF 6/27/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) March 6, 2006 Kenai SubdiAsion Proposed R-15 Zone A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R. I E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, from which the Northeast corner of said section bears North 891146'02" East, 2656.88 feet; thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Rook 86 of Plats at Page 9783, records of Ada County, Idaho; thence along the West boundary of said subdivision and the extension thereof South 01 142'39" West, 1556.20 feet to the REAL POINT OF BEGINNING; Thence continuing South 01'42'39" West, 1093.67 feet to the Southwest corner of said subdivision Iying on the forth boundary of Thousand Springs Subdivision No. 5, as same is recorded in Book 79 of Plats at. Page 8535, records of Ada County, Idaho; Thence along said North boundary South 89'54'13" West, 1247.79 feet to the Center of said Section 20; Thence along the North-South mid-section line of said Section 20 and the East boundary of Resolution Subdivision No.], as same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho, North 00°24'04" East, 1104.23 feet; Thence South 89035'56" East, 1023.14 feet to a point of curvature: 0 feet along the rc of curve to the , said curve having a radius of 75.00 feel,ca delta angle of 5045' t 14", as d a long chord hearing South 71'43' 19" East, 46.05 feet; Thence North 36009'18" East, 17.42 feet; Thence South 89035'56" East, 195.60 feet 1.0 the Point of Beginning. Containing 31.78 acres, more or less. 5 t t 1 *.-, 1115-115.dc, Kenai Subdivision Exhibit B Page 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR TPHEARING DATE OF 6/27/06 C. Conditions of Approval 1. Planning Department At the June 27, 2006 City Council hearing, the Council required the applicant to enter into a Development Agreement with the City. See Section 9a of the Staff Report for the DA provisions. SITE SPECIFIC REQUIREMENTS— (Kenai Subdivision) 1.1.1 The preliminary plat labeled as PRE prepared by Engineering Solutions, Dated 3 14 0196 Revised 6/27/2006 approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-021) shall also be considered conditions of the Preliminary Plat. 1.1.2 Create a pathway connection from Lot 8 Block 3 to Overland Road. A multi -use pathway shall be located as depicted on the Future Land Use Map. The pathway may be contained in a common lot or a permanent platted easement. The applicant shall be responsible for continuing the pathway along the western property boundary to the area where the proposed R-15 zone transitions to the C -G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. The construction of the pathway shall comply with UDC 11-3A-8. 1.1.3 Graphically depict on the face of the plat, the proposed 35 -foot wide landscape buffer along Overland Road. Depict the required 10 -foot wide street buffer easements along collector and local roads in the commercial portions of the site. The easements shall be placed on the face of the final plat. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 The landscape plan prepared by The Land Group, labeled Sheets L1.00, L1.01 and L1.03, are not approved with these applications a landscape plan consistent with UDC 11-313 shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. 1.1.5 A detailed fencing plan shall be submitted consistent with UDC 11-3A. The detailed fencing plan shall show fencing along the multiuse pathways and pathway spurs consistent with UDC 11-3A- 7. All other fencing shall remain consistent with the landscape plan dated March 7, 2006. 1.1.6 The applicant shall redesign Lots 56-59 of Block 3 to provide the required frontage for flag lots or incorporate the lots into the multifamily project in Lot 60 Block 3. The second component of the redesign is to provide a pathway stub to the Ridenbaugh Canal Regional Multi -use Pathway. 1.1.7 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. 1.1.8 Construction or bonding for the multi -use pathway shall be completed prior to issuance of any certificate of occupancy for Kenai Subdivision. 1.1.9 Maintenance of all common areas shall be the responsibility of the Kenai Subdivision Business/Home Owners Association(s). 1.1.10 Any roof -mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. Kenai Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR TH EARING DATE OF 6/27/06 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Kenai Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACHD, direct lot access to Overland Road is prohibited. A note shall be placed on the final plat restricting access to Overland Road. 1.1.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-18. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.23 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.24 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.25 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, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate Kenai Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THR EARING DATE OF 6/27/06 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. 1.1.26 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. 1.1.27 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Overland Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Overland Road, E. Gala Street and E. Blue Horizon Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The water mains shown on the preliminary plat are all shown as 8 -inch, however the stub from Overland road is 10 -inch. The applicant shall be required to continue the water main as 10 -inch down S. Kenai Way and the outermost loop road around the residential portion of this development. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 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). These easements maybe dedicated via the plat or as a separate document. 2.6 Staff recommends not dedicating 5 -feet public utility, drainage and irrigation easements along the interior lot lines of the commercial lots, unless the applicant is sure that the lot lines are in their ultimate location. 2.7 Prior to signature on the final plat the applicant shall submit a copy of a recorded document that outlines maintenance of any residential private streets. 2.8 Prior to signature on the final plat dedicate an ingress/egress easement on the common driveways. 2.9 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Kenai Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR AHEARING DATE OF 6/27/06 2.11 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.14 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. 2.15 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.16 The applicant has not indicated how the storm drainage from the proposed private streets and alleys will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Kenai Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANAR DEPARTMENT STAFF REPORT FOR TAEARING DATE OF 6/27/06 2.25 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. 2.26 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. 2.27 One hundred watt and two -hundred and fifty watt high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. 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. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 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. 3.8 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 Building setbacks shall be per the International Building Code for one and two story construction. Kenai Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 3.12 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.13 The proposed 220 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 638 residents at build out. 3.14 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.15 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. 3.16 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.17 Provide a Knoxbox entry system for the complex prior to occupancy. 3.18 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.19 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.20 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.21 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. 3.22 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.23 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.24 There shall be a fire hydrant within 100' of all fire department connections. 3.25 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.26 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.27 Pool chemicals shall be stored in compliance with the International Fire Code. 3.28 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.29 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.30 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 Kenai Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Prior to release of building permits on the multifamily lots, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas in Lot 8 Block 3. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.3 If there are proposed after-hours walk-up facilities (e.g. ATM) it shall not have limited visibility from a public street. Prior to final approval, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to future facilities. 4.4 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All common areas shall also be adequately lit. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.3 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.4 Parks requests a micropath stub as detailed in the Planning Department Site Specific Conditions of approval. 5.5 Parks requests a multiuse pathway extension as detailed in the Planning Department Site Specific Conditions of Approval. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Kenai Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLAN*DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 7. ACHD Site Specific Conditions of Approval 7.1 Install the mast arms and the signal heads for the three affected legs at the intersection of the site entrance and Overland Road when the intersection meets signal warrants. Install the proper Opticom devices on the signal. The applicant's traffic engineer shall submit an analysis of the proposed development phasing to determine when the signal meets warrants. The applicant will be required to install the signal improvements at the beginning of the development phase in which the signal is projected to meet warrants. 7.1 Close the two existing curb cut driveways on Overland Road with matching vertical curb, gutter, and attached sidewalk. 7.2 Construct the main entrance road as a collector street with vertical curb, gutter, 8 -foot planter strips, and 5 -foot detached concrete sidewalks within 72 -feet of right-of-way, as proposed. Provide 21 -foot street sections on each side of the all of the proposed center islands. Install "No Parking" signs along the collector roadway, per District policy. 7.3 Construct the two stub street extensions (Blue Horizon and Gala Street) as commercial roadways with vertical curb, gutter, and 5 -foot detached sidewalks, as proposed. Provide 21 -foot street sections on each side of the all of the proposed center islands. 7.4 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct the internal local streets in the residential portion of the development as 34 -foot street sections with curb, gutter, and 5 -foot attached concrete sidewalks, as proposed. Receive written Fire Department approval for the reduced street section. 7.6 The applicant shall construct the two proposed east -west alleys to the following standards: • Dedicate a minimum of 16 -feet for all alleys. All alleys shall be paved a minimum of 16 - feet in width. • Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22 -feet for perpendicular parking. • Access to an alley shall be located a minimum of 25 -feet from the nearest public street. 7.7 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road and shall be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Kenai Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR TAEARING DATE OF 6/27/06 7.13 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. 7.14 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.15 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. 7.16 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. 7.17 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.18 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.19 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. 7.20 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa & Meridian Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank. 2) The Coleman Lateral that requires a total 30' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements. Contact SID for additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or Kenai Subdivision Exhibit C Page 8 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Kenai Subdivision Exhibit C Page 10 CITY OF MERIDIAN PLANNIN DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11 -5B -3E. Annexation/Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Council finds that the requested General Commercial (C -G) and Medium High Density Residential zoning designations are in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use - Regional". The purpose of the C -G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." While the Medium -High Density Residential provides a higher density product in relation to buffering lower density residential units to the south. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -06-019). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as two portions of commercial, and medium low density residential and upon build out Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed commercial and residential units and will be required to use the design guidelines for commercial projects along gateway corridors when designing building facades as detailed in the Annexation analysis. Council finds that the proposed C -G and R-15 zones with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for mixed uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices and residential components. Kenai Subdivision Exhibit D Page 1 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Council fords that the proposed development will not change the existing character of the area, which is largely urban. The proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not ford that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council should rely on public testimony (oral and 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 C and all City Code provisions. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Overland Road. 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. AGHP had not submi#ed a staff mpeA with site speeifie a -ad efffl;di ions whieh— prior to the hearing date of June 27, 2006. On April 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council fords 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. E. The annexation is in the best of interest of the City (UDC 11-511-3.E). If the applicant enters into a Development Agreement (DA) with the City, Council finds that the annexation and zoning of this property to C -G. and R-15 would be in the best interest of the City. Kenai Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THEARING DATE OF 6/27/06 2. Preliminary Plat Findings: UDC 11-611-6 In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit C of the Staff Report for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multi -use pathway which will further enhance the natural features of the Ridenbaugh Canal as well as providing an additional land use buffer. Kenai Subdivision Exhibit D Page 3 0 • July 14, 2006 PP 06-019 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Kenai Partners, LLC ITEM NO. 5-H REQUEST Findings for Approval -- Request for Preliminary Plat approval of 101 single family residential & multi -family residential lots w/6 common lots in R-15 zone & 32 commercial lots w/19 common lots in a C -G zone for Kenai Subdivision -- s/o Overland AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted: -- rry Date: Phone: Emailed: e5-bec m(G� Staff Initial . Matertas presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • C>Wld IDAHO In the Matter of Annexation and Zoning of 77.66 acres from RUT to R-15 (Medium High Density Residential) (31.78 acres) and C -G (General Commercial) (45.88 acres) AND Preliminary Plat approval for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. Case No(s). AZ -06-021 and PP -06-019 For the City Council Hearing Date of. June 27, 2006 (findings on July 18, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 27, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 27, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated Revised, June 27, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant shall be responsible for continuing the proposed Pathway (alone Ridenbaueh Canal on the southern property boundary to Lot 8 Block 3) along the western property boundary to the area where the proposed R-15 zone transitions to the C -G zone. The Aathwav shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 27, 2006 incorporated by reference. D. Notice of Applicable Time Limits 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 0 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 27, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 9 0 By action of the City Council at its regular meeting held on the ` day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED /AP47%� VOTED _P!� VOTED V _j&— VOTED �- - -714 ��Ow � xl� d Z,' 4 6 �/ Mayor T Weerd .� c1F %r Attest: � – 67AL William G. Berg, Jr., City tlerk Copy served upon Applicant, The Planni, so tQ,ti�lic Works Department and City II114SiY4999V Attorney. By: Clerk Dated: - 2� ' 0 (0 ' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-019 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THAARING DATE OF6/27/2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: June 27, 2006 Mayor & City Council Joe Guenther/Jenny Veatch Associate City Planner 208-884-5533 �r TA IDAHO Kenai Subdivision. All applications are for Kenai Subdivision by Kenai Partners LLC. AZ -06-021 — Annexation and Zoning of 77.66 acres from RUT to R-15 (Medium High Density Residential) (31.78 acres) and C -G (General Commercial) (45.88 acres). PP -06-019 — Preliminary plat for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kenai Partners LLC, is requesting Annexation with a Preliminary Plat to construct retail/restaurant/and office uses as well as a mixture of attached, detached and townhouse residences on approximately 77.66 acres within the Kenai Subdivision development located approximately % mile west of the intersection of Overland Road and Eagle Road/SH-55. 2. SUMMARY RECOMMENDATION Staff recommends approval of Kenai Subdivision with modifications to the proposed layout as follows: • Lots 56-59 of Block 3 shall be amended. These lots do not have road frontage and do not meet the minimum standards of the UDC. Meridian Parks Department has requested a pathway spur at this location to connect to the Ridenbaugh Canal. The bulk of these lots may be transferred to Lot 60 Block 3 with a common lot being created to provide the spur connection. • Lot 8 Block 3 contains a multi -use pathway through the addition to Kiwanis Park. The pathway should be extended along the western property boundary to the area where the proposed R-15 zone transitions to the C -G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. • A conditional use permit shall be required for all multifamily units and must comply with the standards of the UDC 11-4-3.27. • A private street application shall be required for the 42' wide private driveway in the commercial portion of the project and must comply with the standards of the UDC 11-3F. Staff therefore recommends approval with conditions of the subject applications (AZ -06-021, PP -06- 019) as detailed in the staff report dated June 27, 2006. The Meridian Planning and Zoning Commission heard the item on May 4. 2006. At the public hearing they moved to recommend a. Summary of Public Hearing: i. In favor: Becky McKay (Applicant's Representative), David Koga, Andy Erstad ii. In opposition: Ralph Ingle, Dan Curtis, Gloria Fern Kenai Subdivision AZ-06-021/PP-06-019 Page 1 CITY OF MERIDIAN PLANNINWEPARTMENT STAFF REPORT FOR THEIVARING DATE OF6/27/2006 iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. variance for setbacks on alley -loaded products; ii. clarification of south boundary elevation on auto court units c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approve I move to approve File Numbers AZ-06-021/PP-06-019 as presented in Staff Report for the hearing date of June 27, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ-06-021/PP-06-019 as presented in the Staff Report for the hearing date of June 27, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-021/PP-06-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: W1/2 of the NE 1/4 Township 3N, Range 1 E, Section 20 b. Owners Kenai Partners LLC 6223 N. Discovery Way Boise Id 83713 c. Applicant: Kenai Partners LLC 6223 N. Discovery Way Boise Id 83713 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT- Ada County f. Present Comprehensive Plan Designation: Mixed Use -Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit Al (prepared by Engineering Solutions) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions and building elevations. Kenai Subdivision AZ-06-021/PP-06-019 Page 2 CITY OF MERIDIAN PLANNISDEPARTMENT STAFF REPORT FOR TAARING DATE OF6/27/2006 h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant/ Office/Drive through and other Commercial uses oriented around automobile traffic, the central portions of the site are designed around transitional uses of office sites into a mix of single-family detached units and multi -family residential units. The applicant notes that the site is an ideal location for a retail/residential complex and will provide the additional landscaping along drive aisles, a park site, and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning (including rezones) as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. C. Newspaper notifications published on: Council - December 19 and January 2, 2005 (for P & Z Commission hearing) and June 5 and June 19, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: Council - December 19, 2005 (for P & Z Commission hearing) and June 2, 2006 (for City Council hearing). e. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and June 17, 2006 (for City Council hearing). 5. LAND USE a. Existing Land Use(s): Bare land, existing single family residence with out buildings. b. Description of Character of Surrounding Area: lot residential, highway -oriented services, rapidly urbanizing commercial/office projects, high school. c. Adjacent Land Use and Zoning 1. North: Undeveloped commercial, C -G 2. West: Mountain View High School R-4, Office Park L -O 3. South: Thousand Springs Subdivision, R-4 4. East: Developing Commercial/Retail (El -Dorado Business Campus), C -G d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is a sewer main stubbed to this property from Overland Road. Location of water: There is a water main stubbed to this property from Overland Road, E. Gala Stree, and E. Blue Horizon Drive. Issues or concerns: None 2. Vegetation: Agricultural/Irrigated Kenai Subdivision AZ-06-021/PP-06-019 Page 3 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THEIVARING DATE OF6/27/2006 3. Flood plain: N/A 4. Canals/Ditches Irrigation: Several unnamed ditches cross the property. 5. Hazards: None identified 6. Size of Property: 77.66 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Overland Road. Attached townhouse and single family residential, front accessed (shared driveway) and alley accessed residential products. f. Subdivision Plat Information The submitted plat includes an R-15 proposed zone with 64 single-family residential lots which are to share common driveways and are in the 4,122 to 6,868 square -foot range. The 28 alley accessed homes are located in Blocks 6 and 8 and are in the 3,440 to 4,300 square foot range. These lots are designed to meet the minimum standards of the R-15 district with common lot lines (zero lot line setbacks). The submitted plat also includes nine lots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse/apartment design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has not included a conditional use permit request for the multifamily units. The submitted plat also contains 32 lots in a C -G proposed zone with commercial/office uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Overland Road is designated as "Entryway Corridor" to the edge of the site. The overall site is not required to provide entryway corridor landscaping. As such, the UDC (Table 11-2B-3) requires a 25 -foot wide street buffer adjacent to arterial roadways. The landscape plan (Sheet Ll. 1) proposes a 35 -foot wide buffer along Overland Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25 -foot wide buffer between commercial uses on C -G -zoned land and residential uses. The properties to the west are zoned R-4 (Meridian Joint School District), properties to the east are zoned C -G, and the properties to the south are zoned R-4 and have existing residential separated by the Ridenbaugh Canal and future regional multiuse pathway. Lots adjacent to the site on the west and south as shown on the landscape/site plan include greater than the 25' standards and no additional landscaping shall be required if the landscape plan is installed as proposed. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along internal roads should be constructed in accordance with UDC Chapter 3, Article B. Kenai Subdivision AZ-06-021/PP-06-019 Page 4 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THARING DATE OF6/27/2006 h. Planned Development Characteristics — N/A i. Conditional Use Information (The applicant has not applied for a conditional use for multi- family at this time. However, it is part of their concept plan. The following information is provided as a guide for future application of the conditional use): 1. Non-residential square footage: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C -G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.627 acres, 11.4% (residential only) 5. Percentage of site devoted to paving: 10.677 acres (right of way, entire site) 6. Percentage of site devoted to other uses: 2.035 acre park 7. Number of Residential units: 128 multifamily j. Amenities — The applicant is providing a clubhouse in either Lot 1 or Lot 3 Block 4, recreational facilities in the public park and additional open space for the residential amenities (BBQ pit, Benches, picnic areas). The applicant is also proposing to install the multiuse pathway along the Ridenbaugh Canal as well as pathway spurs into the site. k. Off -Street Parking (residential uses) —provided within the R-15, to meet the multi -family standards set forth in UDC 11-4-3.27 and to be determined by future CUP. 1. Proposed and Required Residential Standards R-15 bulk standards apply as found in UDC 11- 2A. R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 10(flag lots) Lot Size 3,440 2,400 Maximum building height 40 40 m. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The total number of parking spaces has not been calculated. This may be addressed during detailed CUP review and building design review but the lot sizes should be sufficient to meet the minimum standards of the UDC parking requirements if appropriately designed. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new public access point to Overland Road/SH55 to serve the Kenai project at approximately 593 feet west of the eastern most property line. Kenai Subdivision AZ-06-021/PP-06-019 Page 5 CITY OF MERIDIAN PLANNIP DEPARTMENT STAFF REPORT FOR THREARING DATE OF6/27/2006 This project will connect with the El Dorado Subdivision, at a public street (Blue Horizon) connecting to Eagle Road and at Gala Street to Valencia Plaza Subdivison. The internal road, S. Kenai Way will serve as a collector road for the site, the applicant has proposed appropriate widths and landscaping for S. Kenai Way. In addition, the applicant is requesting two new access points to Overland Road at the following locations: ■ Driveway #1 — 306 feet west of eastern property line (right-in/right-out) ■ Driveway #2 — 317 feet east of western property line (right-in/right-out) Overland Road, from Eagle Road to Locust Grove Road, including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes to the interstate. For a detailed report on ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On April 14, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, Meridian Parks Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. The Comprehensive plan also shows a Regional Multiuse pathway at this location to connect to Overland Road and also along the Ridenbaugh Canal. The southeastern most comer of the site is designated Public/Quasi public and provides for a park site with a school connection. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- The anner.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. Kenai Subdivision AZ-06-021/PP-06-019 Page 6 CITY OF MERIDIAN PLANNIIREPARTMENT STAFF REPORT FOR THEOARING DATE OF6/27/2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for MU -R on the Comprehensive Plan Future Land Use Map. The designs of the products meet the overall goals of the Mixed use Regional designation. The applicant has shown a mix of residential products, with an office and retail component to their design. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Overland Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from the public streets and shows micropaths and sidewalks which will provide future connection to residential areas south and west of the site along Overland Road. Staff believes that the commercial areas proposed complement the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Overland Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The AChD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with AChD's standards. Please see the -4 CBD staff report and Exhibit B for the conditions from AChD. Kenai Way provides a collector system to the arterial roadway for the internal circulation of residents. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. South of the site is developed with residential uses, east of the site are proposed commercial developments also tied in with this project by a collector roadway and west of the site is the Mountain View High School. These uses are expected to continue as per the Comprehensive Plan Future Land Use Map as the proposal is the last phase of development between Eagle and Locust Grove Road pm the south side of Overland. The project provides a transition from the intense commercial uses along Eagle and Overland Roads into a mix of residential densities from the C -G District to the R-15 District. The applicants have included residential to residential use buffers along the north and west boundaries by providing a park corridor and pathway connections. Kenai Subdivision AZ-06-021/PP-06-019 Page 7 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR TAARING DATE OF6/27/2006 • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By ordinance, a minimum 25 foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ■ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with 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). ■ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ■ "Restrict curb cuts and access points on ... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C -G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail and Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D d. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists multifamily development uses as conditional uses in the R-15 zoning district. Kenai Subdivision AZ-06-021/PP-06-019 Page 8 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THIEARING DATE OF6/27/2006 e. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. f. Architectural Character -Multifamily Development (11-4-3.27.E): All structures in Multifamily Development are subject to the design standards listed in this section. The overall elevation shall be reviewed by staff and shall be approved prior to issuance of a Certificate of Zoning Compliance. g. Landscaping (11-4-3.27.F) Additional landscaping standards for street facing elevations apply to this site. h. 11-4-3.27.G All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. i. General Off -Street Parking Standards (from UDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) syace for every five hundred (500) square feet of gross floor area. j. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to the site plan, building elevations, and amenities. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ -06-021) Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 3/7/06 by D. Terry Peugh, 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 when services are available from the City of Meridian. Wells may be 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 Kenai Subdivision AZ-06-021/PP-06-019 Page 9 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THARING DATE OF6/27/2006 operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 11 -5B -3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the complexity of the project. mix of uses public dedications and proximity of existing and future residential uses the multi -family component), staff believes that a Development Agreement is necessary to ensure that this property is develo ep d in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby pLo erties Staff believes that the Development Agreement should include the following provisions: • Phasing Plan_ Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Overland Road including the park site with V2 the residential products and then continue development to the south and east. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road. • Non -Residential Buildings: The applicant has not requested a maximum square footage of retail/restaurant/office spaces. Staff does not propose to limit the applicant to allow greater flexibility for more marketable conditions. The maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40' in height. These standards are to mitigate anticipated concern from adjoining residential uses. • Residential Buildings: The applicant has shown several elevations for both alley accessed residential, townhouses, and detached single family residential products. Staff supports these elevations but would also support better clarification of the specific height, bulk, types of materials, and locations proposed for each type to address the concerns of adjoining property owners and to include within the DA. • Pathways: The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C -G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai WAY and continue internally through the site to connect with E. Overland Road. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. Park: The applicant shall also coordinate with the Meridan Parks Department the transfer by dedication of the 2.035 acre addition to the Kiwanis Park. The applicant shall also be responsible for all costs of dedication, construction, Kenai Subdivision AZ-06-021/PP-06-019 Page 10 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THEQARING DATE OF6/27/2006 landscaping and pathway construction as agreed upon. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of 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. PP Application (PP -06-019): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5 -foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with an 8 -foot wide landscape strip as shown on the collector road cutouts. The proposed landscape strips include trees and grasses. The applicant is proposing to plant trees between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. The second commercial collector design would incorporate median strips with trees planted in the center of the road. The width of the planter strip between the sidewalk and the curb shall be a minimum of 8 -feet wide and include Class II trees. Since the applicant has submitted a plan which details these items staff would support the sidewalk designs as shown on the landscape plan. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25 -foot wide landscape buffer is required between single-family homes and C -G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a transition area between the single-family homes and the detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan. The applicant should be required to create an appropriate landscape buffer along the lots that transition from commercial to multifamily. The single-family lots would then not need a land use buffer from the multifamily lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. The nature of the land use buffer shall be reviewed when the applicant proposes to develop the multifamily lots through conditional approval. The western and southern boundaries are proposed to be buffered by the park and pathways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B-12 which will meet the buffer requirements. See Exhibit B below. Landscape Street Buffers: Arterials: UDC 11-2B requires a 25 -foot wide street buffer along classified arterial roadways. Overland Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Overland Road. The applicant should be required to depict the Kenai Subdivision AZ-06-021/PP-06-019 Page 11 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THEIVARING DATE OF6/27/2006 required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B requires a 10 -foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct an 8 -foot wide street buffer along both sides of Gala Street, Blue Horizon Drive and Kenai Way. The internal lots shall be required to provide the additional landscape buffer to the proposed sidewalks. The applicant shall revise the design to include the street buffer easements on the plat. The applicant should be required to depict the required 10 -foot wide street buffer easements along collector and local roads on the face of the final plat. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site with the exception of the Ridenbaugh Canal. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Fencing: The applicant is not showing a fence along the perimeter of the property which would meet the standards of the UDC. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Cross -access Internal: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross -access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. The Meridian Fire Department and Planning Department require that private streets as proposed must obtain Private Street approval as per UDC 11-317. The purpose of the commercial private streets is to provide addressing for emergency services to these internal lots. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Elevations: Neighboring properties have expressed concerns with prior projects and in relation to higher density residential (R-15) proposals in the general neighborhood. To mitigate the anticipated concerns staff recommends that design review standards apply to the site; the applicant's commercial products shall be subject to design review if the proposed buildings meet either of the following criteria: Kenai Subdivision AZ-06-021/PP-06-019 Page 12 CITY OF MERIDIAN PLANNINWEPARTMENT STAFF REPORT FOR THAARING DATE OF6/27/2006 • The total square footage of the building is greater than 60,000 square feet; or • The building height is greater than 40 feet. The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fagade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. c) Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth - faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service areas in the C -G sites will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. Multi -Use Pathway: The applicant is not showing, but will be required to install, a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Ridenbaugh Canal in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 50' easement upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. The applicant shall be responsible for continuing the pathway along the western property boundary to the area where the Proposed R-15 zone transitions to the C -G zone The pathway shall then connect to the Proposed detached sidewalks along S Kenai Way and continue internally through the site to connect with E. Overland Road. Staff will require the applicant to construct or bond for improvements to the multi -use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from the Ridenbaugh Canal pathway to the Locust Grove Overpass which will be the essential North/South transition point for pathway interconnectivity in the City of Meridian. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing Thousand Springs Kenai Subdivision AZ-06-021/PP-06-019 Page 13 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THIARING DATE OF6/27/2006 Subdivision which is north of the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic area in Lot 1 Block 7 11 -3G -3C-2 — Recreation amenities — Public Park with Multiuse Pathways, Open Space 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Ridenbaugh Canal. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Kenai (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP applications substantially conform with the Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend that lots 56-59 of Block 3 be redesigned with a pathway stub, building elevations be submitted in compliance within the required design standards, conditional approval be reviewed for the multifamily products, and a private street section for cross access between Gala Street and Kenai Way be submitted. On May 4, 2006 the Planning and Zoning Commission voted to recommend approval of the subject application with the conditions listed in Exhibit B of the Staff ftort. On June 27, 2006 City Council approved the subject =Hcationc 10. EXHIBITS A. Drawings 1. Preliminary Plat (dated Mafek 10 Revised June 27, 2006 prepared by Engineering Solutions. 2. Landscape Plan (dated March 7 2006) prepared by The Land Group. 3. Elevations/Pictures B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD 8. Central District Health Department 9. Nampa & Meridian Irrigation District D. Required Findings from UDC — 1. Annexation 2. Preliminary Plat Kenai Subdivision AZ-06-021/PP-06-019 Page 14 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THWARING DATE OF6/27/2006 Exhibit Al: Preliminary Plat dated Mar -eh 10 Revised June 27, 2006 Kenai Subdivision Exhibit A Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR TAARING DATE OF6/27/2006 1 • � II� � a D--�-3� UNAI S=ffMON 11 EN6NEEN/NS 11 PIANNH COWAC inniUMR ow m0fFIE annIVM-Waor �• wna�ce.� `�" ... uo_dm� �e ° e� 71�"_T" �� � ®gym re �ii.m m Kenai Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR TAARING DATE OF6/27/2006 Exhibit A2: Landscape Plan L1.0 (The Land Group) Dated March 7, 2006 16 Kenai Subdivision Exhibit A Page 3 `y R E �jr °Yr �SQ ; ,fi 3tit S'.r,9t$ ti'f� �t cI4- i'! 1 �,� 14 S t s tri S i 3!, -✓-F�'j f4 ft , r �.r i v r ra 4s s3 r.Y: 16 Kenai Subdivision Exhibit A Page 3 `y R E �jr °Yr �SQ ; • s C IT Y OF M E R ID IA N PLA N N IN G DEPARTMENT STA I I@ I" Iv 1 11 ! 1 I 13 1 I@ 1 1 e le 1 1 It 1 IA I 1 I@ I 1 It 1 1 1' 1 el 1 Ie 1 1 a m„ 1 If 1 - -- �� It 1Mr-MMEMMMMOWAVAITI. .o®=mow■ 1.1 . i t 1 s 111E II I Y a gme 1 Imal t 1 ' T1 .. f tl ani -rrl 11 1 11 -^ 1 1 wj T 1 1 1 1 1 II a is I ad I ! 11 II 1 IIH I o Fe i 11 I' Q 111 I we 1 I11 D I Vt4 i I11 1 ION ICS I I @ 1 1 1 1 1 rA It 1 e\'1. 1\JID4 I : 11 ! til Illi s9 I 1 H1'® ee1mn 1 01 9 of 1 19 Io® a I alma 1 Nei ' 1 11 Ictal / lel _ I I I 111:11 11IUWJ 1 Irl 1 ails m amb 11 IN Iola la 111m T3 11 A ill I N kill 11 Iow 7' !1 Q s . 1 1 ' 1 a 1111 11 1 lam! 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Kenai Subdivision Exhibit A Page 8 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR TH*ARING DATE OF 6/27/06 Exhibit B: Legal Description - Annexation March 6, 2006 Kenai Subdivision Proposed Annexation A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.1 R, B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner of said Section 20, the REAL, POINT OF BEGINNING, from which the Northeast comer ofsaid section bears North 8946'02" East, 2656.88 feet; Thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly houndary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the extension thereof South 01'42'39" West, 2649.87 feet to the Southwest corner ofsaid subdivision lying on the North boundary of Thousand Springs Subdivision No. 5, as same is recorded in Book 79 of Plats at Page 8535, records of Ada County, Idaho; Thence along said North boundary South 89054'13*' West, 1247.79 feet to the Center ofsaid Section 20; Thence along said North-South mid-section line and the East boundary of Resolution Subdivision No. 1, Valencia Plaza Subdivision and Riverbireh Courtyard Condominiums, as same is recorded in Book 82 of Plats at Page 9041, Book 9I ot'Plats at Page 10764 and Book 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00024'04" East, 2645.54 feet to the Point of Beginning. Containing 77.66 acres, more or less. �•�, 41 � ', ;i Nil S t ngli3o ? I l 1'-'111 e-ans due Kenai Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THOEARING DATE OF 6/27/06 ersIS OF BEAR1NGs / — — — _ N 89'46�D2"E- 20 /1/4 _ 1��'02'E 1308.39' _ _ 221 29 E bUERIW ROAD R P.O.B.- ANNEMATKM 29128 RP -0-8- CG ZONE ' � N C -G Lo �j to �ev � N N W1 � �. S 38Y19'18"W r� oN 8935'56"w „OL3.14'` 17.42' a fn ZI Ct R.PA.B,- R-15 ZONE ( N 89'35'56"W r 195.60' r n 1 t R-15 �r �r �^ o t r ' r APP�tOVd1,� F EtY.R jg/4 S89'54'13 W 1247.79- SCALE 247, 9 — — SCALE 1 "=400' CWOIATE 03/10/06 PROJ. MD. 51115 SHEET PROPOSED KENAI SUBDIVISIONOLUTIONS.,LOCATED 1 OF 1 51' 15-Auy mr. Kenai Subdivision Exhibit B Page 2 S�ITIIE OATAOATA ? U BL IC: CURVE RADIUS DELTA ARC - ` SEP;. CkORD � BEARING C1 75 -OD W45'14' 46.80 46.05 N 71'43'19' W ANNEXATION AND REZONE tfGANVEMING PROPOSED KENAI SUBDIVISIONOLUTIONS.,LOCATED IN THE W 1/2 OF THE NE 1/4AIKENS 20, T.3N., R.1E.B.M. STREET, SUITE 8SECTION LE. IDAHO ADA COUNTY, IQq}{p 63616MER;QIAV, 93a -DOW Fox (2081 9�8-0941 CITY OF MERIDIAN PLANNII&EPARTMENT STAFF REPORT FOR THOARING DATE OF 6/27/06 Exhibit B: Legal Description — C -G (General Commercial) March 6, 2006 Kenai Subdivision Proposed C -G Zone A parcel of land located in the West 1/2 of the NE 1./4 of Section 20, f.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner of said Section 20, the REAL, POINT OF BEGINNING, from which the Northeast corner of said section bears North 89046'02" East, 2656.88 feet; Thence along the nortb line of said Section 20 North 89°46'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the extension thereof South 01°42'39" West, 1556.20 feet: Thence North 89°35'56" West, 195.60 feet; Thence South 36009'181, West, 17.42 feet to a point on a curve; Thence 46.80 feet along the arc of a non-tarigent curve to the lcfl, said curve having a radius of 75.00 feet, a delta angle of 35'45'14", and a long chord bearing North 71043'19" West, 46.05 feet; Thence North 8995'56" West, 1023.14 feet to a point on the North-South mid- section line of said Section 20 and the East boundary of Resolution Subdivision No. i, as same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho; Thence along said North-South mid-section line and the East boundary of said Resolution Subdivision No. 1, and of Valencia Placa Subdivision and Riverbirch Courtyard Condominiums, as same is recorded in Book 91 of Plats at Page 10764 and Rook 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00°24'04" hast, 1541.32 feet to the Point of Beginning. Containing 45.88 acres, more or less. Kenai Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THOARING DATE OF 6/27/06 Exhibit B: Legal Description — R-15 (Medium High Density Residential) -N4arch 6, 2006 Kenai Subdivision Proposed R-15 Zone A parcel of land located in the West 1/2 of the NE 1!4 of Section 20, T.3 N., the North 1!4 comer of t E., B.M., Ada comer ofCounty, Idaho, more particularly described as lbllows: Commencing at said Section 20, from which the Northeast corner of said section bears North 89046'02" East, 2656.88 feet; thence along the north line of said Section 20 North 89046'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Rook 86 of Plats at Page 9783, records of Ada County, Idaho; thence along the West boundary of said subdivision and the extension thereof South 01 042'39" West, 1556.20 feet to the REAL POINT OF BEGINNING, Thence continuing South 01'42'39" West; 1093.67 feet to the Southwest corner of said subdivision Iying on the North boundary of Thousand Springs Subdivision No. 5, as same is recorded in Book 79 of Plats at Page 8535, records of Ada County, Idaho; Thence along said North boundary South 89°54' 13" West, 1247.79 feet to the Center of said Section 20; Thence along the North-South mid-section line of said Section 20 and the East boundary of Resolution Subdivision No. 1, as same is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho, North 00024'04" East, 1104.23 feet; Thence South 89035'56" East, 1023.14 feet to a point of curvature: Thence 46.80 feet along the arc of a curve to the right, said curve having a radius of 75.00 feet, a delta angle of 35045-14-, and a long chord hearing South 71'43' 19" East, 46.05 feet; Thence North 36309'18" East, 17.42 feet; Thence South 89°35'56" East, 195.60 feet to the Point of Beginning. Containing 31.78 acres, more or less. 51115 -1 1115-r 15.dc, Kenai Subdivision Exhibit B Page 4 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE7IEARING DATE OF 6/27/06 C. Conditions of Approval 1. Planning Department At the June 27, 2006 City Council hearing, the Council required the applicant to enter into a Development Agreement with the City. See Section 9a of the Staff Report for the DA provisions SITE SPECIFIC REQUIREMENTS— (Kenai Subdivision) 1.1.1 The preliminary plat labeled as PRE prepared by Engineering Solutions, Dated 3AW06 Revised 6/27/2006 approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-021) shall also be considered conditions of the Preliminary Plat. 1.1.2 Create a pathway connection from Lot 8 Block 3 to Overland Road. A multi -use pathway shall be located as depicted on the Future Land Use Map. The pathway may be contained in a common lot or a permanent platted easement. The applicant shall be responsible for continuing the pathway along the western property boundary to the area where the Proposed R-15 zone transitions to the C -G zone. The pathway shall then connect to the Proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E. Overland Road. The construction of the pathway shall comply with UDC 11-3A-8. 1.1.3 Graphically depict on the face of the plat, the proposed 35 -foot wide landscape buffer along Overland Road. Depict the required 10 -foot wide street buffer easements along collector and local roads in the commercial portions of the site. The easements shall be placed on the face of the final plat. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 The landscape plan prepared by The Land Group, labeled Sheets L1.00, L1.01 and L1.03, are not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. 1.1.5 A detailed fencing plan shall be submitted consistent with UDC 11-3A. The detailed fencing plan shall show fencing along the multiuse pathways and pathway spurs consistent with UDC 11-3A- 7. All other fencing shall remain consistent with the landscape plan dated March 7, 2006. 1.1.6 The applicant shall redesign Lots 56-59 of Block 3 to provide the required frontage for flag lots or incorporate the lots into the multifamily project in Lot 60 Block 3. The second component of the redesign is to provide a pathway stub to the Ridenbaugh Canal Regional Multi -use Pathway. 1.1.7 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. 1.1.8 Construction or bonding for the multi -use pathway shall be completed prior to issuance of any certificate of occupancy for Kenai Subdivision. 1.1.9 Maintenance of all common areas shall be the responsibility of the Kenai Subdivision Business/Home Owners Association(s). 1.1.10 Any roof -mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. Kenai Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THEIRARING DATE OF 6/27/06 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Kenai Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACHD, direct lot access to Overland Road is prohibited. A note shall be placed on the final plat restricting access to Overland Road. 1.1.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 1.1.19 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. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-18. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.23 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.24 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.25 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, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate Kenai Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THERARING DATE OF 6/27/06 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. 1.1.26 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. 1.1.27 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Overland Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Overland Road, E. Gala Street and E. Blue Horizon Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The water mains shown on the preliminary plat are all shown as 8 -inch, however the stub from Overland road is 10 -inch. The applicant shall be required to continue the water main as 10 -inch down S. Kenai Way and the outermost loop road around the residential portion of this development. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 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). These easements maybe dedicated via the plat or as a separate document. 2.6 Staff recommends not dedicating 5 -feet public utility, drainage and irrigation easements along the interior lot lines of the commercial lots, unless the applicant is sure that the lot lines are in their ultimate location. 2.7 Prior to signature on the final plat the applicant shall submit a copy of a recorded document that outlines maintenance of any residential private streets. 2.8 Prior to signature on the final plat dedicate an ingress/egress easement on the common driveways. 2.9 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Kenai Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANNIRDEPARTMENT STAFF REPORT FOR THREARING DATE OF 6/27/06 2.11 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.15 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.16 The applicant has not indicated how the storm drainage from the proposed private streets and alleys will be disposed of. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Kenai Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THREARING DATE OF 6/27/06 2.25 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. 2.26 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. 2.27 One hundred watt and two -hundred and fifty watt high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. 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. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 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. 3.8 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 Building setbacks shall be per the International Building Code for one and two story construction. Kenai Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THEVARING DATE OF 6/27/06 3.12 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.13 The proposed 2204ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 638 residents at build out. 3.14 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.15 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. 3.16 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.17 Provide a Knoxbox entry system for the complex prior to occupancy. 3.18 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.19 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.20 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.21 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. 3.22 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.23 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.24 There shall be a fire hydrant within 100' of all fire department connections. 3.25 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.26 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.27 Pool chemicals shall be stored in compliance with the International Fire Code. 3.28 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.29 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 &) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 &) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.30 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 Kenai Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THREARING DATE OF 6/27/06 throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Prior to release of building permits on the multifamily lots, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas in Lot 8 Block 3. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.3 If there are proposed after-hours walk-up facilities (e.g. ATM) it shall not have limited visibility from a public street. Prior to final approval, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to future facilities. 4.4 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All common areas shall also be adequately lit. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.3 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.4 Parks requests a micropath stub as detailed in the Planning Department Site Specific Conditions of approval. 5.5 Parks requests a multiuse pathway extension as detailed in the Planning Department Site Specific Conditions of Approval. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Kenai Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THAARING DATE OF 6/27/06 7. ACRD Site Specific Conditions of Approval 7.1 Install the mast arms and the signal heads for the three affected legs at the intersection of the site entrance and Overland Road when the intersection meets signal warrants. Install the proper Opticom devices on the signal. The applicant's traffic engineer shall submit an analysis of the proposed development phasing to determine when the signal meets warrants. The applicant will be required to install the signal improvements at the beginning of the development phase in which the signal is projected to meet warrants. 7.1 Close the two existing curb cut driveways on Overland Road with matching vertical curb, gutter, and attached sidewalk. 7.2 Construct the main entrance road as a collector street with vertical curb, gutter, 8 -foot planter strips, and 5 -foot detached concrete sidewalks within 72 -feet of right-of-way, as proposed. Provide 21 -foot street sections on each side of the all of the proposed center islands. Install "No Parking" signs along the collector roadway, per District policy. 7.3 Construct the two stub street extensions (Blue Horizon and Gala Street) as commercial roadways with vertical curb, gutter, and 5 -foot detached sidewalks, as proposed. Provide 21 -foot street sections on each side of the all of the proposed center islands. 7.4 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the inial plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct the internal local streets in the residential portion of the development as 34 -foot street sections with curb, gutter, and 5 -foot attached concrete sidewalks, as proposed. Receive written Fire Department approval for the reduced street section. 7.6 The applicant shall construct the two proposed east -west alleys to the following standards: • Dedicate a minimum of 16 -feet for all alleys. All alleys shall be paved a minimum of 16 - feet in width. • Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22 -feet for perpendicular parking. • Access to an alley shall be located a minimum of 25 -feet from the nearest public street. 7.7 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road and shall be noted on the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Kenai Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THEPARING DATE OF 6/27/06 7.13 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. 7.14 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.15 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. 7.16 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. 7.17 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.18 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. 7.19 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. 7.20 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa & Meridian Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank. 2) The Coleman Lateral that requires a total 30' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements. Contact SID for additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or Kenai Subdivision Exhibit C Page 8 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Kenai Subdivision Exhibit C Page 10 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 Exhibit D. Required Findings from Zoning Ordinance UDC 11 -5B -3E. Annexation/Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. Council finds that the requested General Commercial (C -G) and Medium High Density Residential zoning designations are in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use - Regional". The purpose of the C -G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." While the Medium -High Density Residential provides a higher density product in relation to buffering lower density residential units to the south. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP -06-019). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C -G zone. The site is being proposed as two portions of commercial, and medium low density residential and upon build out Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed commercial and residential units and will be required to use the design guidelines for commercial projects along gateway corridors when designing building facades as detailed in the Annexation analysis. Council finds that the proposed C -G and R-15 zones with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for mixed uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices and residential components. Kenai Subdivision Exhibit D Page 1 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE FIEARING DATE OF 6/27/06 Council finds that the R-15 zoning designation along a C -G General Commercial will be an appropriate use buffer. Council finds that the proposed development will not change the existing character of the area, which is largely urban. 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. The Commission and Council should rely on public testimony (oral and 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 C and all City Code provisions. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Overland Road. 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. Y prior to the hearing date of June 27, 2006. On April 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11-513-3.E). ff the applicant enters into a Development Agreement (DA) with the City. Council finds that the annexation and zoning of this property to C -G. and R-15 would be in the best interest of the City. Kenai Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE EARING DATE OF 6/27/06 2. Preliminary Plat Findings: UDC 11-611-6 In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit C of the Staff Report for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multi -use pathway which will further enhance the natural features of the Ridenbaugh Canal as well as providing an additional land use buffer. Kenai Subdivision Exhibit D Page 3 • July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 • VAC 06-006 APPLICANT Monterey, LLC ITEM NO. 5-1 REQUEST Resolution -- Rquest for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lots line common to Lots 46 and 47, Block 49, Locsha Falls Sub No. 12 for Hastings -- 2300 West Everest Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Resolution 0 6 , 4 5v3 OTHER: Contacted: Date:1-11-01D Phone: Emailed: Staff Initials: Materials present d at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER alD NAVARRO AMOUNT .00 BOISE IDAHO 07131/06 02:47M DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED -REQUEST OF 1 13 Meridian City Public Works CITY OF MERIDIAN RESOLUTION NO. D�— 5Z3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE EASEMENT ON BOTH SIDES OF THE LOT LINE COMMON TO LOT 46 AND 47, BLOCK 49 OF LOCHSA FALLS SUBDIVISION NO. 12, AS SHOWN IN BOOK 92, PAGE 10958 RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE NW 1/ OF THE NE % OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 5, 2006 the City Council of the City of Meridian, held a hearing on the vacation of public utilities, irrigation, and lot drainage easements on both sides of the lot line common to Lots 46 and 47, Block 49 of Lochsa Falls Subdivision No. 12, as shown in Book 92 of plats on page 10958, Records of Ada County, Idaho and lying in the Northwest 1/ of the Northeast 1/ of Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the public utilities, irrigation, and lot drainage easements on both sides of the lot line common to Lots 46 and 47, Block 49 of Lochsa Falls Subdivision No. 12, as shown in Book 92 of plats on page 10958, Records of Ada County, Idaho and lying in the Northwest '/ of the Northeast I/ of Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". VACATION OF PUBLIC UTILITIES, IRRIGATION, AND LOT DRAINAGE EASEMENTS IN LOCHSA FALLS SUBDIVISION, NO. 12 (HASTINGS) Page 1 of 2 0 • Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of &GLerq , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / "—day of � � , 2006. °F IY de WEERD ATTEST: r �J s WILLIAM G. BERG, fit., CITY VL STATE OF IDAHO,) ) ss County of Ada On this IT" day of -Ju i y , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,*wages •. iL SE)% e`11 NOTARY PUBLIC FOR IDAHO RESIDING AT: CQI d l del 1, ID MY COMMISSION EXPIRES: 0-11-1 l •.mass.. VACATION OF PUBLIC UTILITIES, IRRIGATION, AND LOT DRAINAGE EASEMENTS IN LOCHSA FALLS SUBDIVISION, NO. 12 (HASTINGS) Page 2 of 2 • Easement to be Vacated • L0GHSA FALLS SUBDIVISION NO. 12 LOTS 46 & 47, BLOCK 49 PUBLIC UTILITIES EASEMENT VACATION SCALE. 1" s 100' S 89'38'0' E 220.00 S 89' 8'2Qr L220.00' ~~^ BLOIX 49 s' VADCu li �Ig = I o 4J 47 46 I� o N 89'38'20" W 220.00 N -69 38105" W 220.00' W. EVEREST LANE (PMVATE ROAD) • July 14, 2006 VAC 06-009 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT DMHR Development, LLC ITEM NO. 5-1 REQUEST Resolution -- Request for a Vacation of a 10 foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 -- west of Nola Road north of East Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 6 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: ccr-u sML+h Date: Phone: Emailed: neay-C'refic zg&Q01.com Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: ADA COUNTY RECORDER J. DAV&ARRO AMOUNT .00 : BOISE IDAHO 07131/06 02:44 PM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Meridian City Public Works 106122367 RESOLUTION NO. ® 6 � 15-2-'f- BIRD, 5-ZT BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING AN IRRIGATION EASEMENT ALONG THE WEST BOUNDARY OF LOT 2, BLOCK 7 OF GEMTONE CENTER SUBDIVISION NO. S, AS SHOWN IN RECORDERS BOOK 90, PAGE 10575 RECORDS OF ADA COUNTY, IDAHO AND LYING IN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 5, 2006 the City Council of the City of Meridian, held a hearing on the vacation of an irrigation easement along the west boundary of Lot 2, Block 7 of Gemtone Center Subdivision No. 5, as shown in Book 90 of plats on page 10575, Records of Ada County, Idaho and lying in Section 8, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of an irrigation easement along the west boundary of Lot 2, Block 7 of Gemtone Center Subdivision No. 5, as shown in Book 90 of plats on page 10575, Records of Ada County, Idaho and lying in Section 8, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF IRRIGATION EASEMENT IN GEMTONE CENTER SUB NO.5 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I S f� day of �Gc-eyJ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this L day of 11-Tyl , 2006. de WEERD Oz ATTEST: ' 9LL WILLIAM G. BERG, JR., CITY --CL 4 •b �y4 STATE OF IDAHO, ) ss County of Ada ) On this 19-1�' day of SL1_[ u , 2006, before me, the undersigned, a Notary Public in and for said Stafe, 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. TARY PUBLIC FOR IDAHO RESIDING AT: I l A I,Lrl I. I () MY COMMISSION EXPIRES: I C -1 1-11 VACATION OF IRRIGATION EASEMENT IN GEMTONE CENTER SUB NO.5 Page 2 of 2 — Recorded Plat Depicting Irrigation Easement for Lot 2, Block 7, of Gemstone Center No. 5 OIG[ OIAI p 1 .} i QCYTp4E C[NT1FJ1 No. 3 1 OMMA&&~ 1 �, Jt�vs S•p,y [ gI{I��Oe4pNq C3 �a�a / $ �I {per C. CS anlltl YNPLATT= i l two 2 3 8 4 5 �Iil~ r' si • i 6LO % CO11lR 1/4 C0111FR �6---L�5:1 § --'� �s ooasayllr 1 ------------ - N.—ii61.00K g��' _–__--- - ---zo '°1M� Mw�ewa�'-- ,I ki�ji 1 bb I a411� WNP%ATTM i 1 t I W111 I, , ,II ' 1 ---------------jO ----------- 1 1 &WAUM[ 1` 1 I '3 1 c owMeRCl-+L *TRM 1 Ic 1N�8:RIAt. II , D��'B PATCH PARK I 1 ~ WjMv 910N t 1 , 6. CpyM47ldAL iTReET t , 11 -------------- /BLOCK DAItO4'a PATCH ' 1 2 'lr 1�j 1 rn 1 4 ' u I� srq� CO IM � it U.►.R.R. TRACXM • July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Sea 2 Sea, LLC AZ 06-005 ITEM NO. 5-K REQUEST Development Agreement -- Request for Annexation and Zoning of 58.65 acres from RR to R-4 (32.86 acres), TN -C (14, 54 acres) and C -C (1 1.16 acres) for Knight Sky Estates Subdivision -- northwest corner of Chinden Boulevard & Linder 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 Development Agreement OTHER: Contacted: `>nQ Yl Date: Phone: IW- Emailed: W-Emailed: -51—a Lo--%G� � CLI -16 ema ll .}t Staff Initials:4� Materials presented at public meetings shall become property of the City of Meridian. 0 /10' CITY OF C>W�Y1G�1.�Y11 IDAHO �e SFR Jd" TRH; URE V!SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird —1 tE' Ue% E I V Ej'w - )4r & JUL 0 5 2006 CITY OF MERIDIAN CITY CLERK pFF1CF Joseph W. Borton June 22, 2006 Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Shawn Nickel City Attorney/HR SLN Planning, Inc. 703 Main Street 839 East Winding Creek Drive 898-5506 (City Attorney) Suite 201 898-5503 (HR) Fax 884-8723 Eagle, ID 83616 Fire 540 E. Franklin Road Re: Development Agreement — Knight Sky Subdivision 888-1234 / fax 895-0390 AZ 06-005 Parks & Recreation 11 W. Bower Street Dear Mr. Nickel, 888-3579/fax 898-5501 Enclosed please find the original Development Agreement for Knight. Sky Planning 660 E. Watertower Lane Subdivision, which is ready for your review and signatures of the ., Suite 202 appropriate parties. Please sign where indicated and return to the City of 884-5533 / fax 888-6844 Meridian City Clerk's Office for placement on the next available City Police Council Agenda for approval. 1401 E. Watertower Lane 888-6678/fax 846-7366 Please call me if you have any questions at 208-888-4433. Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 Si cerely, - Building 660 E. Watertower Lane Suite 150 AILIJ 887-2211 / fax 887-1297 ara Green - Wastewater Deputy City Clerk 3401 N. Ten Mile Road y 888-2191/fax 884-0744 enc. - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE- FAX 884-8119 Printed on recycled paper ADA COUNTY RECORDER J. ik NAVARRO AMOUNT .00 64 BOISE IDAHO 07/31/06 02:44 PM DEPUTY Bonnie OberbillIg RECORDED -REQUEST OF Meridian CIV Public Works 166122365 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Foothill Knights, LLC, Owner 3. Sea 2 Sea, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this g-4 day of GL/ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY", Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER", and Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "OWNER". 1 • RECITALS: 1.1 WHEREAS, "Owner" are the sole owners, 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. § 67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer" and/or "Owner" 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 Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (TN -C) Traditional Neighborhood Center, and (C -C) Community Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6t' day of June, 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 "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" 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 ofthis 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 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 06-005) KNIGHT SKY SUBDIVISION PAGE 2 OF 11 C 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party that owns said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "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, (TN -C) Traditional Neighborhood Center, and (C -C) Community Business District attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City ofMeridian prior to a future development in the R-4, TN -C and C -C zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-005 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 3 OF 11 • 5. CONDITIONS GOVERNING PROPERTY: C� DEVELOPMENT OF SUBJECT 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development in the TN -C and CC zoned lots be subject to Design Review approval, and that all TN -C lots contain structures that are at least two -stories tall. 5.1.3 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.4 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. 5.1.5 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.6 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.7 That prior to issuance of nay building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.8 That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 4 OF 11 0 • on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 5.1.9 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. 5.1.10 That a maximum of 125 single-family residential dwellings be allowed on the subject property. 5.1.11 Prior to signature of the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20 -foot wide sanitary sewer easement through the out -parcel located in the northwest comer (indicated on the preliminary plat to be R1065270110) of this development or move the lift station to insure that it does not dead end (coordinate with Public Works Department). Coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the list station and the pressure sewer that goes along with it when gravity sewer becomes available to this site. The Homeowners Association shall own and operate said lift station. The costs of decommissioning the lift station shall be bome by the developer and not the future Homeowners Association. 5.1.12 That the developer has volunteered to construct gateway signage near the corner of Linder Road and Chinden Boulevard, in accordance with the Gateway Committee's standards. 6. 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 "Developer" and/or "Owner" or "Developers" and/or "Owners" 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. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal ofthe zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 5 OF 11 LJ 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" and/or "Owner" 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. 9. DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner'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 may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 6 OF 11 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", 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. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. 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 "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 7 OF 11 0 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree 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. 16. 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 OWNER: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 16.1 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. 17. 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 DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 8 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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. 19. 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 "Developer" and/or "Owner" 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 "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "Owner" 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 "Developer" and/or "Owner" 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". 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 9 OF 11 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. 22• 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 FOOTHILL KNIGHTS, LLC k-tt--&� h By: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 10 OF 11 Attest: CLERK STATE OF IDAHO, ) ss County of Ada, ) CITY OF MERIDIAN BY: MAYOR T �deEERD 67 eo6 r A f g_ On this day of 2006, before mg, the undersigned, a Notary Public in and for said State, personall -appear,d known or identified to me to be the o of Sea 2 Sea, LLC, acknowledged to me that he executed the same on 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. Notary Public Residing at: My Commiss] DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 11 OF 11 0 STATE OF IDAHO, ) ss County of Ada, ) • On this 5 411 day of 3 u I V 2006, before me, the dersi ed, a No Publicin and for said State, personally appeared IA-41c;q 116-0 �- known or identified to me to be the of Foothill Knights, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ami agar in this certificate first above written. �g,�t1BR A� (SEAL) p0� Notary Public or. I +/� ApBLIC Residing at: A(, t My Commission Expires: SDA ID!►��o�'',,� STATE OF IDAHO ) ss County of Ada ) On this_ day of TLjLlw 2006, before me, a Notary Public, personally appeared Tammy de Weerd anWilliam G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • "'� O ��•VT •A (SEAj) 1' '"�elx; Notary Public for Idaho sit ® Residing at: eal a u� h •�`. • Commission expires: .o%'� Q. •®F•��• . DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDMSION PAGE 12 OF 11 0 Legal Descriptions TOOTHMAN•ORTON .ENGINEERING C.OMP.ANy CotQ$pLTtt,O ONOMM, srravzyom AM) VLANMW 9777 CHI.vt)M BOUtEVAM 9015F, H AHOrr37)A.?= 2108.323.2288 • N X2 23 23-23 7 9 bO6fMng+t4 ccm Project: 05087 Date: January 12.2006 Page: I of 2 is EXHIBJT "A" Total Rezone Area • Description A parcel of land situated in the SouthTow112 of the 5oulheast.Quarter ofSectian 23, Brandt Su 4 north, Range 1 Kest, Boise Meridian; being a pottient of Got 1. Block- Brandt Subdivision. -recorded in Book 39 of Plats. Pages 5'155-5786, record OtAla County, Jdaho; and all of thatparcel of land as shown on Record of Survo� Instrument No. 9407939, Records of Ada County, Idaho, being more particularly described as folloas� BEG , at found aluminum cap, marking the comer comrtton to Sections 23. 24.25 and 26, Totsnship 4 North, Range I Wawa, Boise Meridiaw. from which around aluminum cap, marking the 114 corner common 10 Sections 23 and 26 bears N.89038'47"tiV,.2629.9I feet; and 24, thence. along the section line common to said Sections 23 I ). S.00°54156"W,, 0.10 feet to a point on a curve in the centerline of % Chinden Boulevard; thence, 2} :Northwesterly along said curve. having a radius of 34,377,48 feet, ,an arc length of 84.89 feet.through a central angle of00°08'0p and a chord baring and distance ofNU9°37'44"W„ S0.89 feet to apoint of rangencyon the section line common to said Sections 23 and 26; thence, along said section line. 3? N.89°38'47"W,, 2516.07 feet to a point on the southerly extension of the ti;esterly line of said Lot I; thence, along said southerly extension and said westerly line ofl of I. 4) N.00'27'09 -E., 541,06 text to a point, marking the southwesterly corner of parcel of land described !u Deed Instrument No. 101138387: thence, along the southed - and kvcsterh' lines of said parcel. the follo,,%in courses: 5 t 5.89'41'45 "E..1721'06 reet to point: thence. 6} N.001137'09T .. 4.80,00 feet to a point on the northerly line of said Lot 1: thence. along said nwherly line, H 0.=u6'ti7.lbsStiRFS1"8ch:1-:CTit RCZt�f; ARra.:cc BOM • CpPURs1:4LeKz • a-%LD%-vEu 0 TOOTHMM-ORTON ENGLVE WVC COMPANY Project 95087 Date: Januar• 12. 2006 page; 2 of 2 7) S.8904J *43;-E.. )393,14 feet to a founts V2- with Plastic cap. marking the northwesterly corner of Lot 7 0, Block 1 Brandt Subdivision, thence, alone the wcsteTly line of Lots 6 through 70. Block 1 ofsaid Brandt Subdivision, 8) S.00'48'23 -W.. 903.94 feet to a point; thence. along the southern line of sr id Lot 6 and the sntrtherl�• line of Lot S. Block 1 of said Brandt Subdivision. 9) S.88*W337E., 441.36 feet to a point; thence. Lot 5, along the easterly line of said 10) N.Oq'47 29--E., 196.40 feet to a point. thence. along the southerly line of Lots 2 and 3. Block 1 of said Brandt Subdivision, 11) S.89°12r3l "E., 498.61 feet to the centerline of N. Linder Road. thence along Paid centerline. 12) S.00 -47°29"W.. 605.00 feet to the POINT OF BEGiNIN NG. CONTAWINC 58.56 acres, more or less. SUBZ' CT TO all Covenants. Rights, Encumbrances. Rights•af- WaY, Easements of Record and any Encum EV W APPt�?OV JUN 16 2006 MERIDIAN PUBLIC WORKS DEPT. k*.9ff19T1%?Zi' (atVrW. aaaA.rVT4t.ZF7cLtiE.Iit:Aof TOOTHMAN-ORTON ENGMMIi+NG COMPANY OT-MLYINO W(RHEM, SURVEYORS AND PLANNCRs 9777 0IN E)EN BOULEVARD SWE, t WID 83r14-2008 208.323•2286 . W208-323-2399 Project'No: 05087 bairefteng o mm Date: December 16, 2005 Page: 1 of 1 LtXiI rf "A" Land Description for R-4 Rezone A parcel of land located in tete S Y2 of the SB V4 of Section 23, Township 4 -North, Range 1 West, Bolse Maddian, Lida County, Idzho, being a portion of Lot 1, Block 1 of BRANDT SUBDIVISION, described as follows: CO1h MNCING at a point marling the corner common to Sections x.24,25 and 26, Township 4 North, Range 1 West, Boise Meridian, from which tha '!.corner common to said Sections 23 and 26 bears N.89°38'4TV., 2629.97 feet; thence, along the line common to said Sections 23 and 26, A)` N.89°38'47"EV., 2596.97' feet to a point an the southerly extension of the westerly line of said Lott. Block 1 of BRANDT SUBDIVISION; thence, Llong said southerly extension thereof and the Westerly line of said Lot], B) N.00°27'09'3;., 381.37 Cees to the POINT OF BEG0MG; thence, continuing along said westerly line, 1) N.00W'09"E., 459.69 feet; thence, along the southerly rand easterly line of a Parcel Of land described in Deed instrument No. 101129387, records of Ada County, Who, the following courses: 2) S.89°41'4S"E., 272.00 feet thence, 3) N.00 -27-09-B, 480.00 feet to the northerly line of said Lot l; thence, along said northerly line, 4) S89°41'45'9.,1393.14' to tate northwesterly comer ofW 10, Block 1, BRANDT SUBDIVISION, thence, along the westerly, line of Lots 10, 9, 8, 7, and 6, Block 1 of said subdivision and the southerly extension thereof, 5) S.00°48'23"W., 939.88 feet; thence, 6) N.89°4112511V.,1659.34 feet to the POINT OR BEGINNING. CONTAINING: 32.86 Acres, more or Jew. SUBJECT TO: All covenants, Rights, Rights -of -Way, Foments of Records and any Encumhranom. xAosasnwrffieMUFv ,-R, ReZon orSW.,W BOL5E • COEUR &A.LENE • CAS. APPg BY jut4 16 2000 WORKS pbt?T. TOOTHMAm-ORTON ENQWEEMG COMPANY COMMTWO EN'Olt" EM SMV5YOn AND PLANNBRB 9777 CHINDEN MULEMD ROMJDAMO8371Q-20M 208.323.2288 1 P,l!e 208.323.2399 weft -v ---o a Project No: 05007 Date: tune 1, 2006 Page; l of 2 EXHIBIT "A" hand Descriptionfor C.0 Rezone A parcel of land located in the S K of the SE t/, of Section 23, Township 4 North, TUW 1 West, Boise Meridian, Ada County, Idaho, being a portion oft of 1, Block 101' BRANDT SUMMSION, and all that parcel of. lend, as shown on a Record of SUMY, recorded as Instrument No. 94079392, records of Ada CotMty, Idaho, described as follows: BEGINNING ata point, marking the comer contmoa to Sections 23, 24.25 and 26, Towei hip 4 Nmth, Range 1 Wast, Boise Meddiae, from which thea'/ comer common bo said Sections 23 and 26 bftrsN.89°38'4T'W., 2629.97 feet; thence, alongthe line common to said Sections 23 and 26, I) S.006541S6W., 6.10 feet to a pout on a curve;, marking the centerline of W. Chindeaa Boulevard; thence, along said centerline, non tangent with the previous coum; 2) Northwesterly along said curve' to the led;:, having a radius of 34,377.48 feet, as are length of 80.89 feet, through a eentrnl angle of 00°08'05", and a chord bearing and distance ofN.89034144"W., 80.99 fest to a point of tange.noy; thence, continuing along said centerline, 3) N.89039'4r W., 417.73 feet to a point on the southerly wdemion of the westerly line of Lot 5, Block I ofsald subdivision; thence, along said southerly extension thereof, 4) N 00°47'25M., 412.41 feet to the southeasterly comer of said Lot 5; thence, along the easterly line of said Lot 5, 5) N -0004T29' E., 196.40 feet to the southwesterly corner of Lot 3, Block 1 of said subdivision; thence, along the southerly line of said To 3 and Lot 2, Block 1 of said subdivision, 6) S89°12'3117, 498.61 feast to the centerline of N. LiflderRoad; thence, along said centerline, at'L70 AWP61:ASVAVW&hA4:C REZONE OMCWn(W 2.dw BOISE - CC EU't d'At..WE - CALDWELL 1'00'TFmth kORMN LgGMEMG COMPANY Projcct Na: 05087 Date: Dtcember 29, 2005 Page: 1 oft 7) S.00°47'29" W., 605.00 feet to the POLW Op BE4GINNING. CONTAiINING: 6.95 acres, more or Iess. SUBTECT TO: All covenants, Rights, Rights -of --Way, Eme Encumbrances.ments of R ceords and any H: ""0WPiOetIRURWiT-M-U-C RMO:JE DESCRWnCN Id. APPRO Rpt BY M Wfl�s p� �tG TOOTHMAN-ORTOl+i ENGINEWMG COWANY Comatwo emaw�LBS' , SURVEYORS ANO RANNE" 9777 CHiNOEN SOULEVAM BOISE, MAHO43714:2068 20a -3234M - FAX 260,322-2399 bobeebmm'Co n Pro}ac.t No: 05087 Date: June 1, 2006 Page: I of I EXHIBIT"A" Land Description for IN -C Rezone A pw=l of land located in the S % of the SE K of Section 23, TOI% ssWp 4 North, Range 1 West; Boise Meridian, Acta Cotmty, Idaho, (ming it portion of Loc 1, Bloch I of BRANI)T SUBDMSION, described as follows: CONEVIE8 CLNG at apoutt, marking the corner common to Sections 23, 24, 25 and 26, Townshfp $North, Mange I arm, Boise Merldbu4 from whicb the % corner common 10 said Sections 23 and 26 bears N.89°3$ •47"W., 2629.97 feel; thence, along the line commm La said Sections 23 and 26, A) 4[.89°38'47"W., 498.62 feet to tho POINT OR BEGINNING, them, continuing along said common line (alto the amterlina ut W. cl*Wen Boulevard), 1) N.89"38147"W., 2698.35 feet to a point oil the southerly extension of the westerly line of said Lot t, thence, along said southerly oxtensioa and said westerly line oflot 1, 2) N.00°27'09'Z., 381.37 feet, thence, leaving said westerly lira, 3) S. 89"41'25"E.,1659.34 feet to a point an the southerly extension of the westerly line oftat at 6. Block 1 of said subdivision; thence, along said southerly extension, 4) X.00048123"E., 35.93 feet to the Routhwassedy comer of -gold Lot 6, theace, along the southerly line of said Lot 6 and the southerly line of Lot 5, Block 1 of said subdivision, 5) S.88°50' 33"E., 441.26 feet to the southcastatly corner of sold Lot 5; thence, along the southerly extension of the easterly line of said Loi 5, 6) S.00047,29"W., 412.41 feet to the POM -T OF BEGROUNG. CONTAINING: 18.75 acres, more or less. SUBJECT TO: All covenants, Rights, Rights -of --way, E,as=enta of Records and any Encumbrances. H'A5087iWPRI SEtRVBYS�thh-TN C REMM O6SCA] nW2.Ex BOISE • COEUR WALLNS • C:AW%IELL JUN 16 2006 WOR CS DIDEPT- ;R JUN 01 2006 City Of Meridian ' City Clerk Office CITY OF MERIDIAN C, FINDINGS OF FACT, CONCLUSIONS OF LAW AND 1 DECISION & ORDER In the Matter of Annexation and Zoning of 58.83 acres from RR to R4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(18.75 acres) and C -C (Community Business)(6.95acres) AND Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres, for Knight Sky Estates Subdivision, by Sea 2 Sea, LLC. Case No(s).: AZ -06-005 and PP -06-004 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 May 23, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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 § 1 1-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-0051 PP -06-004 - PAGE i of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 3, 2006 (revised April 5, 2006) by Toothman-Orton Engineering Company, Inc. is hereby conditionally approved, The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. To construct a 6 -foot tall solid fence around the perimeter of the subdivision, prior to house construction; 2. Regarding the temporary sewer lift station, the applicant shall either provide an easement or move the lift station to insure that it doesn't dead end. Further, the homeowners association shall own and operate said lift station. And, third, coordinate with the Public Works Department an acceptable assurance for abandonment of that lift station and the pressure sewer that goes along with it; and, 3. To construct gateway signage near the corner of Linder Road and Chinden Boulevard, in coordination with the Gateway Committee. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 2 of 4 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 23, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED 44!! e, COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., Cityglerk 6 Copy served upon Applicant, The Attorney. VOTED _ L VOTED VOTED ffifle� VOTED r--- ``May,%Xam e'Weerd Of ML Oru�t Works Department and City By' 4A x a 11 Dated: U . q -0(0 Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-005 / PP -06-004 - PAGE 4 of 4 • CJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 5/23/2006 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 rt off Itis y r� N�.\1Et! t' Knight Sky Estates Subdivision AZ -06-005 Annexation and Zoning of 58.56 acres from RR to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(14.54 acres) and C -C (Community Business)(, 1.16 acres). PP -06-004 Preliminary Plat approval of 126 residential Iots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning of 58.56 acres to R-4 (32.86 acres), TN -C (14.54 acres) and C -C (11.16 acres), and Preliminary Plat approval of 126 residential building lots, 7 commercial building lots, and 26 common lots on 55.83 acres. The site is located on the northwest corner of the intersection of Chinden Boulevard and Linder Road. There is an existing home and associated out buildings on this site near Linder Road. The rest of the site is currently vacant and being used for agricultural purposes. A majority of this site is Lot I, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. 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. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP as well as a private street application) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. Staff is recommending approval of the proposed Knight 8 v Estates Subdivision (AZ -06-005 and PP -06004) with the conditions listed in Exhibit R of the Cinff 170..,...1. m»._ recommend approval. a. Summary of Public Hearing: i. In favor. Shawn Nickel (Applicant's representative), Bryan Martin (Applicant's Engineer) ii. In opposition: Alan Ward, Larry Woodard, )+oad Rothani (aka — Jack Smith), Brad Larsen, Ken MalIea, Tom Holloway, Lydia Aguirre. iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE I 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 i. Density; ii. Traffic; iii. Sewerability and decommissioning the proposed temporary lift station; and iv. Irrigation water service to Brandt Subdivision. c. Key Commission Changes to Staff Recommendation: i. Deleted requirement for a stub street to the north (5 -acre lot in Almaden Subdivision). NOTE: At the April Oh public hearing the Applicant's representative, Shawn Nickel, offered to construct a 6 -foot tall solid fence along the entire boundary of the subdivision. He also offered to provide irrigation water to the homeowners in Brandt Subdivision. In addition to the Commission changes, staff has included these offerings of the Applicant in Exhibit B. d. Outstanding Issues) for City Council: i. Clarification on how irrigation water will be provided to the Brandt Subdivision homeowners (see Condition 1.1.15 in Exhibit B). ii. The applicant has submitted a revised preliminary plat (dated April 5, 2006) which incorporates most of the changes required by staff and the Commission. However, the revised preliminary plat has a net gain of three residential lots. Staff recommends that the Council approve the revised preliminary plat. with the rovision that a maximum of 126 re, ide tial lots be allowed. Staff further rec mmends that one of the townhouse groupings that contain four dwellings bg platted as one large lot and re -subdivided into four new lots in the future. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -005 and PP -06-004 as presented in the staff report for the hearing date of May 23, 2006, and the preliminary plat labeled Sheet I of 1, dated January 3, 2006 (revised 127 06 April 5, 2006) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 005 and PP -06-004 as presented in the staff report for the hearing date of May 23, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ - 06 -005 and PP -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: Northwest corner of the Chinden Boulevard/Linder Road intersection / 4N1 W23 b. Owner: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 2 0 L] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING, DATE OF MAY 23, 2006 c. Applicant: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 d. Representative: Shawn Nickel, SLN Planning Inc. e. Present Zoning: RR f. Comprehensive Plan Designation: Mixed Use (along Chinden) and Medium Density Residential (remainder) g. Description of Applicant's Request: The applicant is requesting approval of a 159 -lot mixed- use development that includes 12b single-family residential buildable lots, 7 commercial lots and 26 common lots on 58.56 acres. The applicant is proposing three zones: R-4 (Low Density Residential)(32.86 acres); TN C (Traditional Neighborhood Center)(14.54 acres); and C -C (Community Business)(1 1. 16 acres). All of the proposed lots conform to the dimensional standards of the requested zone. The average residential lot size in the proposed development is 8,200 square feet. The gross density of Knight Sky Estates is 2.26 dwelling units per acre. Approximately 16% (9.1 acres) is being set aside for open space; 6.2% of the open space is considered useable, the rest of the open space is either used for street buffers or drainage areas. 1. Date of preliminary plat (attached in Exhibit A): 1/3/06 (Revised 1/27/06) 2. Date of landscape plan (attached in Exhibit A): 1/4/06 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan (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. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. C. Newspaper notifications published on: February 13 and 27, 2006 (for Planning & Zoning Commission hearing) and May I and May 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for Planning & Zoning Commission hearing) and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: February 20, 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 some out buildings on this site. The rest of the subject property is currently vacant and is being farmed. Knight Sky Estates Subdivision AZ-06-0051PP-06-004 PAGE 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 b. Description of Character of Surrounding Area: There are five -acre lots in Almaden Subdivision to the north. Spurwing Country Club is to the west. Brandt Subdivision, with one - acre lots is to the east. To the south is Lochsa Falls Subdivision, and the proposed Knight Hill commercial development. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential on five -acre lots, Almaden Subdivision, zoned RR (Ada County) 2. Bast: one -acre lots in Brandt Subdivision, zoned RR (Ada County); Linder Road 3. South: Lochsa Falls Subdivision commercial, zoned R-4 (PD for commercial uses); Vacant ten -acres, proposed Knight Hill commercial development 4. West: Spurwing Subdivision clubhouse and driving range, zoned RR (Ada County); vacant three acre parcel, 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, to add this area to the Future Land Use Map, was approved by the City Council on March 7, 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service is being proposed via a temporary lift station that will discharge to sewer mains located in N. Long Lake Way. Location of water: The closest City of Meridian water mains are located in Lochsa Falls Subdivision across Chinden from this property. However the City of Meridian and United Water are currently in negotiations that would allow United Water to serve this parcel. Issues or concerns: The need for an easement through the out -parcel in the northwest corner to facilitate decommissioning the lift station in the future. Administrative issues pertaining to United Water serving this development. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: Any open canals or ditches that cross the subject site should be piped (see Exhibit B). 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: Existing RR (Ada County) to R-4 (Low Density Residential)(32.86 acres), TN -C (Traditional Neighborhood Center)(14.54 acres) and C -C (Community Business)(11.16 acres). 6. Size of Property: 58.56 acres f. Subdivision Plat information: 1. Residential Lots: 126 2. Non-residential Lots: Knight Sky Estates Subdivision AZ-06-005/PP-06.004 PAGE 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 3. Total Building Lots: 133 4. Common Lots: 26 5. Other Lots: 0 6. Total Lots: 159 7. Gross Density: 2.26 units per acre (net 3.1 d.u./acre) g. Landscaping I. Width of street buffer(s): A 35 -foot wide street buffer is required along Chinden Boulevard, a designated entryway corridor (UDC 11-213-3 & UDC 11-2D-2). A 25 - foot wide street buffer is required along Linder Road, an arterial street (UDC 1 I -2B- 3). A 10 -foot wide Iandscape buffer is required along Knights Park Drive where it is adjacent to the proposed TN -C and C -C commercial lots (UDC 11-2B-3). Street buffers are not required adjacent to the other internal streets. 2. Width of buffer(s) between land uses: The applicant is not proposing to construct any landscape buffers between proposed TN -C and C -C zoned lots. A 50 -foot wide amenity pond is proposed between the residential and commercial areas. 3. Percentage of site as open space: For the Knight Sky Estates development, over 16% of the site is being set aside for open space; 9.1 acres/16.3% (including street buffers) and 3.5 acres/6.2% (excluding street buffers) of the subject 55.83 acres (excludes right-of-way) is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Landscaping adjacent to any roadwaywith detached sidewalks shall comply with UDC 11-3A-17. h. Amenities: Water fall, clubhouse, ponds, park, cobbled entries, open space. i. Off -Street Parking: UDC 11 -3C -6A requires single-family detached dwellings and townhouses with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11 -3C -6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential and Commercial Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage (garage facing street) 60 60 Lot Size (garage facing street) 8,000 8,000 TN -C There are no established lot size, setback, or lot frontage requirements in the TN -C Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 zone. The maximum building height is 45 feet; the minimum number of stories is 2; and the maximum building footprint is 20,000 square feet. C -C Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 k. Summary of Proposed Streets and/or Access: The applicant is proposing one access to Chinden Boulevard, a state highway. This proposed access is located at the %2 male and aligns with Long Lake Way in Lochsa Falls Subdivision to the south. This public street access (Knights Park Drive) to Chinden Boulevard loops around to connect with Linder Road. The applicant is not proposing any additional access points to Chinden Boulevard or Linder Road. There are private streets, a public street to the proposed R4 lots, commercial driveways and a common driveway proposed from Knights Park Drive. The internal public and private streets are proposed with 33 -foot wide street sections (measured back -of -curb to back -of -curb) with 5 -foot wide attached sidewalks. Staff is generally supportive of the proposed street system. NOTE: Nearby property owners have expressed concern about the proposed Knights Park Drive access to Linder Road. ACHD has provided the City with detailed analysis and conditions for this project. ACHD has required some changes to the proposed plat. The first change requires the applicant to provide access to Chinden Boulevard via the proposed Knights Park Drive. The second change requires the applicant to construct a stub street to the three -acre parcel to the northwest. The ACRD has approved the location of Knights Park Drive where it intersects Linder Road. Please see ACED's conditions in Exhibit B. 7. COMMENTS MEETING 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 WorIcs Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Community" and "Medium Density Residential" on the 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 of non-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. The proposed Preliminary Plat includes 126 single-family lots for a gross density of 2.26 dwelling units/acre. Although the overall density is at 2.26 dwelling units per acre, the proposed R-4 area has a density of 3.1 dwelling units per acre, meeting the anticipated density range for this area. NOTE: Staff has been in contact with Eagle City Staff regarding their future plans for the area to the north and east of this project. Based on the conversation with Eagle City Staff and the policies and goals contained within the Rim View Planning Area section of Eagle's Western Area Plan, staff believes that the subject development Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 complies with both Cities' plans, if the applicant complies with the conditions listed in Exhibit B. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): 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 M, 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 Sher ggls 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 (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library Ddstrict. 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 Departs enyUnited Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 - 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. This development is currently not serviceable by gravity means. Permanent sewer. service for this development will be via the future North Black Cat lift station, this site will temporarily d sewer a mainsvailable to o this site. Lochsa Falls Subdivision. City of Meridian municipal water is currently not aThe 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. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 7 CITY OF MERIDIAN PLANNING DEPAR'T'MENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Staff believes that the subject applications comply above. with the policies listed in the literature noted Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is not proposing any stub streets to any of the adjacent parcels. The ACRD is requiring the applicant to provide a public stub street to the three -acre parcel to the northwest. According to Eagle's Western Area Plan, the existing jive -acre parcels to the north are eligible to re -develop with one -acre lots (see Section 6.4.1, Rim mew planning Area, City of Eagle Western Area Plan). Staff believes that a stub to either the Aguirre or Petty property should be provided This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development, when those five -acre parcels re -develop. See Analysis below and Exhibit B. 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 VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide attached sidewalks adjacent to the internal streets and on one side of the proposed common driveway. The applicant is also proposing to construct micro paths to/from the proposed commercial lots to the east. NOTE: Staff is recommending that the applicant provide a stub street to the north. Once this stub street is extended, pedestrian access via sidewalks will link the existing Almaden Acres Subdivision to the north and the proposed development. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to Linder Road (Knights Park Drive) and one public street access to Chinden Boulevard (Long Lake Way). Direct lot access to Linder Road and Chinden Boulevard should be prohibited. Chapter VII, Goal 1, Objective B - Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 12 -acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses. Stafj`'believes that the future commercial and retail sites in this plat will add to the variety of non-residential uses within the City's Area of Impact. Staff is generally supportive of some commercial uses In this area. Please see Analysis below. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 The applicant is proposing a 50 -foot wide common dot between the proposed townhouse lots and the future off ce%ommerciad 7N -C zoned lot to the east. Some of the adjacent property owners have expressed concern over the smaller R-4 lots and the commercial lots. The UDC does not require any buffering between single-family uses. ,Further, the UDC does not require any buffering between commercial uses and residential uses, if they are separated by a public street. If landscaping is constructed in accordance with the UDC, stafffin4 that the proposed (internal) residential and commercial uses should be compatible with each other. The Commission and Council should rely on any public testimony provided when determining if this development is compatible with the uses on the adjacent parcels. Chapter VII, Goal L Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses adjacent to this property. Staff believes that the locations of the proposed zones and the lot layout 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. to, ther ensure a ransitio17 om t eve -acre ar els to a north st recommends that least o e o the lois i the orthwest corner o the develo meat a removed. To rovi le a better transition between the subject develo meat and the flye-a.-re lots to the Hort sta recommends that all the perimeter lots between Lot 18 and Lot 32 Block 7 maintain at least a 1 S 000 s uare oot lot size. If the preliminary plat is amended as proposed by staff, the proposed development 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. 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 Vl; page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (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 zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-2A-2) lists single-family detached homes as permitted uses in the R-4 zoning district. Meridian City Code (Table 11- 2D-1) lists attached single family dwellings as permitted uses in the TN -C zone, while several other non-residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN -C zone. Please see Meridian City Code (Table 11-2B-2) for a list of permitted, conditional, accessory, and prohibited uses in the C -C zone. Knight Sky Estates Subdivision AZ-06-OOS/PP-06-004 PAGE 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 b. Purpose Statement of Zones: R-4 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. TN -C: The purpose of the TN -C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN -C is pedestrian -oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN -C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi -public uses, churches, and attached and multi -family dwellings. C -C: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4, TN -C and C -C zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1 • Annexation and Zoning Application: Based on the Comprehensive Plan and the recently adopted Future Land Use Map, staff believes that the requested zones are appropriate for this property. However believes tha the ro ortio f the -C and C -_C zoning proposed does not comply with�urpose statements of salI zones or the Co rehensive Plan. Further, because of the existing one -acre residences to the north, staff recommends that less -intense zoning UN -C) be approved for Lots 5-7, Block 1. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. Legal Descriptions The annexation legal description and the rezone legal descriptions submitted with the application (stamped on December 26, 2005, January 12, 2006, and June 1, 2006 by Jeffrey R. McAlIister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to annexation staff recommends that a new ]esal description be filed with the City that includes Lots 5-7, Block 1 bein zoned to TN -C and Lots1 and 4 BIock 1 bein zoned to C -C Develo Ment A cement: UDC 11 -5B -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. Because the applicant has not submitted elevations or a list of uses that may be built in the commercial area (TN -C and C -C areas) of this development, and to ensure that this Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 project builds out consistent with the Comprehensive Plan, staff recommends that the applicant enter into a Development Agreement with the City. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owners) (at the time of annexation ordinance adoption), and the developer. Thea lit -ant shall can act the Ci Attorne Bill N at 888- 4433 to initiate this process, -Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Knight Sky Estates 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 TN -C and C -C zoned lots be subject to Design Review approval, and that all least two -stories tall. TN -C lots contain structures that are at 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. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic when services aservice, per City Ordinance Section 5-7-517, re available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the Code. City of Meridian Unified Development 8. That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 9. 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. 10. That a maximum of 125 single-family residential dwellings be allowed on the subject property. 11. Prior to signature on the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20 -foot wide sanitary sewer easement through the out -parcel located in the northwest corner (indicated on the preliminary plat to be R1065270110) of this development or move the Lift station to insure that It does not dead end coordinate with the public Works De artment . Coordinate with the public Works De ent an acce table alternative 1 to facilitate decommissfonfn the lift station and the pressure sewer that apes alone with ft when aravity sewer becomes available to this site. The Homeowners Association shall own and o era a said lift station. The costs o decammfssionfn the lift station shall be borne by the developer and not the future Homeowners Knight Sky Estates Subdivision AZ.06.005/PP-06-004 PAGE 1 I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 ASSo— ciation. 12. That tIe applicant has volunteered to construct atewa s' nae near the corner of Linder Road and Chinden Boulevard in accordance with the Gatewa Committee's standards. 2• Preliminary Plat and Private Street Applications: Staff believes that the proposed preliminary plat and private streets substantially complies with the Zoning Ordinance. Special Considerations: Devel PRMe_ntAlPng State Hi hwa s: The applicant is proposing one access to State Highway 20-26 (Chinden Boulevard). Staff is supportive of this proposal as it aligns with Long Lake Way across Chinden and is located at the %: mile (UDC l l -3H -4B2). The applicant should acquire a permit from ITD for this proposed access 3H -4C1). The applicant is proposing a public street, Knights Park DriveeCthat generally parallels the highway and provides access to properties fronting the highway (UDC 11 -3H -4B3). The applicant should be required to construct noise abatement in compliance with UDC 11-3H-41) and IM's design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion (100 -feet from centerline proposed). A note should be placed on the face of the plat restricting direct lot access to Chinden Boulevard. Kni hts Park Drive• The applicant is proposing to construct a Iocal commercial street, Knights Park Drive, that will connect Linder Road to Chinden Boulevard. Staff has n that are concerned about the been contacted by neighbors in Brandt Subdivisio location of Knights Park Drive. ACHD has recommended that Knights Park Drive intersect Linder Road as proposed by the applicant. Staff recommends that the Commission take into account any public testimony that may be provided regarding the location and design of Knights Park Drive, as it does come fairly close to the back side of the adjacent 1 -acre properties. The applicant is proposing to construct detached sidewalks with 6 -foot wide parkway strips between the curb and sidewalk along Knights park Drive. UDC 11-3A-17 requires parkways to be at least eight feet wide and planted with Class U trees. However, the planter width may be reduced to six feet if there are root barriers installed on the trees. The applicant should either construct eight -foot wide parkways, or six-foot wide parkways with root barriers around all trees within the parkway. Because the applicant is proposing to limit access points to Knights Sky Drive, the applicant should provide a cross parking/cross access agreement for all of the TN -C and C -C zoned lots within the subdivision to use the driveways and parking aisles. pnvate_Street.- The applicant has submitted a private street application, proposing to construct two private streets in this development. Staff is generally supportive of the private streets for the mew lots, but not for Lots 29-32, Block 1 as they do not "front" on a mew as the other private street townhouse lots do (see required findings in Exhibit D below),e a licant hould either modify the Dint b ensurin that all lots that take access to a ri We street also have front a e o a mew common o en s ace that is at least 50 -feet wide or de 'tate W. Castle Can on Lan as a ublic street. The applicant is proposing to construct the private streets with a 33 -foot wide street section (measured back of curbs) and sidewalks on both sides, within a 43 -foot wide Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 easement. Gates are prohibited on private streets (UDC 11 -3F -4A4). Prior to signature of the final plat, the applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11 -3F -3B4). The private street easements shall be depicted on the face of the final plat(s) (UDC 11 -3F -3B3). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. Corcmmon DrivewaysThe applicant is proposing to use a common driveway for Lots 33-36, Block 1. Staff is generally supportive of the common driveway proposal. However, rather than flagging the buildable lots through the amenity pond, at least 10 - feet of frontage for each lot should be provided using the common driveway easement (make the lots flag at a 90 -degree angle to Knights Park Drive). UDC 11 -6C -3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat, building setbacks should be measured from the adjacent sidewalk. Further, UDC 11-3C-6 requires every single-family detached dwelling to have a two - car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All of the lots adjacent to the common driveway should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Comply with all common driveway provisions listed in UDC 11 -6C -3D. Lots 23 and 28 Block 7: The applicant is proposing to create an irrigation easement that encroaches into buildable Lots 23 and 28, Block 7. Staff recommends that these lots be reconfigured to remove the easement from being within the buildable lots. Stub Streets. The applicant is not proposing any stub streets to any of the adjacent parcels. The ACRD is requiring the applicant to provide a public stub street to the three -acre parcel to the northwest. The ACRD is also requiring the applicant to provide access to the Chinden access, to the 13 -acre parcel to the west. Staff believes that a stub to either the Aguirre or Petty property to the north should be provided as well. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development. According to Eagle's Western Area Plan, the existing five -acre parcels to the north are eligible to re -develop with one -acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Rms.ftt3L As mentioned earlier in the report there are existing rural size lots to the north and east of this site. To better transition from the five -acre lots to the north, staff recommends that at least one of the lots in the northwest corner of the development be removed. To provide a better transition between the subject development and the 5 - acre lots to the north, staff recommends that all of the perimeter lots between Lot 18 and Lot 32, Block 7, maintain at least a 15,000 square -foot lot size. icro- aths: The applicant is proposing to construct several micro paths within this development. The micro -paths on Lots 1 and 42, Block 7, also serve as emergency access for emergency service providers. Therefore, the micro pathslemergency access on Lots 1 and 42, Block 7, shall be improved with either grass -trete or asphalt at least 20 -feet wide and constructed in accordance with the Meridian Fire Department's Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 13 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 requirements. All other micro -paths shall be constructed in accordance with UDC I1 - 3A -8. Landscaping adjacent to all micro paths should comply with UDC 11-3B. 4menities/O2en Space.. UDC 11-3G requires common open space and site amenities for developments of five acres or more. The applicant is proposing to set aside approximately 3.5 acres of common open space. Several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds are proposed within this development. Staff believes that the applicant has provided enough open space and amenities to comply with the UDC. However, details of the water features and the clubhouse are not provided on the landscape plan. Staff has concerns over stagnant water and these water features and ponds becoming mosquito breeding grounds. Therefore, staff re uests that thea icant describe at the u— . . n&lgw the amenity Donds and clubhouse will be constr cted how the nmirlo will not become auisanor nearb roe owners and what thOctubh se and onds will look 1ike. Landsoapina• The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets LI.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes: • Provide a 35 -foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25 -foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10 -foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN -C and C -C) lots (LTDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC I 1-3B-7C2b). All street buffers shall be designed in accordance with UDC 11- 313-7. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro -paths. • Provide detailed pictures and/or drawings of how each water feature will be constructed. • Provide detailed elevations and/or pictures of how the clubhouse will look. • Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look. • Provide amenities and open space as proposed, 3.5 acres of common open space, several micro paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The applicant is proposing to construct a six-foot wooden fence around the residential portion of this project. A mix of four -foot tall open -vision and solid fencing is proposed adjacent to micro paths and interior common spaces. A detailed fencing Knight Sky Estates Subdivision AZ-06-0051PP-06-004 PAGE 14 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. Almaden Acres & Brandt Subdivisions; Staff has received several letters from adjacent neighbors in Almaden Acres Subdivision to the north, and has talked with others in Brandt Subdivision to the north and east. The neighbors' main concerns appear to be: the location and design of Knights Sky Drive, the 25 -foot wide grass strip along the northern border of the project, and this becoming a nuisance, density; and a request for a six-foot tall vinyl fence along the northern boundary of the project. Staff recommends that the Commission review all letters received by the City regarding this project. a Common Areas: Maintennce of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Associations. 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 Pressure Irri ation. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with the entity providing water service to allow a single -point connection to the culinary water system. If a single point connection to the City of Meridian's water line is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends anuroval of the sub'ect a OQS and PP -06-004 with the condi o listed in Exhibit B of a Sta R p t for the Maria date of '16 2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06 & 4-5-06) 2. Landscape Plan (dated: 14-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 15 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Zoning Ordinance Knight Sky Estates Subdivision AZ-06-005/PP-wow PAGE 16 0 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2406 A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06 & 45-06) !Its. tlt�JJ} 1},16 rl�rirJ!lIIII lilt fit" III ma"; ;! lilt Exhibit A —Page I i4 A AM, 4 21i. Exhibit A —Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 01 Exhibit A — Page 2 Landscape Plan (dated 1-4-46) � f3�� :i1 oNval'NVtt1R13N .tY i NVId ddV09QNI> 1 IVId AUVNIVYIIR� ► WP'gg3 Pug JaPun la Jeulep ISOIAU1JON li3L;h9 7 c� ii v I cM pp� I cM 9 E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A — Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A— Page 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A — Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS PRELIMINARY PLAT (PP -06-004) 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering Company, dated January 3, 2006 (revised 1-27-06 & 4-5-06) is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-005) application shall also be considered conditions of the Preliminary Plat (PP -06-004). No more than 126 residential lots are apuroved with this plat. t. 1.2 The landscape pian prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, Ll.l, L1.2 and L1.3, is approved with the following modifications/notes: • Provide a 35 -foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25 -foot wide landscape buffer along Linder Road, an arterial street (UDC 1 I -2A). Provide a 10 -foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN -C and C -C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-3B- 7C2b). All street buffers shall be designed in accordance with UDC 11-3B-7. • Per UDC 11-3G-3Ei, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro -paths. • Provide detailed pictures and/or drawings of how each water feature will be constructed. • Provide detailed elevations and/or pictures of how the clubhouse will look. • Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look. • Provide amenities and open space as proposed; 3.5 acres of common open space, several micro -paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The applicant shall acquire a permit from JTD for the proposed public street access to Chinden Boulevard. Construct noise abatement in compliance with UDC I1 -3H -4D and ITD's design requirements adjacent to the residential uses on Chinden Boulevard. Dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion (100 -feet from centerline proposed). Exhibit B —Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 1.1.4 The applicant shall construct a public street (Knights Park Drive) that connects Linder Road to Chinden Boulevard, as proposed. The applicant shall either construct 8 -foot wide parkways, or 6 - foot wide parkways with root barriers around all trees within any parkways with detached sidewalks. Direct lot access to Knights Park Drive shall be restricted as proposed; provide a cross parking/cross access agreement for all of the TN C and C -C commercial lots within the subdivision to use the driveways and parking aisles. 1.1.5 Either modify the plat by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50 -feet wide), or dedicate W. Castle Canyon Lane as a public street. Construct any and all private streets for the mew/townhouse lots, with 33 -foot wide street sections (measured back of curbs) and sidewalks on both sides, within a 43 -foot wide easement. Gates shall be prohibited on private streets. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private street easements shall be depicted on the face of the final plat(s). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. 1.1.6 Construct a common driveway for Lots 33-36, Block 1. Provide at Ieast 10 -feet of frontage for each lot using the common driveway easement (make the lots flag at a 90 -degree angle to Knights Park Drive). All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. PIace the building setbacks, building envelopes, and orientation of the lots and structures that use the common driveway on the face of the final plat. Provide a two -car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11 -6C -3D. 1.1.7 Reconfigure Lots 23 and 28, Block 7, to remove the irrigation easement from being within the buildable lots. 1.1.9 Remove at least one of the lots in the northwest corner of the development. All of the perimeter lots between Lot 18 and Lot 32, Block 7, shall maintain at least a 15,000 square foot lot size. 1.1.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.11 The micro -paths on Lots 1 and 42, Block 7, shall also serve as emergency access for emergency service providers. The micro-paths/emergency access on Lots 1 and 42, Block 7, shall be constructed with grass-crete, or asphalt at least 20 -feet wide, in accordance with the Meridian Fire Department's requirements. All other micro paths shall be constructed in accordance with UDC I 1-3A-8. Landscaping adjacent to all micro paths, including Lots 1 and 42, Block 7, shall comply with UDC 11-3B. 1.1.12 Provide a 6 -foot tall solid fence alonlz the entire boundary of this develo went as Proposed. A detailed fencing plan should be submitted upon application of the final plat. If permanent Exhibit 8 — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 fencing is not provided before issuance of a building permit,temporary construction fencing to contain debris must be installed around the perimeter, perimeter, common open space, and micro - path fencing shall be designed according to UDC 11-3A-7. 1.1.13 Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners' or Business Owners' Association. 1.1.14 Place a note on the face of the final plat(s), stating that direct lot access to Chinden Boulevard and Linder Road is prohibited. 1.1.15 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 He within the area being subdivided lateral users association (ditch owne shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or rs), 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. Provide irri anon water to the Brandt Subdivision homeowners where the want it to be delivere ad s proposed. 1.1.16 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.17 Prior to recordation of an annexation and zoning ordinance, provide revised legal descriptions for the TN -C and C -C zones, as described in the Development Agreement. 1.2 GENERAL REQUMEMENTS--pRELIMI11ggY PLAT (PP -06-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances, unless otherwise deemed an amenity. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all final construction. other regulatory requirements at the time of 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B — Page 3 C 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 2. Public Worcs Department 2.1 Sanitary sewer service to this development is being proposed via a temporary lift station that will discharge sewer to mains in N. Long Lake Way. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer manholes shall be allowed in the landscape islands in the cul-de-sacs. If sewer mains are to be routed under the landscape islands in the cul-de-sacs then no trees shall be allowed in the landscape island. 2.3 Water service to this site is being proposed via extension of United Water mains located near to this site. If negotiations between the City of Meridian and United Water do not include United Water providing service to this property then the applicant shall be responsible for extending City of Meridian water mains to and through this development. The applicant would coordinate main size and routing with the Public Works Department. 2.4 Provide a 20' easement for all public sewer mains outside of the public right of way. The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT IT 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. If the water system is to be via extension of the City of Meridian's system then this condition shall apply to water mains as well. 2.5 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 pian approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with jurisdiction providing water service to allow a single -point connection to the culinary water system. If a single -point connection to a City of Meridian water main is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that details who will own the private streets and how they will be maintained. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 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. Exhibit B — page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated by the entity having jurisdiction over it, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 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 Iocations 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. Exhibit B — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration oft hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in Iength that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. A turnaround will be required if the len of the common drivewav excee . 150 feet 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". Np narking will be allowed the narking in the cul-de-sacs around 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. The applicant shall provide access via the two micro -paths from Knights Park Drive to the north. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 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 Exhibit B — Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.15 The proposed 126 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 365 residents at build out. 3.16 Maintain a separation of 5' from the building to the dumpster enclosure buildings. for the commercial 3.17 Provide a Knox box entry system for the complex prior to occupancy. 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 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. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.22 There shall be a fire hydrant within 100' of all Fire Department connections. 3.23 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.24 Pool chemicals shall be stored in compliance with the International Fire Code. 3.25 Buildings or facilities exceeding 30 feet (9144 nun) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.26 Where a portion of the facility or building hereafter constructed or moved intoor 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 903.3.12 the distance requirement shall be 600 feet (183). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department Exhibit B — Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 4.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC I1 -3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal d submit stamped (approved) plans with your certificate of zoning compliance application. an 6.2 SSC will not rovide ch 'ck u services utilizin the conunon drivewa .The develo er shalI install a concrete ad at the e d of the common rive no m re t five 5 feet behind the sidewalk. The ad shall be of suffice t are to accommodate the rece tac es of the residences that take access from the common _4_:____ 3L- 7. Ada County Highway District 7.1 Dedicate a total of 60 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right -of way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way. NOTE: The right-of-way will taper beyond the intersection to the north. The applicant shall coordinate the taper length and total right-of-way needs with Development Review staff. 7.2 Construct a 5 -foot detached concrete sidewalk abutting the site on Linder Road located a minimum of 53 -feet from the centerline of the roadway. 7.3 Comply with the requirements of the Idaho Transportation Department for right-of-way, access, and improvements to Chinden Boulevard (US 20/26). All signal modifications including relocation of utilities and irrigation at will be the responsibility of this applithe intersection of Long Lake Way and Chinden Boulevard, cant. 7.4 Construct Knights Park Drive, the frontage road paralleling Chinden Boulevard, as a 40 -foot commercial street section with vertical curb, gutter, and 5 -foot detached sidewalks. Provide a minimum 21 -foot street section on each side of the proposed center islands. Any landscape -of-way dedicated by this plat shall be owned and islands/medians within the public right maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Exhibit B — Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 7.5 Construct the internal residential roadways as 33 foot street sections (or 34 -feet if required by the Meridian Fire Department) with rolled curb, gutter, and 5 -foot concrete sidewalks. The applicant shall obtain Fire Department approval for the reduced street width. 7.6 Construct the proposed private streets in accordance with the standards set forth by the City of Meridian. The private streets shall be required to meet the rninimum offset standard of 125 -feet centerline to centerline at their intersections with the public street system. 7.7 Construct a local stub street to the 2.99 -acre out -parcel that is currently undeveloped and is located at the northwest corner of the development. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.8 Construct a stub street to the Spurwing property to the west. This stub street shoall intersect the entrance road, Long Lake Way, without changing the current configuration of that entrance road. 7.9 Construct the entrance road on Linder Road, Knights park ]hive, approximately 550 -feet north of Chinden Boulevard (centerline to centerline). Construct a left turn bay on Linder Road for vehicles entering the site at Knights park Drive, in accordance with the submitted Traffic Impact Study. The curb radii shall be 30 feet or greater to accommodate right turning traffic at the site entrance. 7.10 Locate the commercial driveways along Knights park Drive, at the shared property Tines of the commercial lots, as proposed. The driveways are restricted to a maximum width of 36 -feet. 7.11 Construct the residential turnarounds to provide a minimum turningradius of 45 -feet. provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. The applicant shall coordinate with District Development Review and Traffic Services staff on the design of the parking within the center islands within the turnarounds. 7.12 Vacate or exchange the 25 -foot wide un -opened roadway easement along the site's north property line through a separate public hearing process. 7.13 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 7.14 Comply with all Standard Conditions of Approval. S. Central District Health Department 8.1 After written approval from appropriate enti central sewage and central water. ties are submitted, we can approve this proposal for 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem Exhibit 8 — page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 8.4 It is recommended that storm water be pre-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. 9. Settlers' Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral (40' easement), and the Almaden Lateral. Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved the SID Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B — Page 10 • 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 C. Annexation and Zoning Legal Descriptions 1) Exhibit C —Page I TOOTHMAN•ORTON ENGINEERING COMPANY CONSULTING I+NClJ'V'FRS, SURt'l ORS ANI) PiAtWM 0777 CtINWN 84WkIAR0 006'. R3A.V1041714-WO ?t+0 323 2288 • PAX 208.323.1199 tnfiartOt:.nf,rj.J.cC�a prCJ'YI' (Ism Udte AnuaR 1), 241ifS page. I of b:XHID]IT "A" Total Re2ane Area • Description A P:,rcr! of land situated in the South 1/2 of tate Southeast Quarter of Seetiotj 23. I'tMwIship4North. flange 11tiM Boise Meridian: being a portion of Lot 1. Bloc,. I Brandt Sub&%ision. recorded in Hook 59 of Plats. Pages 5785-5786, record of Ada County, Idaho: and ail of that Parcel of bared as shorn on Record of Survey Instrument No. 94079392, Records ofAda county, Idaho. bei follows; ng more panicularl}described as JJEC'N ENG at found aluminum cap. marking the comer common to Sections 23. X4.24 and 26. Township 4 Not2h. Range I Nest. Boise Meridian: front which a found alurninum cap. marklq(t, the ]'4 corner common to Sections 23 and 36 b and 24. ears N•89°= 3 47'«t.. 2629.97 feet, thence. along the section line common to sold Sections 23 !) S.00054°56"W_ 0,10 feet to a POW an a cane in thence. the centerline of W. Cltindcn f3,?ule��td: 2) 40ril"Westerly along said curie. having a radias of 34,377.48 tict. an arc length Of 80.89 feet, through a central angle of 00'08'05". and a chord barring and distance OrN.89'37'44"W,, 80, 69 feet to a point of tangency on the section line common to said Sections 23 and 26: thence, alone said section line. 3) N.89°39?4 7" W.. 2516.07 feet to a point on dtc southerly extension of the westerly line of said l.ut 1: theca:. along said southerly extension and said westerly lire of Lot 1. 41 N -00'21"09-E•. 841.06 feet to u point. marking the southwester1% caner of a Parcel of lrmd &.4cribed in Decd instrument 1No. 101128387: ;hence. along the sootherh and kvesferh lines of said parcal, the fol:ovtinu_ courses: 272.00 feet to point: thrrre. 6I �' t'i}"?7'fi�)' c.. 480.1;0 feet w a penrt on the northers} line of said 1.0t 1: thence. along said nottheriy line. ne.fut'•aP:ih,SiRItVJ.'p, :r%Lkc10m. 1401S4 • CC@L'RX.AI.::NE • C:ALDWELL CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 1) T00Tk1N1j%N- tR1VN FNC1NEWRING COMPANY ITClit-a. 05(h87 r1at.' Jart•.tars I _'. '�fttth pkve: 2 (jf 2 7) S.$9°4!'w5"[., ;;9; 1.1 feet to a found I 2'• rebar sill, plastic cap. nt:rkrnt, tl:c ncslerhsterJt ccrrr>vt us' 1.0t 1Q. B tjck. 1 Brandt St,bdlsisitw thence. ri1c'mi. tl:e ssestcrl} line l�.' Lots 6 t(Zouerl fth. Blac� 1 of said 13rmhsl= tuhs(i,isicm. Sr S.t;ry is _ �� . 9tt_t,+t, feet to a ;+uirl.- t=hence. alcirlt; the suutherls' 1:t e (if.. id and ttu tic�uthcrh lithe of l.•lt a. Bloch I of said Brandt Subdis isKlr.. 'f. S.$;°50'7.i"F_.. 441.2' leer 10 a perittt: thence. along the ensterh, line *I*. a le l.tx i, 10) N-00*47'29--E •, 196.4016-1 to a point; thence. along the southerly line of Lots 2 and 3.131ock 1 of said Brandt Subdivision, 11 ) 5.89'12'3I" F.. 49$,61 feet to the ccntertizte of N. [,finder Road: thence along said centerline. 12) 5.00" 17'29 W.. 603.00 feet to the POINT OF BEGMI'I.VG. CON l'Al. INC; 58.56 acres. more or less StlMM(7 TO all Cbaenathts. Rlgh4i, Rights-of-way, Basements nfReeord and any (Incumbrances Exhibit C — Page 2 CITY OF MMDfAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 m 4--MY-i }y a All v N ky .a►9et g Exhibit C - Page 3 (f O Y Q d � W � M,YJ, As�•I �= v � f4 .•8 0 d; L d• M �I j I r�N o fi ��� �GCa:.t�:hrS IO,NNH v. tio[s�n[aens ac�¢edxnas Exhibit C - Page 3 (f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 TOOTHMAN-OlUON MGINEERING COMPANY CONWLTINQ INC.IN[:nttS, %MVBYOttSAN]) pLANNERS 9M,, t.UINDIN BOULEVARD SOME, IUAW ejn4.2ws ' 08 M 21M . MX =4-13-23119 Project No; 05087 iwSeg1C'Mvn%Cam I}ata: Dccetuber 10, 2005 Navu: 1 of 1 LXLUJ3IT "A„ Lund Dm6plion for R4 Rezone A Parcel of hand located in the S eVr of tho SE V4 of Section 23, Township 4 North, Range I Nest, Boise Meridian, Ada County, Idaho, being a portion ol'Lut 1. Block 1 of R aNO'l' SUBDIVISION, described as folluws: CON MENCTNC.: at a point, narking the comer common to Sections 23 24.25 and 26, Township 4 North, Range 1. West, Eloise lVeridien, hoot, which the V4 corner wrnmun to said Sections 23 and 26 bears N.89°38'47"W., 2629.97 feet; thence, along tike lune common to said Sections 23 and 26, A) N -99-38-47"W., 2596.97' fact to a point nn the southerly extension of the westCTly fine of said Lot 1, Block I of BRANDT SG'BDIVISIOIN; thence, along said southerly extension thereofand the westerly line of said IAot 1. 13) N.00"27'09"E., 381.37 feet to the POINT OF Fri GIMVTNG; thence, coutinuing Along said westerly .line, I ) N.00°27'09"E., 459.69 feet; thence, along the southerly and easterly fine of a parcel of land described in Deed InsttumentNo.101129387, records of Ada County, Idaho, the followinv, courses; 2) S.89°41'45" E., 272.00 feet, thence, 3) N•00`9 -7'09"L 480.00 feet to the northerly line ofsaid Lot l; thence, along said northerly line, 4) S89-4 1'45-E., 1393.14' to the northwesterly corner of Lot 10, Block I, RR-UNDT SUBDIVISION; thence:, along the westerly line of Lots 10.9.8.7, and 6, Block 1 of said subdivision and the southerly extension thereof, 5) 5.00°48'23"N., 939.88 feet; thence, 6) N.89°41'251 -W., 1659.34 feet to the P01NT OF ilRGfh'MNG. CONTAVNN'G: 32.86 .Acres, more or less. 5U)3.JF,CT TO -..,U covenants, Rights, Rights -of -Way, Pasernews of Records and any Encumbrances. H•145t�875A'P6IIg55UtiVtrl'1Ex4p-R•{ REMNE n'SMIMON doe BOTSK • CORUR W.AL]iNti • Q LDWELf. Exhibit C — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 7OOT*1MAN-ORTON ENGINEERING COMPANY CMSutarvG t r OMMRs. WRVEYotic awn pt.ANNERss 9777 CHINOEN BOULEVARD HG1M IDAHOal)-1 T ZOO 208.32; ,j2da � FAX 208.323-2399 Project No. 05087 Date, June 1, 2006 Page: 1 of i EXHIBIT "A" Land Description for TN -C Rezone A parcel of land located in the S %: of the S131, of Section 23. Tawssship 4 North. Range 1 \rest, liaise Meridian. Ada County, Idaho, being a portion OFT-01 1, Block i of BRaNDT SUBDIVISION, described as follows: F C01VINIENCLNG at a point. marking the comer common to Sections 23, 24. Z5 and ''6, Township 4 North, Range I fycst, Boise Mcrldian, from which the V, corner common to said Sections 23 and 26 be= N.89°38'47"W., 2629.97 feet; thence, along the line common to said Sections 23 and 26, A.) '.d.89°38'47" 4V., 498.62 feet to thc?OINT UT BF.GfNNXNG, thence, continuing along said common litre (also the centerline of W. Chinden Boulevard) 1) N.89°38'4T'W., 2098,35 it.'el to a point on tate southerly extension ofthe westerly line of said l at 1; thence, along said southerly extension and said westerly line of W1 1, 2) N.00"271071.., 381.37 feet; thence, leaving said westerly rine, 3 j S. 89°41'23"E., 1659.34 feet to a point on the southerly extension of the wwterly line of Lot 6, Stock 1 of said subdivision; thence, along said southerly extension, 4) N.00°4x'23" C., 35.95 feet to the southwesterly corner of said Lot 6: thence, along the southerly line of said Lot 6 and the southerly line of Lot 5, Block 1 of said subdivision, 5) S.88°50'331-6., 441.26 feet to the southeasterly corner of said Lot 5; thence, along the southerly extension of the easterly line of said Lot 5, 6) S.001147129"W_, 412.41 feet to the POINT OF BEGINN3IVC., CONTAINING: 18.75 acres. more or less. SUBJECT TO: All covenants, nights, Righty -of -Way, Easements ofRecords and any Encumbrances, ri X0508>:A "t"'*t:KVF.Y'O"-TN- MOM nE$Ctt:t'CION 2.da BOISE • C0ELfKd-'%ENE • t:A1MWELL Exhibit C — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 T'OOTHMAN•ORTON ENGINEEMr, COMPANY C"" -TM ENG1/4FZM- SU"BYORS AND P(Axwn 97,7 L HINVEN 80(n NYARD WNSE IDAHQ877(4•20US 2"*1234280 • rik?ns-)zj.7399 wseak"rwxom Project No: 05087 Datc, June 1, 2006 Page: I of 2 UMBIT "A" Land Description for C -C Rezone A parcel of land located in the S %: ofthe SE 1/4 of Section 23, Township 4 North, Lange 1 West, Boise Merldian, Ada County, Idaho, being a portion ofT.ot 1. Block 1 of BRANDY SI:I3DMSIOlY, and all that parcel of land, es shov(m on a Record of Survey, recorded as I .aim hent No. 94079392, records of Ada County, Idaho, described as follows. JBF-GINNING at a point, marking the corner cornmon to Sections 23, 24, 25 and 26, Township 4 North, Range 1 NVasl, Boise Meridian, from, which the 1/4 comer common to said Sections 23 and 26 bears N.89°38'47"W., 2629.97 feet; thence, along the line wmmon to paid Sections 25 and 26, l ) S.00°54'56"W., o.10 feet to a point on a curve, marking the cenicrline of W Chink' Boulevard; thence, along said centerline, non -tangent with the previous course; 2) Nortimesterly along said curve to the lcJ% having a radius of 34,377.48 feet, an arc length ot'80.89 feet, through a central angle ofoo°0$'05", and a chord bearing and distance of N.89°34'44"W.. 80.89 feel to a point of tangency; thence, continuing along said centerline, 3) N.89", '47"W., 417.73 feet to a point on Ute southorly extension of the uTste thereofrly line of Lot 5, Block 1 o1'said subdivision; thence, along said southerly extension , 3) N.0004 7129"E., 412.41 feet to the southeasterlycome rofsaid Loi 5; thence, aiong, the easterly line of said Lot S. 5) N.00-47'29'TE., 196.40 feet to the southwesterly coater of Lot 3, Block I of said subdivision; thence, along the southerly line of said Lot 3 and Lot 2, Bloch 1 of said subdivision, 6) S890121 I"E', 498.61 fo&t to the centerline of N. Linder Road; thence, along said eeptcrline, 1"ZiMWPRW1.S1:R.V0y%-%hA-C{ REZONE UESCWmjj% Ld v HOTSE - C0KCRd-,%1.BNF • t_-AtjAVT;L, Exhibit C — Page 6 C Ll CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MARCH 2, 2006 TOQTAMh.'H.ORTUN ENGINEEWNG COMpANy Project No: 05057 Datc: DCccmher 27.2005 P09c: I of 2 7) S.00°47'29"W., 605.00 feet to the POINT OF B.ECEViqNC,. CONTALNI.NG: 6.95 acres, more or less. SUB.IECT TO: All ao"nants, R'8bts, RiEhts-of-Wap. mem of Records and any Lacumbrances. 11105087'p#78-SMVML4A,!;-CREZO:JBDESCRUMON 1 doc Exhibit C — Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 QYpy �QXI7 iV � w � �+='f—'t------ �;.c—� -. ._ '`` sartrasw vaso• w -- � o >� eIell LVJVv . mw 16.Ve $,;.A -- --t; ---mK LHf8Llt0t 'ON 1N3YYIyLSkI ruatt m!me 1 +�+ou •t 10, X J0 4pamod Y I ZaGx'.� x�m •01 101 x� t�4ISfA1Q8A8 JlIIlltllld8 Exhibit C - Page 8 5 t �+:�ry.tSJGf aaj 1ID � ti3 3�. L U91 y � = N ,iu0"1 0 zco co o x W 4 Q� IN �i�-a NNFx ��W i u a sk pq � w N t •-4 o E-46 OZ E+ww L) w i r�y�x i ( c. � a t p dU t � 4 Z4 Hca Q i a N N � O LVJVv . mw 16.Ve $,;.A -- --t; ---mK LHf8Llt0t 'ON 1N3YYIyLSkI ruatt m!me 1 +�+ou •t 10, X J0 4pamod Y I ZaGx'.� x�m •01 101 x� t�4ISfA1Q8A8 JlIIlltllld8 Exhibit C - Page 8 5 t �+:�ry.tSJGf aaj 1ID � ti3 3�. L U91 y � = N ,iu0"1 0 zco co o x W 4 Q� IN �i�-a NNFx ��W i u a sk pq � w N t •-4 o E-46 OZ E+ww L) w i r�y�x i ( c. � a t p dU t � 4 Z4 Hca Q i a N N • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 D. Required Findings from Zoning Ordinance I. 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; Council finds that the proposed zoning designations of R-4, TN -C and C -C comply with the Comprehensive Plan and recently amended Future Land Use Map. Council finds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of TN -C and C -C. If the applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings, Council finds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4• The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of Interest of the City (UDC 11 -5E -3.E). The R-4, TN -C and C -C zoning amendments will provide both residential and commercial uses in this area. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Council finds that Annexation and ining of this roe to R-4 TN -C an C -C would be in the best interest of the Ci 2. Preliminary Plat Findings: Exhibit D — Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 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; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. Private Street Findings: Exhibit D—Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 1. The Design of the private street meets the requirements of this Article; Council finds that the design of the private streets meets the standards as set forth in UDC I 1-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the UDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. ACHD has reviewed the private street request and is supportive. Exhibit D — Page 3 July 14, 2006 AZ 06-006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Sea 2 Sea, LLC ITEM NO. 54 REQUEST Development Agreement -- Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision -- southwest corner of Linder Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: Sf1G1xy1 Q l eja J Date: 1-1-1 -()(pPhone: IS-& Emailed: Jc.�aw� 1wtJ 0m-cLL 4& -*r nc f- Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OFell �- C�44 IDAHO TRF,\SURF V Atl�� SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 June 22, 2006 Shawn Nickel SLN Planning, Inc. 839 East Winding Creek Drive Suite 201 Eagle, ID 83616 11"ECEIVEY"t J) JUL 03'2006 CIN OF MERIDIAN CITY CLERK OFFICE Re: Development Agreement — Knighthill Center Subdivision AZ 06-0065 Dear Mr. Nickel, Enclosed please find the original Development Agreement for Knighthill Center Subdivision, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincerely, bra Green Deputy City Clerk enc. CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 38 BOISE IDAHO 07/31/06 02:44 PM RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian Clk Public Works 106122360 UhlFOR � a a@„Pad DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Foothill Knights, LLC, Owner 3. Sea 2 Sea, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of _177 2006, by and between City of Meridian, a municipal corporation of the State of I o, hereafter called "CITY", Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER", and Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "OWNER". RECITALS: 1.1 WHEREAS, "Owner" are the sole owners, 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 "Developer" and/or "Owner" 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 Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9t' day of May, 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 "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" 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 06-006) KNIGHTHILL CENTER SUBDMSION PAGE 2 OF I 1 0 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party that owns said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "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 C -G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Construction and development of a Certificate ofZoning Compliance shall be submitted to the City of Meridian prior to a future development in the C -G zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-006 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 3 OF 11 • i 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 That prior to issuance of nay building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.6 That a 25 -foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 6175 N. Linder Road. 5.1.7 That development of the property shall comply substantially with the conceptual site plan shown on the preliminary plat dated January 5, 2006. 5.1.8 That the applicant shall provide signage which indicates that there is an exit towards W. Everest Lane. 5.1.9 That the applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane, which is a private street. DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 4 OF 11 6. 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 "Developer" and/or "Owner" or "Developers" and/or "Owners" 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. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Properly" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" and/or "Owner" 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. 9• DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner'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 may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" 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. DEVELOPMENT AGREEMENT (AZ 06-006) K IIGHTIULL CENTER SUBDIVISION PAGE 5 OF 11 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", 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. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 6 OF 11 allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" 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". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree 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. 16 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 OWNER: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 DEVELOPMENT AGREEMENT (AZ 06-006) KrIIGHTHILL CENTER SUBDMSION PAGE 7 OF 11 • 16.1 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. 17. 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. 18. 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. 19. 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 "Developer" and/or "Owner" 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 "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "Owner" 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 DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 8 OF 11 9 0 "Developer" and/or "Owner" 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". 21.1 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. 22. 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. DEVELOPER SEA A, LLC By: OWNER FOOTHILL KNIG S, LLC By: DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 9 OF 11 Attest: CITY CLERK STATE OF IDAHO, ) ss County of Ada, ) • CITY OF MERIDIAN BY: MAYOR T de WEERD cfl®✓� OIAL i �`!`I�JJJJJt f9 9af 6S�`�j��� On this day of % , 2006, before me, the undersigned, a N Public in and for aid State, personally appeared 1 114y known or identified to me to be the of Sea 2 Sea, LLC, acknowledged to me that he aPexecute the s e on 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. pTAQ r Y�SlI� sw' Notary Public f r Idah 'v'L%G Residing at: -Pr �44�. My Commission Expires: I* Of DEVELOPMENT AGREEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 10 OF 11 0 • STATE OF IDAHO, ) : ss County of Ada, ) On this day of 2006, before me, the &,,una oPubl'c and for gaid State, personally appeared known or identified to me to be the ® W VIFoothill Knights, LLC, acknowledged to me that he executed the same on 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. (SEAL)�j Notary Publicfo�Vfdah8r_ N9 GDLIC Residing at: '••l * •... p My Commission Expires: •••••. 9p ID A STATE OF IDAHO ss County of Ada ) On this day of :TLVL_j 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or- the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official segL"day and year in this certificate first above written. • A •• (Sk9)Notary Public for Idaho im Residing at: +;�'°° , IC - ' +•' Commission expires: ►p -� -1 ••i�; IDA R • AGR•• DEVELOPNI�'l�ff' EEMENT (AZ 06-006) KNIGHTHILL CENTER SUBDIVISION PAGE 11 OF 11 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURvEYORt AMD PLANNERS Project: 05143 Date: December 21, 2005 Page: 1 of I 9777 CHIN DEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 0 FAX 208-323-2399 boise@toengrco.com EXHIBIT "A" Land Description for CG Rezone A parcel Of land located in the NE % of the NE % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a found aluminum cap, marking the comer common to Sections 23, 24, 25 and 26, from which a found brass cap, marking the quarter comer common to said Sections 25 and 26, bears S.00054'56"W., 2657.54 feet; thence, along the section line common to said Sections 25 and 26 (centerline of N. Linder Road), 1) S.00'54'56"W.I.0663.91 feet; thence, leaving said section line, 2} N;89°04'59"w, 725.02 feet; thence, 3) . N -00 -21'13t -W.., 656.84 feet to the centerline of W. Chinden Boulevard; thence, along said centerline the.following courses: 4) S.89°38'47"E., 650.61 feet to the beginning of a tangent curve; thence, 5) Southeasterly along said curve to the right, having a radius of 34,377.48 feet, an are length of 80.89 feet, through a central an of 00°08'05", and a chord bearing and distance of S•89°34'44'T., 80.89 feet to the POINT OF BEGINNING. CONTAINING: 11.04 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights -of= -Way, Easements of Record and any Encumbrances. REV W APP0 L J BY jum 16 2006 WIMAX ORKS DePT' H:105I431WPrj1es\.DEscRUM0X%05143-ExhA-CO Rezone doc Rr)T.CR . ("'nVT TD At AT nt.TT n,r T\aT'ar, CITY OF MERIDIAN r, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning (AZ) from RUT to C -G and Preliminary Plat (PP) approval of 4 commercial building lots and 1 common/other lot on 10.01 acres for Knighthill Center Subdivision, by Sea 2 Sea, LLC. REL EIVM Case No(s): AZ -06-006 and PP -06-005 For the City Council Hearing Date of: May 9, 2006 MAY 18 2006 City of Meridians A. Findings of Fact City Clerk Office 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-006 /'PP -06-005 - 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 May 9, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 5, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-006 / PP -06-005 - PAGE 2 of 4 • 0 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-006 / PP -06-005 - PAGE 3 of 4 a • By action of the City Council at its regular meeting held on the ,2.3 day of , 2006. y COUNCIL MEMBER SHAUN WARDLE VOTED_,O '� COUNCIL MEMBER JOE BORTON VOTED—Y� COUNCIL MEMBER CHARLIE ROUNTREE VOTED'^ COUNCIL MEMBER KEITH BIRD VOTED—�Cu MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Weerd Attest: % o SEMWIL William G. Berg, Jr., ity Clerk-S,,� y� a' Copy served upon Applicant, The Planning 1' epartment, Public Works Department and City Attorney, By: Dated: S-A tt j Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-006 / PP -06-005 - PAGE 4 of 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 STAFF REPORT City Council Hearing Hearing Date: 5/9/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Knightbill Center Subdivision • AZ -06-006 Annexation and Zoning of 10.01 acres from RUT to C -G zone • PP -06-005 Preliminary Plat of 4 commercial building lots and 1 common lot on 10.01 acres in a proposed C -G zone X. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning (AZ) of 10.01 acres from RUT (Ada County) to C -G (General Retail and Service Commercial) and Preliminary Plat approval of 4 commercial building lots and 1 common lot on 10.01 acres. The applicant has submitted a conceptual site plan which shows retail, restaurant and financial institution uses on the property. The site is located on the southwest comer of N. Linder Road and Chinden Road (SH 20/26). 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on March 2 and April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Appearance of the rear of the proposed buildings from W. Everest Lane ii. Access to W. Everest Lane, which is a private street c. Key Commission Changes to Staff Recommendation: i. Add a Condition which states: "The applicant shall modify the plat to include a cross access/parking easement for all lots within the subdivision." ii. Add a restriction to the Development Agreement which states: "The applicant shall provide signage which indicates that there is an exit towards W. Everest Lane." iii. Add a restriction to the Development Agreement which states: "The applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane, which is a private street." d. Outstanding Issues) for City Council: i. None. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, l move to approve File Numbers AZ- Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 1 C] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 06-006 and PP -06-005 as presented in the staff report for the hearing date of May 9, 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 Numbers AZ -06- 006 and PP -06-005 as presented in the staff report for the hearing date of May 9, 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 Numbers AZ -06-006 and PP -06-005 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- Southwest corner of N. Linder Road and Chinden Road (SH 20/26) NE ``/a, NE '/o, Section 26, T4N RI W b. Owners: Foothill Knights, LLC 757 W. Bankside Drive Eagle, Idaho 83616 c. Applicant: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, Idaho 83616 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): January 5, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 4, 2006 S. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of UDC 11-5B-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 I 1-6B-2, a public bearing is required before the City Council on this matter. c. Newspaper notifications published on: April 17 and May 1, 2006 d. Radius notices mailed to properties within 300 feet on: April 14, 2006 Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 e. Applicant posted notice on site by: May 1, 2006 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the southwest corner of Linder Road and Chinden Road, which are both major roadways in the area and carry large amounts of vehicular traffic. To the south and west is Lochsa Falls Subdivision, which contains over 800 single family homes and vacant commercial lots along Chinden Road. c. Adjacent Land Use and Zoning 1. North: Chinden Road and vacant land, zoned RUT (Ada County). 2. East: Vacant land, zoned RUT (Ada County). 3. South: Lochsa Falls Subdivision, zoned R-4. 4. West: Lochsa Falls Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer in W. Everest Lane and N. Gertie Place. Location of water: There are water stubs in W. Everest Land and N. Gertie Place. Issues or concerns: Water main sizing. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: C -G 7. Size of Property: 10.01 acres f. Subdivision Plat Information 1. Residential Lots: 0 2. Non-residential Lots: 4 3. Total Building Lots: 4 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 5 7. Open Lots: 1 g. Landscaping 1. Width of street buffer(s): 35 feet on Linder Road and Chinden Road. Knighthi H Center Subdivision AZ -06-006, PP -06-005 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TEE HEARING DATE OF MAY 9, 2006 2. Width of buffer(s) between land uses: 25 feet 3. Percentage of site as open space: 1.01 acres/10% 4. Other landscaping standards: h. Proposed and Required Non -Residential Setbacks: per the C -G zone C -G Standard Front 0 feet Side 0 feet Rear 0 feet Max. Building Height 65 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Linder Road to the east and from W. Everest Lane to the west. A private commercial drive aisle will provide traffic circulation through the site. A connection will also be made to the stub (N Gertie Place) provided from the south by Lochsa Falls Subdivision. The subject property does have frontage along Chinden Boulevard (State Highway 20-26) but is not proposing direct access to that facility. 7. COMMENTS MEETING On February 10, 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. S. 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.) NOTE: The designation of the subject site on the Comprehensive Plan Future Land Use Map is proposed to be amended to "Mixed Use Community" with the current North Meridian Area Comprehensive Plan Amendment (NMA CPA). The NMA CPA is scheduled to be on the March 7, 2006 City Council agenda. If approved by the City Council, as recommended by the Commission, this application would comply with the new map designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal 111, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City 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 (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. + Chapter VI, Goal 11, 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 connect to the public stub street from Lochsa Falls Subdivision to the south and the private stub street from Lochsa Falls Subdivision to the west. • Chapter V11, 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. Linder Road, which was approved by ACHD and is supported by staff • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed use does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan Amendment. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has previously submitted letters to the City stating that their policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Stafffinds inds that the proposal of no access point to Chinden Boulevard (SH 20-26) meets the location requirements of ITD. Further, stafffinds that Ten Mile Road will serve as the access point to Chinden Boulevard for all the properties in this section. ITD has conditioned the subdivision for additional rights of way along Chinden Boulevard, a redesign of the proposal dated July 05, 2005 has been submitted which shows the right-of-way line at 90 feet to center line for approximately the first 500 feet east of the centerline of Ten Mile Road. Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 The applicant is requesting to retain Lot 30, Block 1 of the design dated January 19, 2006. This dot should be noted on the plat that itis for future right of way reservation for when ITD roadway improvements occur. The width of right ofway reservations shall be as set forth by the IID, UDC 11 -3H -3C.2 Staff believes that the proposed zoning 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 11-2B-2 lists retail, restaurants, and financial institutions as a Permitted Uses in the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 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 December 22, 2005 by Jeffery McAllister, 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 City Attorria Bill Nares at 888-4433 to initiate this rocess within 18 months of Ci1y Council @Rproval of the annexation re est. The DA shall incorporate the following: 0 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 shall be subdivided in accordance with the City of Meridian Unified Development Code. • A 25 -foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 6175 N. Linder Road. Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 6 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 • Development of the property shall comply substantially with the conceptual site plan shown on the preliminary plat dated January 5, 2006. • The applicant shall provide signage ase which Indicates that there is an exit towards W. Everest Lane. • The applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane. which is a private street. PRELINUNARY 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 commercial development. Please see Exhibit D for detailed analysis of facts and findings. 1. Rigbt of May along Chinden: The submitted preliminary plat dated January 5, 2006 shows a 100 -foot from centerline right-of-way on Chinden Road, which is consistent with the Idaho Transportation Department's requirements along Cbinden Road. 2. Conifers in Street Buffer along Linder and Chinden: The submitted landscape plan shows coniferous trees located in the street buffer adjacent to Linder Road and Chinden Road. Per UDC 11 -3B -5C conifers are prohibited in street buffers, unless planted in the middle of a buffer which is 20 feet wider, or wider. Please modify the landscape plan prior to submittal of final plat to show conifers placed ONLY in the middle of the required street buffer. 3. Parking Lot Landscaping: Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11 -3B -8C2. 4. Design Review: Per UDC 11-3A-19, the structures within the development sball be subject to administrative design review and a Design Review application sball submitted concurrently with the application for Certificate of Zoning Compliance. 5. Stub Streets: Staff is supportive of the connections to the two stub streets from the south and west from Lochsa Falls Subdivision. The preliminary plat should be revised to show a stubbed commercial drive aisle and cross access easement to the north property line of the property located to the south of the entrance off of N. Linder Road, known as 6175 N. Linder Road. 6. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Knighthill Center Business Owners' Association. Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 7 E 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 8. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: January 4, 2006) 2. Landscape Plan (dated: January 5, 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 Knighthill Center Subdivision AZ -06-006, PP -06-005 PAGE 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 A. Drawings 1. Preliminary Plat (dated: January 4, 2006) Exhibit A :2! L m7lr, �r W% Exhibit A 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 2, Landscape Plan (dated: January 5, 2005) t' 'FIs �: j _ _.;a�tj,�Y.• , .a 7. ' I ;rj� .i :{•i: +'�'� "i,i:w�:. 'i t .-� '•',�'3' `'21�,p�:�•`itT;�{, .'+I�fiyi:; _ � : .� Y� ie {'� '(,r, •- t.., .r. '�++}?,,:' 4 ice:' 'a,"t,•.. ,, �!�C :h''. 4y.7t. .% t . t' '„6��� i Ii '} {'.!•i n i } `f �ja's ,...7I., !�' r� _ � - � t•_ _ .. � ... _ i ,t ••• - .,a•F•,� �i`� ;rte: ll Z6 .�, ' i', 1'1 - i ':�'•'G,. :' fes'^ �' S' { .',. _•ii:l•. t" S;I. 'ii Y'I f• l%l,.:l•,'i:: ;' �j ,� •"j�`I ;4,' , i � I i ! �� � •..,• J �_ -. { ' .. .. j ._ ... .. '.—moi ���' I . a:'}I _ _rte;, (,• l •{� (, : , • f L'::: L_.�', i .' r f..l\}.il.I;rlil'i aJ! fib } I i:' i•' { ar::: SW Corner of Lindar i {�3 ' r- . J?;• !{.- PREL1�, (NARY PLAT LANDSCAPE PLA.,'a! ',t _I.._.� .___.. '1 .. . C'.ii�ilV Yui li 1P -,:J •t ; Exlubit A 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary. at 888-4433 to initiate this process within 18 months of City Council approval of the annexation rgguest. 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. • A 25 -foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 6175 N. Linder Road. • Development of the property shall comply substantially with the conceptual site plan shown on the preliminary plat dated January 5, 2006. • The applicant shall provide si a e which indicates that there is an exit towards W. Everest Lane. • The applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane. which is a private street. • That the apoUcant has offered and shall provide. sidewalk along the landsca a er areas on the south side of the develoument and up to Everest Lane. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 4, 2006, is approved, with the conditions listed herein. All comments/couditions of the accompanying Annexation/Zoning (AZ -06-006) shall also be considered conditions of the Preliminary Plat (PP - 06 -005). 1.2.2 Maintenance of all common areas shall be the responsibility of the Knighthill Center Subdivision Business Owner's Association. 1,2.3 The annlicant shall modify the plat to include a cross access/parkin easement for all 1 is within the subdivision. 1.2.4 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. Exhibit B 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 1.2.5 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. 1.2.6 Modify the landscape plan prior to submittal of final plat to show conifers placed ONLY in the middle of the required street buffer along Chinden Road and Linder Road. 1.2.7 Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11 -3B -8C2. 1.2.8 Per UDC 11-3A-19, the structures within the development shall be subject to administrative design review and a Design Review application shall submitted concurrently with the application for Certificate of Zoning Compliance. 1.2.9 The preliminary plat shall be revised to provide a stubbed 25 -foot wide commercial drive aisle and cross access easement to the north property line of the property known as 6175 N. Linder Road. 1.2.10 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. If the stortnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.11 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.3 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-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 Exhibit 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 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 sball be tiled per UDC 1I - 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 11-611-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N.Gertie Place and W. Everest Lane. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance with the City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Everest Lane and N. Gertie Place. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.3 The preliminary plat indicates all new water mains will be eight -inch. The applicant shall be required to install a twelve -inch main from the twelve -inch main in W. Everett to Linder Road, with a connection to the twelve inch main located to the south of this project in Linder Road. The shall be in lieu of running water main in the arterial frontages. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 A pressurized irrigation system is required for all subdivisions per UDC 11-3A-15. The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (U'DC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point Exhibit B 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 3. FIRE DEPARTMENT Exhibit B C 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 V2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. 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. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. 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. 10. Building setbacks shall be per the International Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 12. Commercial and office occupancies will require a fire -flow consistent with the International Fixe Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 13. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 14. Maintain a separation of 5' from the building to the dumpster enclosure. 15. Provide a Knox box entry system for the complex prior to occupancy. 16. The first digit of the Apartment/Office Suite shall correspond to the floor level. 17. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 18. 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. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. 20. There shall be a fire hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT 1. The Police Department would like the proposed financial institution relocated from the northeast corner of the site to the southeast corner of the site for better police visibility and approach. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions o ApRroval 1. Dedicate a total of 48 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Construct a 5 -foot detached concrete sidewalk abutting the site on Linder Road. The sidewalk shall be located a minimum of 41 -feet from the centerline of the roadway. The applicant should work with ACRD and the landowner of the out -parcel that fronts on Linder Road to extend a continuous sidewalk to the intersection of Linder Road and Chinden Boulevard. 3. Construct a northbound left -turn lane on Linder Road at the site access intersection. 4. Construct a curb return full access driveway on Linder Road located at the south property line (approximately 600 -feet south of Chinden Boulevard), as proposed. construct a separate left and right turn lane for the eastbound (exiting) approach. 5. Comply with the requirements of the Idaho Transportation Department for right-of-way, access, and improvements to Chinden Boulevard (US 20/26). 6. Connect to Gertie Place, a public stub street at the south property line, as proposed. 7. Connect to Everest Street, a private street at the west property line, as proposed. 8. Provide a cross -access easement to the 0.6 -acre out -parcel to the south, as proposed. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 9. Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 10. Comply with all Standard Conditions of Approval. Standard Conditionsg Approval 1. Any existing irrigation facilities shall be relocated outside of the rigbt-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 may be 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 C. Legal Description TOOTHMAN-ORTON ENGINEERING CON(PANY I`ING VNGNFAII.S, AND PLVINEM Vv- 11i ect: 11 i 143 Date: De"-nilvr 206-71 I ol 1 EXHIllil'I"W' Lan,] Boundai-V Dcscriptiuri A liark-el (if land Iricated in die iNl-*,,. of of'Sculion 26,Townshil' -4 Nonh, " Wes", lit,ise Meridian. Ada Coutiv, Idaho. described as follows; '01NIMENCING ata found alwninum cal), marking die comer common to Sections 126, from %vhJc-ha Found briss cop, maEking the quarter corner common to 2 ..;ii.1 Sccl:oris .15 and'6. hears S.00`54'56'W., 2657,54 fuc.t, dience. alcing, the section lim: rot: moll Io Said Sevion.; 25 and 20 Ncracrlbw of,. Linder Rvild). Ai 40.05 feet; therwe, lelviriv—,;aidsection fific. H) N.8903S'47"NW.. 25.00 feat to n point on the southerly right -cif -way line 04: W. Chinden Houlevvird. marlinethc- POINT OF BEGINNING-. thence. along said right-of-way line the following courses: I Northwesterly along a curve to the lei". having it radius of 31.3 37.-48 all arc length of 55.>U fret. throu�th a central anf;!e rr(p0'i15'3_,". an:.' al cnc,rd bearing and dist.ui%!,e of N.89'36'L)0-'%'.. 55.50 te:ei. to 3 point of mnpacy-, N*.8V'38*47*'W., 650.61 1'ect; thence. leaving %did right-of-way, S.00-2 I'l 3-W., 616.84 feet. thence, 4) S.89'04*59"E., 700X feet to the westerly right. -cif -way line of N. Linder Road. therice, along said westerly right-of-way line, 5) N.00054'56"E., 623.71 feet to the P0114-I'OF IREGINNLNG. CONTA I N LN G: I U.011 LLCTeN. n tore or I ess. C -r TO: All Covenants. Rights. kighis-of-U'a.% Exhibit C Laserrients or Record and any ' ���SND STPu ra st OF Ur 0 r-] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit C N. UNDER ROAD 0 Q 500'21' 1 3W 616.84' Ci d t -421 4.1 lq U; - at rq X CA 0 0 Exhibit C N. UNDER ROAD 0 Q Ci Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 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 C -G. 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 retail, restaurant, and financial institution uses are allowed within the requested zoning district of C -G as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes 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 finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City Including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-1E). City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits, In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to C -G 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 finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council generally supports the proposed plat layout as Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 it complies 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 finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D 0 • July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT ITEM NO. 5-M REQUEST Water Main Easement Agreement for Smoky Mountain Pizza by Fairview Lakes, LLC: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Easement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: �Ve 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. Jui•ti• cuU0 U uurm NO-1U16 N, i ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 @ BOISE IDAHO 07131100 0244 PM RECORDED -REQUEST OF Meridian CIN Public Works 106122361 WATER MAIN EASEMENT THIS INDENTURE, made this [� day o 2tl'between Ld the parties of the first part, and hereinafter called the Gran ,and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Gmtors desire to provide a water main right-of-way across the premier and Properly 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 firom 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 Sive, grant and convey unto the Grantee the right- of-way ightof-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE Al-17ACHED 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 W such facilities at any and all times. TO HAVE AND TO HOLD, the staid 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 panics hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the casement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right -of -Way and casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT wrR MAIN Jul -11- ZUUb 4:UUNM TI iB GRANTORS do hereby covenant with the Grantee that they are kv4llY 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 14w&l claims of all persons whomsoever. W WITNESS WHEREOF, the said parties of dte first part have hereunto subscribed their signatures the day and year first herein above written. dem ACS,■ -lit- Ai t-Ulew 1R 4&-5 L C ' seet�g+- STATE OF IDAHO ) ) ss County of Ada ) On this day of 2 before a undersigned, a Notary Public in and for said State, persona appe known or identified to me to be lively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, i have hereunto sat my hand and afrmed my official seal the day and year fist above writWf 0 • 00 e, NOTARY f1pLIC FOR TDAF O Residing Commission Expires: Water Main Easement EASMT W TR MAIN n...� r JU1•11• 'LUUb 4:UUFM GRANTEE: CITY OF MERIDIAN �lllllllllttttlr� Tammy de Wyor F Attest by William G. Berg. CoClor 'r, Approved By City Council On: /Xq°�(\\``�h IfrIM 14 11110 710 STATE OF IDAHO, ) No-iuib r• s . ss. County of Ada ) On this 2c day of 1 -,2066 before me, the Undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WELRD and WTLLIAM G. BBRG, 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) Water Main Easomem S, 1'� Lin) 6i i 0 : ZA�-4-� NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: / 0--/S-- If EASMT w rR MAIN JUI•+c• LUVV 0•41MM 14U.IUaa r. i 111u41i 1 cyv►a AND "5NMftW&ANDLeM8VAV=W EXHIBIT A Waterline Easement to The City of Meridian Smoky Mountain Pizza Job No. 06041 July 11, 2006 Portions of Lots 2, 3 and 4, in Block 3 of Devon Park Subdivision No. 1, as per the Plat thereof, In Book 89, at Page 10355, Ada County, Idaho Plat Records, within the SW1/4SE1/4 of Section 6, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho as follows: BEGINNING at the south comer common to said Lots 2 and 3, Block 3, marked by a 5/8 inch rebar with a survey cap stamped "AD 8, A LS 7314°, as per said Plat of Devon Park Subdivision No. 1; thence along the South Line of Devon Park Subdivision No. 1, coincident with the North right-of- way of E. Fairview Ave., along a 56016.02 foot radius curve to the left an arc length of 4.53 feet, through a central angle of 0°00'17". and having a chord which bears South 89°5131" West, 4.53 feet; thence North 00"00'00" West, 130.21 feet; thence South 90"00'00" West, 24.31 feet; thence North 00'00'00" West, 10.00 feet; thence North 90°00'00" East, 24.31 feet; thence North 00°00'00" West, 29.97 feet thence North 90000'00" East, 40.30 feet; thence South 00°00'00" East 20.00 feet; thence South 90°00'00' West, 20.30 feet; thence South 00600'00" East, 150.13 feet to a point on said South Line of Devon Park Subdivision No. 1, coincident with the North right-of-way of E. Fairview Ave., and a 55016.02 foot radius non -tangent curve to the left; thence along said North right-of-way, Subdivision Boundary and curve, an arc length of 15.47 feet, through a central angle of 000757", and having a chord which bears South 89°5708" West, 15.47 feet, to the POINT OF BEGINNING. SAL LANd awsS���G1S i�,�p�� D,p<ca qc '� 2 w ��RT G. li1NC 7 -ti -06 P-Cr==.o*►ffis=kY MM= Pi=0=wirV%3 rvg08C11Wn0WWValfiw P D=dw Trumure Watley Ensincers, Inc. Mice: (208) 453.0301 1204 6"'. SMA Noxrll Fax: (208) 403-4391 Nampa, Cdabo $3157 ww%v,T1.rE-1w.a+m Nn. I 1111 N. L IIL• LVuu.. V•tinm N 90'_00_'00" E ' w 40.30 BLLOT 4OCK 3 � � �`- - r+-s�-n' FND 5/8" DEBAR EXHIBIT B OI O W/CAP a O g i� AD&A LS 7314 N i J 90'00'00" E 244.00 b a ; 20,30, z 1 !$ 90.00'00" w N 90'00'00" E 1 N 00'00'00" W ' ---24.31' 10.00 �--_24.31` I S 9700'00" w; 1 1 I PORTIONS OF LOTS 2, 3 & 4, IN BLOCK 3, OF DEVONIg PARK SUBDIVISION No. 1 WITHIN THE SW1 /4SE1 /4 OF 1 ao SECTION 6, T3N, R1E, B.M., 1 CITY OF MERIDIAN, ADA COUNTY, IDAHO j l ; LW y N y �► i 1w i g �G 1 LOT Z i l o i^ LOT 3 ~ BLOCK 3(g w BLOCK 3 o oi''Iz 1O �•rr' nN NI 1 4 Sig 1 1 iG z' 1 a � 1 I L i 1 1 ��L I oil 1 82 1 j �UU VGIf� 1 FND S/80 REBARI 1" 20' W CAP � 1 I A acA LS 7314 IC �_ C2 C3 C$ E. FAIRVIEW AVENUE C9 PROJECT: ARCHITECT DWG �! SMOKY MOUNTAIN PIZZAppvmn�AuAravalaswx ' 1879-08 DOUG TAMURA ,�,�,„ 64wo y • PROjECTJ CITY OF MERIDIAN Fir 40sMl 06041 WATERLINE EASEMENT DATE: 7/»/08 R SHEET wmrrar a 1 OF 1 • Memo 9 City of Meridian Public Works Dept. To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 7/12/2006 Re: Proposed Agenda Items for 7/18/06 City Council Meeting JUL 13 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 7/18/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for SmoKy Mountain Pizza by Fairview Lakes LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Smoky Mountain Pizza by Fairview Lakes LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 Jul -ll. 2006 4:00PM . • No -1018 P, 1 'NATER MAIN EASEMENT THIS INDENTURE, made this o 2 between ; , parties of L� day �-a the first part, and hereinat}er called the Gran rs, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Orantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE AZ-17ACHED 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 tree right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT W'rR MAIN Jul•11. 2006 4:00PM is • No•1018 P. 2 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. .Pmidem Ort A4tfA-6r %mview LA a-5 Swfewry' STATE OF IDAHO ) ) ss County of Ada ) On this day of 2 before me a undersigned, a Notary Public in and for said State, persona appeared known or identified to me to be • e ctively, 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 writtp # • • •.. • A. GL •• (SEAIJ - NOTARY P BLIC FOR TDAF O Residing • : Commission Expires: — of 4660.*06 Water Main Easement EASMT WTR MAIN Jul•11. 2006 4:004 • 10 No -1018 P- 3 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . SS. County of Ada ) On this day of , 20--, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 17E WE)~R17 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: Watcr Main Easement EASM'r WTR MAIN Jul.12. 2006 8:27AM VkM% •" y'Y �J,Hj„ CIM AND SrhUC7V&a ENGINUMCAND 1.00 SU MENNG No -1033 P. 1 EXHIBIT A Waterline Easement to The City of Meridian Smoky Mountain Pizza Job No. 06041 July 11, 2006 Portions of Lots 2, 3 and 4, in Block 3 of Devon Park Subdivision No. 1, as per the Plat thereof, in Book 89, at Page 10355, Ada County, Idaho Plat Records, within the SWI/4SE1/4 of Section 6, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho as follows: BEGINNING at the south comer common to said Lots 2 and 3, Block 3, marked by a 5/8 Inch rebar with a survey cap stamped "AD & A LS 7314", as per said Plat of Devon Park Subdivision No. 1; thence along the South Line of Devon Park Subdivision No. 1, coincident with the North right-of- way of E. Fairview Ave., along a 56016.02 foot radius curve to the left an arc length of 4.53 feet, through a central angle of 0°00'17", and having a chord which bears South 89°51'31" West, 4.53 feet; thence North 00°00'00" West, 130.21 feet; thence South 90'00'00" West, 24.31 feet; thence North 00000'00" West, 10.00 feet; thence North 90000'00" East, 24.31 feet; thence North 00°00'00" West, 29.97 feet] thence North 90°00'00" East, 40.30 feet; thence South 00600'00" East, 20.00 feet; thence South 90°00'00' West, 20.30 feet; thence South 00°00'00" East, 150.13 feet, to a point on said South Line of Devon Park Subdivision No. 1, coincident with the North right-of-way of E. Fairview Ave., and a 56016.02 foot radius non -tangent curve to the left; thence along said North right-of-way, Subdivision Boundary and curve, an arc length of 15.47 feet, through a central angle of 0°00'57', and having a chord which bears South 89°52'08" West, 15.47 feet, to the POINT OF BEGINNING. �' G. Hln" POwnura-Dou0moky Mrnmoio Pi=\DmwingsZwwy\DF-1CRIMOMWatetinc F.asmas Dm.doc Treasure Valley EngMcers, hie. Orffime.: (208) 45.3.0305 1204 61rt. Sir= 'Ki).,th ELK: (209) 463-4391 Nampa, Tdabo 83687 nnn n n .JUI 12 Mb- 8:Z/AM .9m. = ivu•Ivoo r- c ' N 190'00'00" E 40,0_3_' w s BLOCK 3LOT 4 1 " 35.77' - 0 EXHIBIT 0io I FND 5/8" REBAR 010 cri c'10 W/CAP .10 d I`~ t AD&A LS 7314 Ni 0 N 90'OD'00" E 244.00' a N I 20.30' - -- ------ ------ Z I'S 90'00'00" W N 90'00'00" E' l I r -------- N 00'00'00" W ; 24-31 i r 10.00 1 24.31' ' L---------- I S 90.00'00" W a I I 1 I � � � I � � I 1 1 PORTIONS OF LOTS 2, 3 & i (o 4, IN BLOCK 3, OF DEVON i I PARK SUBDIVISION No. 1 I 10 WITHIN THE SW1 /4SE1 /4 OF ' 1 SECTION 6, T3N, R1E, B.M., I CITY OF MERIDIAN, ADA I COUNTY, IDAHO i t i _ W Im1 1UQ 1 I o I u� LOT 2o LOT 3 W BLOCK 3 3 i t o I uj BLOCK 3 I � a;Ntz 1 0 D C) I 0 U oi� 1 0 01 ' � Io zI 1 � I 1 ' Lid �5 ��tSTE$ G� � • ( I 1 82 g 1 � 1 � I 1 _ 1 � 1 � � �T C Ill i 1 1 '7 FND 5/8" REBAR i 1" = 20' W/CAP AD&A LS 7314 iC 1 C2 i C3 E. FAIRVIEW AVENUE C9 PROJECT. ARCHITECT y r DWG # SMOKY MOUNTAIN PIZZA DOUG TAMURAVbj� r 1204MS„WErNORM 1979-06 1l1++�� N'? PROJECT# CITY OF MERIDIAN % , . F4XrAV l 06041 WATERLINE EASEMENT m*W�� DATE. vwToo rfiffxe„ww..rvslwa N SHEET 7/11/05 1 of 1 0 0 July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT ITEM NO. 5-N REQUEST Permanent and Temporary Easement Contract for Steven C. Smith: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Easement Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAHO 07131M 02;44 PM DEPUTY Bonnie Oberbllgg RECORDED -REQUEST OF II I II II IIIIIII II IIIIIIIII II I IIII II III Meridian City Public Worb 146122362 This sheet has been added to document to accommodate recording information SANITARY SEWER EASMBNT BLACK CAT SEWER PHASE 3 STEVEN C SMITH , SANITARY SEWER EASEMENT THIS INDENTURE, effective this „day of�w� , 2006, by the undersigned Steven C. Smith, who maintains a mailing address of 1991 S. Saturn Way, Ste. 100, Boise, ID 83709, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A -land B-1) Theep rmanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construgtion easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, thatthe CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this permanent easement. SANITARY SEWER EASEMENT Page 1 of 3 page, 2. HOLD HARMLESS, In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein r. eeof fAs ah,911h-lo A, �•gtif �,/�vte THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whosoever., {,,.'rpt �� ��1�i�j o��oab/nf/Lot.��q,�,,/ &4jc&,rvJj w;c96G t Srlid Bt1Jr�,r..� n���itn%y s�Sjr�f TA's �rDd� w� S%n �9 [JLf�.v ®Xp:i:� N60co'" IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures 7,6,-2006. the day and year first hereinabove written. / � � STATE OF IDAHO) ) ss County of Ada ) On this '/fin' - day of personally appeared basis of satisfactory within instn SANITARY SEWEF / ;_, /a i7yeNe 14 Ate Grantor V� Steven C. Smith 2006, before me tQ~wwoU_. e." "d , proved to me on the to be the persons whose names is subscribed to the that the(y,, executed the same. TARY PUBLIC FOR IDAHO Commission Expires on 1 fl —J'6— lk Page 2 of 3 Vi V�ajK e�'tN4; STATE OF IDAHO ) ss. County of Ada ) On this J'r'` ' day of July, 2006, before me, .D 2e- IZ-,o J 2 C-V-�a Notary Public, personally appeared Robert L. Phillips, Attorney -in -Fact for Steven C. Smith, and to me personally known, who being duly sworn, did say that he is the Attorney -in - Fact for Steven C. Smith, who executed the within instrument. �� ARYi- 1- 1 Notary Public for Idaho Residing at: �4 .�- PV'My Commission expires: ,TATE+� .`��•'• Pon ` CITE 4F or BY W erd, Tammy de lark ATTp -T, am berg, Jr., GitY� � COW-�' e approved by Council: pat SANT ARY SEWER 'BASEMENT eage3ot3 i Project: 10-05-135 Date: March 6, 2006 EXHIBIT A-1 PARCEL. DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of said Southwest Ya of Section 14; thence along the Westerly boundary of said Southwest Y4, South 00'30'19" West, 42.09 feet to the POINT OF BEGINNING; thence South 87"29'17" East, 300.01 feet; thence North 49'56'26" East, 78.05 feet to a point on the Northerly boundary line of the said Southwest Y4; thence South 89°1TOY East, 2,297.37 feet along said Northerly boundary line of the Southwest Y4 to the Northeast corner of said Southwest 114; thence along the Easterly boundary line of said Southwest Y4, South 00'35'50" West, 1,344.93 feet to a point on the Northerly right-of-way line of 1-84; thence along said Northerly right-of-way line North 89"33'51" West, 65.30 feet; thence parallel with and 65.30 feet Westerly of said Easterly boundary line of said Southwest Y4, North 00'35'50" East, 58.79 feet; thence North 45'00'00" East 47.59 feet; thence parallel with and 32.00 feet Westerly of said Easterly boundary line of the Southwest Y4, North 00"35'50" East, 1,220.44 feet to a point 32 feet South of said Northerly boundary line of said Southwest'/; thence parallel with and 32 feet Southerly from said Northerly boundary line of the Southwest Y4, North 89' 12'03" West, 2,253.56 feet; thence South 49°56'26" West, 78.59 feet; thence North 87"29'17" West, 311.36 feet; to a point on said Westerly boundary of the Southwest Y4; thence along said Westerly boundary of the Southwest %, North 00`30'19" East, 32.02 feet to the POINT OF BEGINNING. Containing 2.988 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/geh:lhc PAPHK110-05-135 - Black Cat Phase 31EasementstSMITH-PERM-N2SW4_SEC14.doc soolo'1 I W 1/4 COR. SEC. 14 p I �— _ _ _ _ _ SOo'3S'So'W _ 1344.93' N00'35'50'E �� 1220.44'— — — — — — — — — — --•---— •--- —d— f--�.-------N48'OOO'E I ( ( I 47.59' f ; NO 8'35'8 D"E I iy J ( e i I I � I I ( I ( I I I f ( ( I f I I I f I EXISTING PURDAM DRAIN EASEMENT ( 1 / f IP I Iz ' � J r\ EXISTING PURDAM DRAIN EASEMENT cq I, -1 l �,, z SCALE: 1"=200 a 8575 .5-t,.oI, VO=O ENT. =., �"• ��'�•,'°' EXHIBIT R-1 ! + �aNtaa++�wBlt "Oleo 'm Wt Loa wnw vpamV ?w6: nm ��. U,B au�wasT: we OR SMITH PERMANENT SEWER EASEMENT 1 A" Project: 11873 Date: March 6, 2006 EXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southwest %4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest comer of said Southwest 1/4 of Section 14; thence along the Westerly boundary of said Southwest 1/, South 00'30'19" West, 74.11 feet to the POINT OF BEGINNING; thence South 87'29'17" East, 311.36 feet; thence North 49° 56'26" East, 78.59 feet to a point 32 feet South of the Northerly boundary line of the said Southwest 1/4; thence parallel with and 32 feet Southerly from said Northerly boundary line of the Southwest Y, South 89'12'03" East, 2,253.56 feet to a point 32 feet Westerly of the Easterly boundary line of said Southwest s/4; thence parallel with and 32 feet Westerly of said Easterly boundary line of the Southwest 1/4, South 00"3550" West, 1,220.44 feet; thence South 45'0900" West, 47.59 feet; thence parallel with and 65.30 feet Westerly of said Easterly boundary line of the Southwest 1/, South 00'35'50" West, 58.79 feet to a point on the Northerly right-of-way line of 1-84; thence along said Northerly right-of-way line North 89`33'51" West, 116.70 feet; thence parallel with and 182 feet Westerly of said Easterly boundary line of the Southwest'/, North 00'35'50" East, 100.00 feet; thence parallel with and 100 feet Northerly of said Northerly right-of-way line South 89"3351" East, 100.00 feet to a point 82 feet Westerly of said Easterly boundary line of the Southwest 1/4; thence parallel with and 82 feet Westerly of said Easterly boundary line of the Southwest 1/4, North 00"35'50" east, 1,163.45 feet to a point being 82 feet South of said Northerly boundary line of the Southwest Y4; thence parallel with and 82 feet Southerly from said Northerly boundary line of the Southwest 1/, North 89 ° 12'03" West, 2,185.11 feet; thence South 49'56'26" West, 79.45 feet; thence North 87'29'17' West, 329.09 feet to a point on said Westerly boundary of the Southwest 1/4; thence along said Westerly boundary of the Southwest'/, North 00'30'19" East, 50.03 feet to the POINT OF BEGINNING. Containing 4.656 acres, more or less. END OF DESCRIPTION / ° Prepared by: ° �, 8575 J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. �o rF or �4Z 0 M RMHlgeh:lhc P:\PH00.05.135 - Black Cat Phase 3\Easements\SMITH-TEMP-N2SW4-SEC14.doc S00'35'S0"w S0'sow 035 • 9 r---,—_ . � I —,_w — , — I ISI N06:5g50E — _ — — — — — ! 4 — ,III Iii I� l I I NCO '50E I I I 100.00 , wI I I I I I I I I x� j I I I I I I ( I I f I I I EXISTING PURDAM DRAIN EASEMENT I , / 0 ISI I� �I I$/ / / I rrr rr r r r ' EXISTING PURDAM DRAIN EASMIENT lit r 200 40 �� SCALE: 1 "=200 0 aLurxrru. Nim s r ul .a.,A.,.. n..� 8575 S-6-0(0 B-1 SMITH TEMPORARY CONSTRUcT.ION EASEMENT C -i I ISI I� I ISI IM I I ,III Iii I� l S00'30'i9"w II 74.'1' I J w 1/4 COR. SEC. 14 N0030'1VE 50.03' P.O.B. aLurxrru. Nim s r ul .a.,A.,.. n..� 8575 S-6-0(0 B-1 SMITH TEMPORARY CONSTRUcT.ION EASEMENT C -i J U L 13 2006 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 07/13/2006 Re: Proposed Agenda Item for July 18, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 18 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for Steven C Smith. A permanent and temporary easement has been signed Steven C Smith for the construction of the sanitary sewer on his property for the Black Cat Phase 3 Trunk. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on this property for the Black Cat Phase 3 Trunk and authorize the Mayor to sign it. 2. Black Cat Trunk Sewer — Phase 4. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $125,315. This is an extension of the agreement between the City of Meridian and JUB Engineers, Inc. approved by City Council on the 2e of January, 2003 for the Black Cat Trunk Sewer and Lift Station Project This project provides engineering services for the design of Phase 4 of the Black Cat Trunk Sewer which encompasses approximately 7,800 lineal feet from Overland Road to Victory Road. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Trunk Sewer — Phase 4 with JUB Engineers, Inc. for $125,315 and authorize the Mayor to sign it. 0 Page 1 Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 0 i City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-05-135 Black Cat Sewer Phase 3 Parcel # and Owner: S1214325500 & S1214314806 Steven C. Smith Date of Offer: May 25, 2006 THIS RIGHT-OF-WAY CONTRACT, made this day of—KkY2006, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Steven C. Smith , herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA EASEMENT VALUE (Ftz) ($) Permanent Easement 130,157 $325,393.00 Temporary Easement 202,815 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $50,704.00 $376,097.00 B. The CITY agrees to provide GRANTOR with block-outs from the trunk sewer manholes at mutually agreed to locations where the trunk sewer traverses the subject parcel. C. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction. D. The CITY agrees to provide an allowance for the permanent relocation of irrigation and drainage systems to be completed by the GRANTOR. Said allowance shall not exceed $20,000.00. 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: X Cash Payment* in the amount of $200,000.00 T Donation value of the easement $176,097.00 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the//terms set forth herein. (P• C:�j, C:/1Nw.et %C�•..+ Co..��I'ac7'ii1N 't"A/ ? Bi,�' i /' e3 !w r l o b Ar ! f y P J 5 r• �� d C +' •'► Jr•� P4'!/ rr.Jd...� a4 --c4 Luh,,. Page l of 2 \18niscfilcn\Public\Prn,j�tMunugcm\PHK\I!)-()$�I j$ -Black Cat Phn.,c 3\EaccmcntslSmithlSicvcn Smith contruct3.doc • IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN GRANTORS / A'/ z V— Tammy de Weerd, Mayor Steven C. Smith, Owner Date: Date: -3h ATTEST: William Berg, Jr., City Clerk Date approved by Council: Page 2 of 2 \\Baicefiles\PuhlicWrojectManagers\PHK\10.05-135 -Black Cat Phase 3\Easements\SmithlSteven Smith con[rea3.doc SANITARY SEWER EASEMENT THIS INDENTURE, effective this ,day of 5w) , 2006, by the undersigned Steven C. Smith, who maintains a mailing address of 19 1 S. Saturn Way, Ste. 100, Boise, ID 83709, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1 and B-1) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this permanent easement. Page 1 of 3 SANITARY SEWER EASEMENT 2. HOLD HARMLESS, In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein` weept flu G,. �� ahA/7hyNc A, 0";/)/ 14re i �S S%�n,�e�t i j %..e @H3�f.nf,, THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whosoever,/ r/ �«� t �� A+A �tr1 a fi pu 6/, ��er�) A,,.� e9s¢.neA11j u.-&.4 614 N/m-i /A, IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures 3a the day and year first hereinabove written.wl" 6 ' �;.5 0 - ria✓- TIAld Grantor Steven C. Smith STATE OF IDAHO) ) ss County of Ada ) On this day of , 2006, before me , personally appeared , proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. NOTARY PUBLIC FOR IDAHO My Commission Expires on SANITARY SEWER EASEMENT Page 2of3 Naua'►L* 0 STATE OF IDAHO County of Ada . ss. On this Jl`` t day of July, 2006, before me, -Dee_- 1 o d 2 C-� a Notary Public, personally appeared Robert L. Phillips, Attorney -in -Fact for Steven C. Smith, and to me personally known, who being duly sworn, did say that he is the Attorney -in - Fact for Steven C. Smith, who executed the within instrument. Notary Public for Idaho ,. +G Residing at: ? % PVA �,'. , .` My Commission expires: _a 6 ^-� 0 �''•.;sTATE �F�.••�� 0ft01�11101 01 0 Beneficiary: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: Page 3 of 3 SANITARY SEWER EASEMENT Project: 10-05-135 Date: March 6, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of said Southwest %4 of Section 14; thence along the Westerly boundary of said Southwest 1/, South 00°30'19" West, 42.09 feet to the POINT OF BEGINNING; thence South 87°29'17" East, 300.01 feet; thence North 49°56'26" East, 78.05 feet to a point on the Northerly boundary line of the said Southwest %; thence South 89"12'03" East, 2,297.37 feet along said Northerly boundary line of the Southwest 1/4 to the Northeast corner of said Southwest 1/4; thence along the Easterly boundary line of said Southwest 1/, South 00'35'50" West, 1,344.93 feet to a point on the Northerly right-of-way line of 1-84; thence along said Northerly right-of-way line North 89°33'51" West, 65.30 feet; thence parallel with and 65.30 feet Westerly of said Easterly boundary line of said Southwest'/, North 00'35'50" East, 58.79 feet; thence North 45°00'00" East 47.59 feet; thence parallel with and 32.00 feet Westerly of said Easterly boundary line of the Southwest 1/4, North 00'35'50" East, 1,220.44 feet to a point 32 feet South of said Northerly boundary line of said Southwest 1/; thence parallel with and 32 feet Southerly from said Northerly boundary line of the Southwest 1/4, North 89'1 TOY West, 2,253.56 feet; thence South 49°56'26" West, 78.59 feet; thence North 87°29'17" West, 311.36 feet; to a point on said Westerly boundary of the Southwest'/; thence along said Westerly boundary of the Southwest 1/4, North 00'30'19" East, 32.02 feet to the POINT OF BEGINNING. Containing 2.988 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. D Ronald M. Hodge, P.L.S. �pC� �o C) 8575 3"�o•DG° �q ID� or r V RMH/geh:lhc P:\PHK\10-05-135 - Black Cat Phase 3\Easements\SMITH-PERM-N2SW4_SEC14.doc r— ---- S00'35'50'W 1344.93' _.—_.-------------- 1 _ —L I r 0-- N0035SE --12207' ----------------- --------------------------- ! N45'DO'00'E 47.59 0" I iI o NOD38E J —m I 1 i Z I I I i I I I i I I I i I I i EXISTING PURDAM DRAIN EASEMENT 1 I ( 1 1 ( I / I al to I rnl >10D' EXISTING PURDAM DRAIN EASEMENT MCI 200 .0°SCALE: 1"=200 N 0) co s00*30'1 sew IIr I 42.09' V) I I I z ! N J W1, 1 COR. N00'30'19`E SEC. 14 32.02' P.O.B. sU3W. *MLEOP6Rl1'OF PLOT itAS ��. ��� EU9ED.WN?IOI.EORPMf, PL0T6CALEtsoc DRAM iMN Sr.B&1K oE816N BY: TUC .gaNyPn. Plamrf 8575 3-&•dcp EXHIBIT A- OF 1 SMITH PERMANENT SEWER EASEMENT 1 1 Project: 11873 Date: March 6, 2006 EXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southwest 1/ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest comer of said Southwest 1/ of Section 14; thence along the Westerly boundary of said Southwest 1/4, South 00'30'19" West, 74.11 feet to the POINT OF BEGINNING; thence South 87`29'17" East, 311.36 feet; thence North 49"56'26" East, 78.59 feet to a point 32 feet South of the Northerly boundary line of the said Southwest 1/a; thence parallel with and 32 feet Southerly from said Northerly boundary line of the Southwest 1/4, South 89°12'03" East, 2,253.56 feet to a point 32 feet Westerly of the Easterly boundary line of said Southwest 1/4; thence parallel with and 32 feet Westerly of said Easterly boundary line of the Southwest 1/4, South 00°35'50" West, 1,220.44 feet; thence South 45 ° 00'00" West, 47.59 feet; thence parallel with and 65.30 feet Westerly of said Easterly boundary line of the Southwest 1/4, South 00'35'50" West, 58.79 feet to a point on the Northerly right-of-way line of 1-84; thence along said Northerly right-of-way line North 89°33'51" West, 116.70 feet; thence parallel with and 182 feet Westerly of said Easterly boundary line of the Southwest 1/4, North 00°35'50" East, 100.00 feet; thence parallel with and 100 feet Northerly of said Northerly right-of-way line South 89'33'51" East, 100.00 feet to a point 82 feet Westerly of said Easterly boundary line of the Southwest //; thence parallel with and 82 feet Westerly of said Easterly boundary line of the Southwest 1/, North 00'35'50" east, 1,163.45 feet to a point being 82 feet South of said Northerly boundary line of the Southwest 1/; thence parallel with and 82 feet Southerly from said Northerly boundary line of the Southwest 1/4, North 89'12'03" West, 2,185.11 feet; thence South 49°56'26" West, 79.45 feet; thence North 87'29'1T' West, 329.09 feet to a point on said Westerly boundary of the Southwest 1/4; thence along said Westerly boundary of the Southwest 1/4, North 00"30'19" East, 50.03 feet to the POINT OF BEGINNING. Containing 4.656 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. ry O 8575 �^� 3'Df•.pdo RMH/geh:lhc PAPHK\10-05-135 - Black Cat Phase 3\Easements\SMITH-TEMP-N2SW4_SEC14.doc sool5'So"W ___ 5879' _ 345'00'00"W I'--_—_ S00'35`50"W— ,-- _t220.44'------- 47.59r T— 1 I — NoF35'50"E ---^-- 1163.45•-----' w 1 I I ( dol r ( I W�LIr � 1 NOD '35'S0"E r ( 1 100.00'Go I so I I I I i I Z ( I i I r I ( I r 1 ( 1 I (�� I EXISTING PURDAH DRAIN EASEMENT 7 7 � � I I I i i I 1. r i dol (o i i Iri Iriv Imo( 1z II , `EXISTING PURDAM DRAIN EASBENT i I I, �• ���s�. z0 luo 200 SCALE: 1 "=200' o 8575 3.6.0(0 0 ''^4°'••^'�'' SMITH TEMPORARY CONSTRUCTION EASEMENT SHEET I 1 r ISI I I I'PI 1 i ISI I S00'30'� 9"W i ( I 74.1,1' Do z J W 1/4 COR. NDO'30'19'E SEC. 14 PggO�E�yg.��BQQ. 50.03' ,ERTY OF . �I�BTJMILI—AMD 18 HOT TOSEUSED. Ri WHOE Oft PARE. P101'SW.E:I'190 M ■ �w�"�HER PROJECT WTIH"TRE EAPRm OF l.Ud eMNlRP.4S_ lK. W WTTCN DRAWUO Mo. \\\IOM 8575 3.6.0(0 0 ''^4°'••^'�'' SMITH TEMPORARY CONSTRUCTION EASEMENT SHEET I 1 • 0 July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT ITEM NO. S -O REQUEST Agreement for Professional Services for Black Cat Trunk Sewer Phase 4 with JUB Engineers: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Agreement 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. To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 07/13/2006 Re: Proposed Agenda Item for July 18, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 18 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temnorary Easement Contract for Steven C Smith A permanent and temporary easement has been signed Steven C Smith for the construction of the sanitary sewer on his property for the Black Cat Phase 3 Trunk. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on this property for the Black Cat Phase 3 Trunk and authorize the Mayor to sign it. Y2. Black Cat Trunk Sewer — Phase 4. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $125,315. This is an extension of the agreement between the City of Meridian and JUB Engineers, Inc. approved by City Council on the 28th of January, 2003 for the Black Cat Trunk Sewer and Lift Station Project. This project provides engineering services for the design of Phase 4 of the Black Cat Trunk Sewer which encompasses approximately 7,800 lineal feet from Overland Road to Victory Road. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Trunk Sewer — Phase 4 with JUB Engineers, Inc. for $125,315 and authorize the Mayor to sign it. • Page 1 Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 (J U -B J -U -B ENGINEERS, Inc. SF330 Code SO4 J.u-a ENGINEERS, Inc- AGREEMENT FOR PROFESSIONAL SERVICES PM Initials PHK EERB ENOIN• SURVEYORS - PLANNERS J -U -B Project No.: 10-06-059 THIS AGREEMENT entered into this day of 2006. between City of Meridian, hereinafter referred to as the "CLIENT" and J -U -B ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as "J -U -B". WITNESSETH: WHEREAS the CLIENT intends to: design the Black Cat Phase 4 Droiect as described in Attachment "B" hereinafter referred to as the "Project; NOW, THEREFORE, the CLIENT and J -U -B, in consideration oftheirmutual covenants herein, agree as setforth below: MUTUAL RESPONSIBILITIES: This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, the CLIENT and J -U -B, with a positive commitrnentto honesty and integrity, agree that each will assist in the otherperformance; 's perfoance; that each will avoid hindering the other's performance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavorof the Agreement. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J -U -B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J -U -B can rely for completeness and accuracy. The CLIENT will furnish to J -U -B all data, documents, and other items in CLIENTS possession, or reasonably obtainable by CLIENT, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions, rules and laws; and other special data or consultations, all of which J -U -B may use and rely upon in performing Services under this Agreement. The CLIENT shall designate a representative with authority to bind the CLIENT. The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses required by local, state, province or federal authorities, and all land, easement, rights -of -ways and access necessary for J -U -B's Services and Project construction. In addition, the CLIENT will furnish to J -U -B: Items listed in Attachment "C" PROJECT REPRESENTATIVES The CLIENT and J -U -B hereby designate their authorized representatives to act on their behalf with respect to the services and responsibilities underthis Agreement. The following designated representatives are authorized to receive notices, transmit information and make decisions regarding the Project on behalf of their respective parties, except as expressly limited herein. These representatives are not authorized to alter or modify the terms and conditions of this Agreement. For the CLIENT: 1. Name Brad Watson, P.E. Work telephone (208) 898-5500 Address City of Meridian Home telephone . 660 E. Watertower, 2"d Floor FAX telephone Meridian, ID 83642 E-mail address Special provisions or limitations: (208)898-9551 watsonb@meridianci .org For J -U -B: 1. Name Phillip H. Krichbaum, P.E. Work telephone (208) 376-7330 Address J -U -B ENGINEERS, Inc. Home telephone 250 S. Beechwood Avenue #201 FAX telephone (208) 323-9336 Boise, ID 83709 E-mail address phk@jub.com Special provisions or limitations: Page 1 of 4 In the event any changes are mail the authorized representatives or other informatiAted above, the CLIENT and J -U -B agree to furnish each other timely, written notice of such changes. SERVICES TO BE PERFORMED BY J -U -B ("Services") J -U -B will comolete those services listed in Attachment "B" J -U -B assumes no responsibility to perform services not listed. Services which J -U -B performs at the request or acquiescence of the CLIENT that are not listed are "Additional Services". SCHEDULE OF SERVICES TO BE PERFORMED J -U -B will perform said Services as follows: In a timely manner. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the CLIENT or for delays or other causes beyond J -U -B's control. BASIS OF FEE The CLIENT will pay J -U -B for their Services and reimbursable expenses as follows: As listed in Attachment "D" The CLIENT will pay J -U -B for all Additional Services on a time and materials basis. File Folder Title: MERIDIAN, CITY OF - Black Cat Tnink Sewer- Phase 4 Remarks: The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J -U -B: _ City of Meridian 250 South Beechwood Avenue, Suite 201 NAME STREET 660 E. Watertower, 2"d Floor Bois Idaho 83709 STREET 4BYSi:gn-ature)Z'P TAC D Meridian, ID 83642CITY / STATE /ZIP CODE (Signature) Tammy de Weerd, Mayor NAME / TITLE BY (Signature) NAME / TITLE _ Phillip H. Krichbaum, P.E., Project Manager NAME / TITLE DISTRIBUTION: White - Corporate; Yellow - Office; Pink - Project; Goldenrod - Client Page 2 of 4 REV: 11/8/04 J -U -B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL J -U -B shall provide for the CLIENT professional Services as set forth herein. The Services will be performed in accordance with generally accepted professional practices for the intended use of the Project J -U -B MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The CLIENT acknowledges and agrees that legal requirements governing the Project may be subject to various and possibly contradictory interpretations; and, J -U -B will therefore use its reasonable professional efforts and judgment to interpret such requirements. J -U -B shall not be responsible for acts or omissions of any party involved in the Project other than their own, including but not limited to failure of a third party to follow J -U -B's recommendations; the means, methods, techniques, sequences or procedures of construction selected by CLIENT or third parties; safety programs and precautions selected by third parties; compliance with laws, rules, regulations, ordinances, codes, orders or authority by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties. CLIENT therefore indemnifies and holds J -U -B harmless from the actions and omissions of CLIENT and third parties involved in the Project. J -U -B shall not be required to sign any documents, no matter by whom requested, that would result in J -U -B's having to certify, guarantee or warrant the existence of conditions whose existence J -U -B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with J -U -B or payment of any amount due to J -U -B in anyway contingent upon J -U -B signing any such certification. In soil investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points and sample intervals. J -U -B will coordinate this work in accordance with generally accepted practice of the professional Services being provided and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute Additional Services. CONSTRUCTION PHASE SERVICES Unless otherwise agreed, J -U -B's Services under this Agreement will be considered to be complete and final upon completion of the Services described herein. Unless otherwise agreed, it is understood and agreed that J -U -B's Services under this Agreement do not include Project observation, review of the contractor's performance, or any other construction phase services, and the CLIENT assumes all responsibility for interpretation of the documents associated with the Project and for construction observation or review, and indemnifies J -U -B from and waives any claims against J -U -B that may be in any way connected thereto or arise therefrom. It is further understood and agreed that J -U -B does not have control over, and neither the professional activities of J -U -B nor the presence of J -U -B at the Project site shall give J -U -B control over contractor(s) work nor shall J -U -B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J -U -B can neither guarantee the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s) failure to furnish and perform their work in accordance with the contract documents. The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the CLIENT's contract with the general contractor. The CLIENT also agrees that the CLIENT, J -U -B and J -U -B's subconsultants shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be made additional insureds under the general Contractor's policies of general liability insurance. OPINIONS OF COST Since J -U -B has no control over the cost of labor, materials, equipment or services fumished by others, or over the contractors)' methods of determining,prices, or over competitive bidding or market conditions, J -U -B's opinions of�probable total Project costs and construction, if any, are to be made on the basis of J -U -B's experience and qualifications, and represent J -U -B's best judgment as an experienced and qualified professional engineer, familiar with the construction industry, but J -U -B cannot and does not guarantee that proposals, bids or actual total project or construction costs will not vary from opinions of probable cost prepared byJ-U-B. if the CLIENT wishes greater assurance as to total projector construction costs, CLIENT shall employ an independent cost estimator. J -U -B's services to modify the Project to bring the construction costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media and other communication or information formats ("Documer�ts�, prepared orfumished byJ-U-B pursuant to this Agreement are instruments of service with respect to the Project and shall remain the property of J -U -B whether or not the Project is completed. Although CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT, J -U -B shall retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused without J -U -B's written consent. Any reuse without written consent by J -U -B, or without verification or adoption by J -U -B for the specific purpose intended by the reuse, will beat CLIENT's sole risk and without liability or legal exposure to J -U -B. The CLIENT shall indemnify and hold J -U -B harmless from any claims, damages, losses and expenses arising out of or resulting from such reuse. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also know as hard copies) that are signed orsealed by J -U -B. Files in electronic media format of text, data, graphics, or of other types that are furnished by J -U -B to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the users sole risk. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the CLIENT agrees that it will perform acceptance tests or procedures within 60 days, afterwhich the CLIENT shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected byJ-U-B. J -U -B shall not be responsible to maintain documents stored in electronic media format after acceptance by CLIENT. When transferring documents in electronic media format, J -U -B makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by J -U -B at the beginning of this Project. TIMES OF PAYMENTS J -U -B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within ten (10) days after receipt of J -U -B's statement, the amounts due J -U -B will accrue interest at the rate of 1 % per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement, J -U -B may suspend performance of Services upon five (5) days notice to the CLIENT. J -U -B shall have no liability whatsoeverto the CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J -U -B shall resume Services under the Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessaryfor J -U -B to resume performance. If the CLIENT fails to make payment as provided herein within thirty (30) days after suspension of Services, such failure shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by J -U -B. Page 3 of 4 ► , TERMINATION • S The obligation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, J -U -B will be paid for Services rendered and for expenses incurred to the date of such termination, plus an allowance for demobilization costs as determined by J -U -B. Such demobilization costs shall be the cost and expense J -U -B incurs in withdrawing its labor and resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the Project and J -U -B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the total combined liability of J -U -B, its agents, employees, and insurers, to the CLIENT, directly or through third parties for all injuries, claims, expenses, costs and fees, damages or claims of expenses arising out of this Agreement from any cause, shall not exceed the amount of J -U -B's fees, as of the date of this Agreement. Such causes include, but are not limited to, J -U -B's negligence, errors, omissions, strict liability, and breach of this Agreement. In no event shall J -U -B be liable for any incidental, indirect or consequential damages. The Client agrees that J -U -B is not responsible for damages arising directly or indirectly from any delays for causes beyond J -U -B's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency or other third party to act in a timely manner, failure of performance by the CLIENT or the CLIENTs contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J -U -B to perform its services in an orderly and efficient manner, J -U -B shall be entitled to an equitable adjustment in schedule and compensation. HAZARDOUS WASTE AND ASBESTOS The CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless J -U -B, its officers, partners, employees and consultants (collectively, J -U -B) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attomeys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of J -U -B. RIGHT OF ENTRY The CLIENT shall provide for J -U -B's right to enter the properly owned bythe CLIENT and others in orderfor J -U -B to fulfill the Services to be Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J -U -B, it's officers, directors, employees and subconsultants (collectively, J -U -B) against any damages, liabilities or costs, including reasonable attomeys' fees and defense costs, arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous materials or suspected hazardous materials on the property. MEDIATION BEFORE LITIGATION In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the CLIENT and J -U -B agree that all disputes between them arising out of or relating to this Agreement or the Project, except forthe payment of J -U -B's fees, shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors and consultants on the Project, and also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses including attorney's fees as may be set by a court. SURVIVAL Notwithstanding completion ortermination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J -U -B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J -U -B. SUCCESSORS AND ASSIGNS CLIENT and J -U -B are hereby bound, and the partners, successors, executors, administrators and legal representatives of such other party, in respect of all the covenants, agreements and obligations of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J -U -B. J -U -B's services under this Agreement are being performed solely for the CLIENTs benefit, and no other party or entity shall have any claim against J -U -B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim, CLIENT agrees to indemnify and hold J -U -B harmless from the same. The CLIENT and J -U -B agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in the Project to cant' out the intent of this provision. CONTROLLING LAW, JURISDICTION, AND VENUE This Agreement is to be governed by the law of the State of Idaho, principal place of business of J -U -B. Any action or proceeding arising from or in connection with this Agreement shall subject to the exclusive jurisdiction of the State of Idaho. Venue shall be proper in Ada County. Page 4 of 4 J -U -B ENGINEERS, Inc. 0 Attachment W- 10-06-059 CITY OF MERIDIAN BLACK CAT TRUNK SEWER - PHASE 4 ATTACHMENT "A" - REVISIONS TO TERMS AND CONDITIONS OF THE AGREEMENT FOR PROFESSIONAL SERVICES 1. The following paragraph shall be added to Section "RISK ALLOCATION". ENGINEER agrees to indemnify and hold harmless, at its expense, OWNER and its directors, officers, and employees from and against loss, liability, and damages to which they or any of them may be put or subjected to arising out of or resulting from the performance of this Agreement, which damage, loss, or expense is caused by acts, errors, or omissions due to negligence of ENGINEER in the performance of its services; provided, however, that ENGINEER's liability under this subparagraph shall not result from or be attributable to: 1. The negligence, conduct, or lawful responsibility of the OWNER, its directors, officers, employees, contractors or subcontractors, and all workmen and persons employed by them or otherwise under their control, or 2. _ Engineering -related or other improvements to the project (betterment) that are the lawful responsibility of OWNER. City ofMeridtan — Black Cat Trunk Sewer — Phase 4 Page - I J -U-8 ENGINEERS, Inc. Attachment 'B'- 10-06-059 CITY OF MERIDIAN BLACK CAT TRUNK SEWER - PHASE 4 This project provides design of the extension of the Black Cat Trunk Sewer, Phase 4 as described herein and shown on Figure 1. It is assumed that the project will be designed as one (1) bid package, and that the City wit[ serve as the Engineer during construction phases. Table of Contents: Attachment "B" - Scope of Engineering Services • Task A - Project Meetings • Task B - Preliminary and Final Design • Task C - Additional Services • Task D - Agency Coordination and Permitting • Task E - Easements and Private Development Coordination • Exhibit A-1 - Labor and Equipment Detail • Figure 1 - Proiect Overview Attachment "C" - Items Provided by City Attachment "D" - Fee Schedule City of Mertdum —Black Cat Trunk Sewer — Phase 4 Page -1 .I -U -B ENGINEERS, Inc. Attachment W- 10.06-059 New CITY OF MERIDIAN BLACK CAT TRUNK SEWER - PHASE 4 Attachment "B" - Scope of Engineering Services Task A -Project Meetings 1. Project Meetines A. Attend a kick-off meeting with the Public Works Staff. B. Attend progress meetings, as required over the duration of the project for the purpose of updating the City, presenting information, designs, and facilitation of issues. An assumed number of meetings is shown on Exhibit A-1. C. Arrange and conduct a neighborhood meeting for the residents of Bear Creek Subdivision for the purpose of informing homeowners of the project and identifying neighborhood concerns and issues. Task B -Preliminary and Final Design The project will design Phase 4 of the Black Cat Trunk sewer which encompasses approximately 7,400 lineal feet from Stoddard Road, west of the Bear Creek Park southwesterly to Victory Road as shown on the attached Figure 1. 1. Trunk Sewer Preliminary Design A. Research, Control, and Topographic Survey and Mapping 1. Research Ada County Surveyor's records for survey monuments to add in establishing horizontal control and include research of land monuments, plats, records of survey, right-of-ways, and easements of record along the preferred trunk sewer alignments. Horizontal coordinate system shall be based on NAD 1983 translated to the Ada County G.I.S. system. Vertical control shall be based on NAVD 1988. 2. Establish temporary construction benchmarks ( T.B.M.'s) and control points at 1000' intervals. 3. Contact utility companies ( gas, power, telephone, storm drain, cable T.V., street lighting, traffic signals, irrigation) and other utilities identified along the alignment prior to survey to request field locations of utilities and to obtain available utility mapping. 4. Complete topographic survey along the alignments as generally shown on Figure 1. Additional limits of topographic survey shall be as follows: 1) Alignments in public ROW will generally be full ROW width. Alignments in undeveloped areas will encompass a 100' width along the selected alignment. 5. Complete topographic mapping in AutoCAD 2005. The anticipated scale of the plan and profile drawings will be 1 "=50' and 1 "=5' vertical scale. Topographic features shall be depicted using standard symbols. Topographic features shall be shown on the construction plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County G.I.S. mapping. Where easements are to be secured, property lines shall be determined using research from title reports and field search of found land monuments. City of Meridian —Black Cat Trunk Sewer— Phase 4 Page - 2 d -U -B ENGINEERS, Inc. Attochment 'B' - 10-06-059 B. Basic Design of Trunk Sewer(60%) 1. Complete preliminary design of the preferred trunk sewer alignment with considerations on constructability, surface disturbance, impact to drains, sanitary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, easement issues, and other pertinent design issues. If the downstream point of connection has not been constructed by private development, then available construction plans will be referenced in the design. Provisions to determine manhole locations, and stub -outs will be made where available development plans exist as specifically requested by the City. For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. 2. Design details for the trunk sewer will be provided including: horizontal bore/jack undercrossing of Meridian Road; trench and bedding details, connection details, surface details, and other special details needed for construction. 3. Design half -lane width roadway repair in Bear Creek Subdivision where impacted from the trunk sewers. Design half width roadway repair of Stoddard Road and Victory Road where impacted by trunk sewer. Repair shall be limited to existing pavement widths and construction access within existing ROW's. Design shall not include considerations with roadway drainage, ultimate road width or alignment. 4. Perform design drafting in AutoCAD 2005 of the construction plans which will include project title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair, boring details, property lines, easements, found monuments and property corners, land ownerships, survey control, pay limits, special details necessary for a biddable product. Drafting shall be completed on 22"x34" mylars, ANSI standard size "D" sheets. To the extent practicable, the 2002 City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. C. Final Design and Construction Plans 1. Prepare 90% complete construction plans and contract documents. It is anticipated that one(1) construction package will be prepared for the Black Cat Trunk Sewer - Phase 4. 2. Prepare technical specifications in accordance with the 2005 Edition of the Idaho Standard Public Works Construction (ISPWC) format, and City Standard Specifications and Drawings. J -U -B shall be responsible for preparing special provisions necessary for the project. Contact Documents will be prepared using ISPWC standard front-end documents and City revisions. Contract documents shall be completed on a word processing system compatible with Microsoft Word. 3. Submit three (3) sets to the City for review. 4. Provide estimate of probable construction cost. 5. Meet with City and incorporate review comments. 6. Prepare 100% complete construction plans and contract document for City review and for agency review and approvals. Provide an estimate of probable construction cost. Meet with City and incorporate review comments. 7. Incorporate appropriate revisions as suggested by the City and reviewing agencies in the final set of plans and contract documents. City of Meridian Black Cat Trunk Sewer — Phase 4 Page - 3 J -U -B ENGINEERS, Inc. Attachment 'B'- 10-06-059 8. Develop and issue to the City a final opinion of probable construction cost. D. Constructability Review and QA/QC Review 1. Complete in-house constructability review and QA/QC review of the 90% complete construction plans and contract documents. Incorporate appropriate suggestions into project design. Task C - Trunk Sewer Additional Services 1. Waterway Crossings A. Hardin Drain Crossings It is not known if a crossing of the Hardin Drain will be required. For the purpose of estimating fees, this work will 1. Design and prepare details for the open trench crossing of the Hardin Drain Crossing in accordance with USCOE 404 permitting requirements. Note that the USCOEADWR 404 permitting work is provided under a separate Task D - Agency Coordination and Permitting. 2. Prepare details and technical specifications for work within the jurisdictional limits. 2. Geotechnical Investigation and Analysis J -U -B will retain the services of an Idaho licensed geotechnical subconsultant to provide a geotechnical reconnaissance and related geotechnical engineering support services as described below. The focus of the exploration will be to provide the design team base data and information to Bidders on subsurface conditions near the proposed Meridian Road bored undercrossing. The cost listed in Exhibit A-1 is budgetary value. An estimate from Strata, Inc. will be provided for review to the City. 1. Field Investigation: a. Obtain all necessary permits for the drilling and/or test pits. b. Complete four (4) borings or test pits on the Black Cat Trunk - Phase 4. c. Complete sampling, logging, and classification of soils. d. Set four (4) groundwater monitoring piezometer at locations yet to be determined. e. Monitor monthly during key seasonal periods over the course of six (6) months. f. Abandon piezometers per State of Idaho Rules and Regulations. 2. Analysis and Report a. Review available geologic and geotechnical information in the area. b. Develop recommendations for trunk sewer trenching, boring pit excavation, bedding, trench foundation materials, filter fabric, boring, dewatering, and compaction. c. Prepare a draft summary letter report and submit three (3) copies to JUB and the City for review. d. Incorporate the review comments and publish four (4) copies of the final report. Clty of Merldlan Black Cat Trunk Sewer — Phase 4 Page - 4 J -U -B ENGINEERS, Inc. Attachment '8'- 10-06-059 Task Q - Agency Coordination and Permitting 1. Agency Coordination and Permitting A. ITD and ACHD Coordination Coordinate alignments with the ITD and ACHD to aid establishing corridors. This is anticipated to include: 1) Arrange and meet with ITD representatives to review design requirements for boring: 2) Obtaining pertinent design requirements and material specifications for proposed improvements; 3) Obtaining record drawings of improvements in the project vicinity; 5) Completing the necessary utility permit application with ITD for the bored undercrossing and trenching within ITD rights -of - ways. B. Drainage/Irrigation District Coordination and Permitting 1. Permitting with Nampa -Meridian Irrigation District will be required. J -U -B wilt coordinate and submit 90% complete plans to the NMID for review prior to initiating the license agreement. 2. For the purpose of estimating this Scope of Service, it is assumed that one license agreement will be required for the trunk sewer along the Hardin Drain. JUB will prepare the necessary license agreement applications, legal descriptions and exhibits. C. USCOE 404 Coordination and Permitting 1. This task encompasses the design and permitting of open trench crossings of drains and irrigation laterals that may be under the jurisdiction of the U.S. Army Corps of Engineers(USCOE) requiring 404 permitting. For the purpose of estimating fees in the Scope of Services, preparation of one(1) Nationwide 12, 404 permit is assumed to complete the crossings. 2. Complete a field visit with representatives from the USCOE to review project scope and waterways. The field meeting will determine if a joint 404 permitting is required. Coordinate with the U.S. Army Corps of Engineers for crossing requirements and construction methods for preparation of a Nationwide 12, 404 permit for utility crossing or stream alterations. A wetland inventory study may be required at the crossings to define sensitive wetland areas and restoration requirements and will require an addendum to this Scope of Services. 3. Supplemental topographic survey may be required at the crossing site to develop a representative channel cross section. 4. A crossing plan, details, and specifications will be developed and 404 permit application submitted to the Corps of Engineers. 5. A legal description, exhibit, and easement document will be prepared and submitted to the Idaho Department of Lands(IDL) for processing (if required). 6. Final design and construction documents will include permit provisions and wetland mitigation requirements. D. IDEQ Submittal Packages I. J -U -B shall coordinate, prepare, and submit final construction plans, specifications, and checklists for approval to the Idaho Department of Environmental (IDEQ). For the purpose of these Scope of Services, it is assumed that one (1) submittal package will be required. 2. Incorporate applicable IDEQ review comments into the construction plans and specifications. City of Meridian —Black Cat Trunk Sewer — Phase 4 Page - 5 J -U -B ENGINEERS, Inc. 41 Attachment 'B' - 10-06-059 Task E - Easements and Private Development Coordination 1. Easement Acquisition The easement acquisition policy developed in the Black Cat Project - Phase 1 and 2 will be implemented with appropriate procedural and/or policy changes as directed by the City. A. Easement Identification and Preliminary Exhibits 1. Reconfirm easements required from preliminary engineering task. 2. Prepare preliminary easement maps using available COMPASS aerial mapping, Ada County G.I.S. base mapping, and preliminary alignments. These preliminary easement maps will be used for initial property owner contact. 3. Research Ada County G.I.S. data base to determine parcel tax identification number, and assessed value. B. Title Reports, Appraisals, and Easement Legal Descriptions 1. Initiate title reports for properties along the alignment corridors. For the purpose of estimating fees, three(3) parcels are assumed to be researched, at a cost of $300 per title report. 2. Employ a land appraiser acceptable to the City to complete the necessary appraisals of the easements. Appraisals will not be completed until a preliminary alignment has been completed and City approval has been granted. Copies of the appraisals will be made for the City and subject landowners. For the purpose of estimating fees, two(2) appraisals will be assumed. 3. Prepare legal descriptions and exhibit drawings necessary to secure easements. For the purpose of estimating fees, preparation of two(2) legal descriptions are assumed. C. Landowner Meetings and Negotiations 1. Initial Landowner Interviews: Meet with each affected property owner to review the Preliminary alignment maps, discuss easement acquisition process, confirm specific issues and concerns, request access to survey. For the purpose of estimating fees, (2) landowners are assumed. There will be two initial meetings with each landowner. Interview notes will be prepared documenting each interview meeting. 2. Informational Summaries: Summary memorandums will be compiled during the easement acquisition process listing landowner concerns, issues, and other informational highlights. It is assumed that over of the course of the project, two(2) summary memorandums will be prepared. 3. Easement Negotiations: Negotiate easement provisions as outlined in the easement acquisition policy established for the Black Cat project and as amended by the City. For the purpose of estimating fees, it is assumed that 2 landowners will be contacted, and each requiring two (2) meetings. 4. Prepare easement documents and worksheets. Note that legal descriptions are provided under Task E.1.B. City of Meridian Black Cat Trunk Sewer— Phase 4 Page - 6 J -U -B ENGINEERS, Inc. Attachment 'B' - 10-06-059 2. Private Development Coordination A. Coordination, Survey, and Design Modifications 1. Meet with private developers in the project, as specifically requested by the City, for the purpose of coordinating trunk sewer designs with private development plans. 2. Complete additional survey work, only when specifically requested by City to incorporate private development plans. This survey work shall be in addition to the work outlined in Task B and may include additional topographic survey, horizontal, and vertical control. 3. Incorporate trunk design modifications, as specifically requested by the City to incorporate private development. City ojMeridlan —Black Cat Trunk Sewer — Phase 4 Page - 7 J -U -B ENGINEERS, Inc. Attachment 'C'- 10-06-059 CITY OF MERIDIAN BLACK CAT TRUNK SEWER - PHASE 4 ATTACHMENT "C" - ITEMS PROVIDED BY THE CITY 1. Provide on-going review of J -U -B's work and timely considerations of policy issues within a time acceptable to the City and J -U -B. 2. Provide mailings and notices required for the neighborhood meetings. JUB will assist the City in preparation of any notices or informational summarizes. 3. Provide and arrange all meeting facilities for public meetings. 4. Provide legal council as required for consultation and legal opinions of project issues on an as needed basis. 5. Easements and Property Acquisitions: a. Authorization to acquire and pay for all costs associated with the acquisition of easements or real property. b. Process payments on negotiated parcels. C. City liaison person to assist with acquisition and resolution of disputes. d. Boilerplate sale and purchase agreement, and other pertinent documents used for acquisition. e. Easement boilerplate f. Review easement offer packages 6. Copies of development plans, concept plans, preliminary plats, etc. as available in the project area. 7. Copies of existing easements and license agreements in project area. 8. Pay for all permits, fees, or other payment required to secure permitting for the design and construction of the proposed improvements. 9. Record drawings of City facilities and other relevant City information of record in project area. 10. Provide a ITD and private development liaison/contact person. 11. Provide City personnel and equipment to field bate existing city facilities and other utilities that may represent a conflict to the proposed improvements. This may entail exploratory excavations to determine exact locations and depths of critical utilities prior to design. City of Meridian — Black Cat Trunk Sewer—Phase 4 Page -1 J -U -B ENGINEERS, Inc. 9 • Attachment V- 10-06-059 CITY OF MERIDIAN BLACK CAT TRUNK SEWER - PHASE 4 ATTACHMENT "D" - FEE SCHEDULE Basis of Fee and Billing Schedule The City shall pay J -U -B for its services and reimbursable expenses as follows. A detailed labor and equipment is presented in Exhibit "A-1 ": Task A - Project Meetings • Task A -Project Meetings Time and material basis with an estimated budget of .......................... :............ $4,045 Task B - Preliminary and Final Design • Task B - Trunk Sewer Lumpsum price................................................................................... $79,159 Task C - Trunk Sewer Additional Services • Tasks C - Additional Services Time and material basis with an estimated budget of ...................................... $10,113 Task D - Agency Coordination and Permitting • Tasks D - Agency Coordination and Permitting Time and material basis with an estimated budget of ...................................... $11,692 Task E - Easements and Private Development Coordination • Task EA - Easement Acquisition Time and material basis with an estimated budget of ..................................... $16,175 • Task E.2 - Private Development Coordination Time and material basis with an estimated budget of ....................................... $4,131 City of Meridian —Black Cat Trunk Sewer— Phase 4 Page -1 July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT ITEM NO. 5-P REQUEST Award Bid for Well No. 17 Pumping Plant to Treasure Valley Drilling & Pump Company: 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 See Attached Memo • Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CQ File, City Clerk, Finance (Keith W.) Date: 7/13/06 Re: July 18 City Council Meeting Agenda Items • JUL ? 3 2025 City Of Meridian CitY Clerk Office The Public Works Department respectfully requests that the following item be placed on the July 18 City Council Consent Agenda for Council's consideration. Well No. 17 Pumping Plant Bid Award. Under the recently revamped purchasing policy, we used the semi -formal bidding process to solicit bids for the Well No. 17 pumping plant Although our purchasing agent contacted numerous potential bidders, only one bid was received. The first attempt at soliciting bids (by our consultant and me) last month produced two non-responsive bids. As you may recall, Well No. 17 located on S. Locust Grove Road had very serious structural problems that were discovered last winter. The well itself has been repaired with more than a little difficulty and all that remains is the installation of the new pumping plant Recommended Council Action: Approve award of contract to Treasure Valley Drilling & Pump Company for Well No. 17 Pumping Plant for the lump sum amount of $32,844.00, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • Joll 19 5-P AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 19th day of J� u -, 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and _Treasure Valley Pump , hereinafter referred to as "CONTRACTOR", whose business address is 11487 State Highway 78, Givens Hot Springs ID 83641 and whose Public Works Contractor License # is C15542 INTRODUCTION Whereas, the City has a need for services involving Pumping Plant Installation ; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a FISCAL IMPACT ANALYSIS — page 1 of 11 0 • royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, FISCAL IMPACT ANALYSIS — page 2 of 11 0 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2006 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and FISCAL IMPACT ANALYSIS — page 3 of 11 specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. FISCAL IMPACT ANALYSIS — page 4 of 11 0 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. FISCAL IMPACT ANALYSIS — page 5 of 11 0 0 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Treasure Valley Puma Attn: Jack A. Young P.O. Box 547 Weiser, ID 83672 Idaho Public Works License #:C15542 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent FISCAL IMPACT ANALYSIS — page 6 of 11 0 0 jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. FISCAL IMPACT ANALYSIS — page 7 of 11 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. FISCAL IMPACT ANALYSIS — page 8 of 11 CITY OF MERIDIAN BY: TAMMY e EERD, MAYOR Dated: U Attest WILLIAM G. BE ,1 iiiiiirill" '%N-N/1"', ob T -� Approved as to Content Dated: -7— 2l --d Approved as to BY: TEWSX11RD, DEPUTY CITY ATTORNEY Dated CONTRACTOR -4LA4,V Q Y: Dated: ,awed f�cf Ce uKcT � -7 �� 8` �® Department Approval BY: NAME: Bt -ad ujQ$S0.1 TITLE: ks b l" c Work' 01 rec for Dated: 7 Z -7/6' FISCAL IMPACT ANALYSIS — page 9 of 11 Attachment A SCOPE OF WORK Supply and Install Pumping Plant for Well #17 per Specifications/Scope of Work included in Bid #PW -06-001, by reference made a part hereof. FISCAL IMPACT ANALYSIS — page 10 of 11 • Attachment B PAYMENT SCHEDULE • A. Total and complete compensation for this Agreement shall not exceed $32,844.00 and is payable upon completion of the project. TASK DESCRIPTION AMOUNT A. Supply and Install Pumping Plant @ Well #17. $32,844.00 TOTAL $329844.00 FISCAL IMPACT ANALYSIS — page 11 of 11 • July 14, 2006 C� MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT ITEM NO. 5-Q REQUEST Approve Agreement for Professional Services with BBC Research & Consulting for Fiscal Impact Analysis 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 See Attached Agreement AGREEMENT FOR _ PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7th day of July , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and BBC Research & Consulting___, hereinafter referred to as "CONSULTANT", whose business address is _3773 Cherry Creek North Drive Suite 850, Denver, Colorado 80209-3827. INTRODUCTION Whereas, the City has a need for services involving Fiscal Impact Analyte; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a FISCAL IMPACT ANALYSIS — page 1 of 10 royalty -free, non-exclusive, and- irrevocable license to reproduce, publish and use such work, or any"part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a time and materials/Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of the date each invoice Is approved by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, FISCAL IMPACT ANALYSIS — page 2 of 10 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2006 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or Injury to persons or property and losses and expenses and other costs including litigation costs and attomey's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the FISCAL IMPACT ANALYSIS — page 3 of 10 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate; Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attomeys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall Immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 BBC Research & Consuitino Attn: Tom in 3773 Cherry Creek North Drive, Suite 850 Denver, CO 83209-3827 FISCAL IMPACT ANALYSIS — page 4 of 10 Either parry may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: it is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of FISCAL IMPACT ANALYSIS — page 5 of 10 recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or In any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date FISCAL IMPACT ANALYSIS — page 6 of 10 thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severabliity: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. FISCAL IMPACT ANALYSIS — page 7 of 10 CITY OF MERIDAAAL BY: TAMMY a EERD, MAYOR e4;� Attest: WILLIAM G. BERG, JR., CIT As to Content CONSUJ1fA� BY, -- `►►►►uulHrl/rr,j b QA QS A . 638c OUGACKASfilb AGENT As to Form BY: WILLIAM L.M. NARY, CITY ATTOR EY FISCAL IMPACT ANALYSIS — page 8 of 10 Attachment A SCOPE OF SERVICES A. Conduct Fiscal Impact Analysis: 1. Produce Excel Model & Written Report by Task. a. Meet with Finance staff to obtain information on City's budget, tax rates, financial trends and existing level of service measurements. b. Conduct personal interviews with key General Fund department heads to access the ration of fixed vs. variable costs in their budget, and to understand their sensitivity to residential vs. commercial development. C. Prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to City staff for review. d. Finalize impact model spreadsheets and test the model by analyzing three land use scenarios which City identifies. e. Summarize findings in a draft report and submit to City. Report to contain methodology, model description, Interview results and land use scenario analysis results from prior tasks. f. Finalize report with Cities comments /suggestions. g. Present findings to Department Heads and at City Council Meeting. h. Conduct a model training session with Finance staff to enable City staff to perform fiscal impact analysis in-house. FISCAL IMPACT ANALYSIS -- page 9 of 10 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $12,000 excluding travel expenses. Fees will be billed for actual time worked at a rate of $120.00 per hour. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT A. Meet with Finance staff to obtain information on City's budget, tax rates, financial trends and existing level of service measurements. Conduct personal interviews with key General Fund department heads B. to access the ration of fixed vs. variable costs In their budget, and to understand their sensitiv to residential vs. commercial development. C. Prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to CiW staff for review. D. Finalize impact model spreadsheets and test the model by analyzing three land use scenarios which City identifies. Summarize findings in a draft report and submit to City. Report to E. contain methodology, model description, Interview results and land use scenario analysis Results from prior tasks. F. Finalize report with Cities comments / suggestions. (`-,, Present findings to Department Heads and at City Council Meeting. Conduct a model training session with Finance staff to enable City staff H. to perform fiscal impact analysis in-house. TOTAL $125000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FISCAL IMPACT ANALYSIS — page 10 of 10 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7th day of July , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and BBC Research & Consulting , hereinafter referred to as "CONSULTANT", whose business address is _3773 Cherry Creek North Drive, Suite 850, Denver, Colorado 80209-3827. INTRODUCTION Whereas, the City has a need for services involving Fiscal Impact Analysis; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a FISCAL IMPACT ANALYSIS — page 1 of 10 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a time and materials/Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of the date each invoice is approved by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, FISCAL IMPACT ANALYSIS — page 2 of 10 0 • retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2006 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the FISCAL IMPACT ANALYSIS — page 3 of 10 0 9 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 BBC Research & Consultina Attn: Tom Pippin 3773 Cherry Creek North Drive, Suite 850 Denver, CO 83209-3827 FISCAL IMPACT ANALYSIS — page 4 of 10 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of FISCAL IMPACT ANALYSIS — page 5 of 10 recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date FISCAL IMPACT ANALYSIS — page 6 of 10 thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its properly, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. FISCAL IMPACT ANALYSIS — page 7 of 10 CITY OF MERIDIAN BY: TAMMY" a EERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK CON As to Content BY: Z e 7- KEITa ofT , PURC G AGENT As to Form BY: v WILLIAM L.M. NARY, CITY ATTORNEY FISCAL IMPACT ANALYSIS — page 8 of 10 3Q Attachment A SCOPE OF SERVICES A. Conduct Fiscal Impact Analysis: Produce Excel Model & Written Report by Task. a. Meet with Finance staff to obtain information on City's budget, tax rates, financial trends and existing level of service measurements. b. Conduct personal interviews with key General Fund department heads to access the ration of fixed vs. variable costs in their budget, and to understand their sensitivity to residential vs. commercial development. C. Prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to City staff for review. d. Finalize impact model spreadsheets and test the model by analyzing three land use scenarios which City identifies. e. Summarize findings in a draft report and submit to City. Report to contain methodology, model description, Interview results and land use scenario analysis results from prior tasks. f. Finalize report with Cities comments / suggestions. g. Present findings to Department Heads and at City Council Meeting. h. Conduct a model training session with Finance staff to enable City staff to perform fiscal impact analysis in-house. FISCAL IMPACT ANALYSIS — page 9 of 10 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $12,000 excluding travel expenses. Fees will be billed for actual time worked at a rate of $120.00 per hour. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT A. Meet with Finance staff to obtain information on City's budget, tax rates, financial trends and existing level of service measurements. B. Conduct personal interviews with key General Fund department heads to access the ration of fixed vs. variable costs in their budget, and to understand their sensitivity to residential vs. commercial development. C. Prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to City staff for review. D. Finalize impact model spreadsheets and test the model by analyzing three land use scenarios which City identifies. E. Summarize findings in a draft report and submit to City. Report to contain methodology, model description, Interview results and land use scenario anal sis Results from prior tasks. F. Finalize report with Cities comments / suggestions. G. Present findings to Department Heads and at City Council Meeting. H. Conduct a model training session with Finance staff to enable City staff to perform fiscal impact analysis in-house. TOTAL $12,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FISCAL IMPACT ANALYSIS — page 10 of 10 • AGREEMENT FOR PROFESSIONAL SERVICES 0 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7th day of July, 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and BBC Research & Consultinq_, hereinafter referred to as "CONSULTANT", whose business address is 3773 Cherry Creek North Drive, Suite 850 Denver Colorado 80209-3827. INTRODUCTION Whereas, the City has a need for services involving Fiscal Impact Analysis; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a FISCAL IMPACT ANALYSIS — page 1 of 10 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a time and materials/Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of the date each invoice is approved by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, FISCAL IMPACT ANALYSIS — page 2 of 10 0 0 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2006 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the FISCAL IMPACT ANALYSIS — page 3 of 10 0 i minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 BBC Research & Consulting Attn: Tom Pippin 3773 Cherry Creek North Drive, Suite 850 Denver, CO 83209-3827 FISCAL IMPACT ANALYSIS — page 4 of 10 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of FISCAL IMPACT ANALYSIS — page 5 of 10 recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date FISCAL IMPACT ANALYSIS — page 6 of 10 thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. FISCAL IMPACT ANALYSIS — page 7 of 10 40 CITY OF ME BY: /rr�i®ro TAMMY de EERD, MAYOR Attest: WILLIAM G. BERG, JR v C CONSUL -2 A 0 rrrr�r���rVal ll y < ,, X38 C n s, 1 / �d �i 0 As to Content BY: 2Z-7- KEIT TT , PURC G AGENT As to Form BY: WILLIAM L.M. NARY, CITY ATTOR EY FISCAL IMPACT ANALYSIS - page 8 of 10 Attachment A SCOPE OF SERVICES A. Conduct Fiscal Impact Analysis: 1. Produce Excel Model & Written Report by Task. a. Meet with Finance staff to obtain information on City's budget, tax rates, financial trends and existing level of service measurements. b. Conduct personal interviews with key General Fund department heads to access the ration of fixed vs. variable costs in their budget, and to understand their sensitivity to residential vs. commercial development. C. Prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to City staff for review. d. Finalize impact model spreadsheets and test the model by analyzing three land use scenarios which City identifies. e. Summarize findings in a draft report and submit to City. Report to contain methodology, model description, Interview results and land use scenario analysis results from prior tasks. f. Finalize report with Cities comments / suggestions. g. Present findings to Department Heads and at City Council Meeting. h. Conduct a model training session with Finance staff to enable City staff to perform fiscal impact analysis in-house. FISCAL IMPACT ANALYSIS — page 9 of 10 0 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $12,000 excluding travel expenses. Fees will be billed for actual time worked at a rate of $120.00 per hour. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT A. Meet with Finance staff to obtain information on City's budget, tax rates, financial trends and existing level of service measurements. B. Conduct personal interviews with key General Fund department heads to access the ration of fixed vs. variable costs in their budget, and to understand their sensitivitv to residential vs. commercial development. C. Prepare a series of draft spreadsheets with preliminary cost and revenue factors. Circulate these drafts to City staff for review. D. Finalize impact model spreadsheets and test the model by analyzing three land use scenarios which City identifies. E. Summarize findings in a draft report and submit to City. Report to contain methodology, model description, Interview results and land use scenario anal sis Results from prior tasks. F. Finalize report with Cities comments / suggestions. G. Present findings to Department Heads and at City Council Meeting. H. Conduct a model training session with Finance staff to enable City staff to perform fiscal impact analysis in-house. TOTAL $12,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FISCAL IMPACT ANALYSIS — page 10 of 10 July 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Agreement with CGI Communications, Inc., for a Community Mini Movie Showcase AGENCY COMMENTS CITY CLERK: See Attached Email, Agreement, & Letter CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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 becomero e p p rty of the City of Meridian. Community Mini Movie Show Agreement CGI Communications, Inc. 130 East Main Street, 8th Floor Rochester, NY 14604 (800) 398-3029 phone 24 (585) 427-0075 fax Name: Tammy de Weerd Title: Mayor Address: 660 E Watertower Ln. Suite 150 City, State, Zip: Meridian, ID 83642 Phone: 208-887-2211 Fax: 208-887-1297 Emall: ardnerp0�7leddiancity ord _Website: www.meddiancity.orp This agreement is between CGI Communications, Inc. and City of Meridian, ID and shall remain in effect from the date it is signed by both parties until the third anniversary of the date that the completed and approved Community Movie Showcase Is made available for viewing via a link on the City of Meridian, ID website homepage for viewer access. The term of this agreement shall automatically renew unless al er party gives 60 days written notice of termination or mod/flcation prior to expiration. CGI Communications, Inc. and its e-LocalLink division shall provide a Community Movie Showcase as follows: • Website Welcome video from your Mayor or other civic leader (approx. 1 minute in duration) • Up to 5 additional videos (approx 1 minute each in duration) to highlight various aspects of your community and/or organization • Script writing and video content consultation • A videographer will come to your location to film videos • All aspects of video production and editing, from raw footage to final video Including professional voiceovers and background music • Final draft of Community Movie Showcase content subject to your approval • Patent -pending OneClick''", Technology and encoding of all videos into multiple streaming digital formats to play on all computer systems, browsers, and Internet connection speeds; recognized player formats include WindowsMediaO and QuickTime® • Store and stream all videos on CGI's dedicated server • Business sponsors allowed on the perimeter of video panels will be approved by the City of Meridian, ID • Duration of sponsor participation will be one year and e-LocalLink Is solely responsible for annual sponsorship fulfillment including all related aspects of marketing, production, printing, and distribution • Viewer access of the Community Movie Showcase from your website shall be facilitated by e-LocalLink providing HTML source code for graphic link to be displayed on the www.meridiancitv.oro website homepage as follows: "Coming Soon" graphic link designed to coordinate with existing website color theme to be provided within 10 business days of execution of this agreement; "Click Here to View Our Community Movie Showcase" graphic link to be provided to replace the "Coming Soon" link upon completion and approval of videos • City of Meridian, ID will assume no cost or liability for this project • e-Locall-ink will own copyrights of the master Community Movie Showcase Program Add -On if signed and received by 7/21/06: • Encoding, hosting, and streaming of additional 5 minutes of video per month. Finished video content will be provided to CGI by City of Meridian, ID • Vmailm and Desktop Video Communication (DVC) System to include camera/microphone and software interface. DVC library with capacity for 20 minutes of video and allowance for UNLIMITED Vmail"m sends per month. DVC System includes patent -pending OneClick"M Technology as described herein • Video Narrated Photo (VNP) System to provide capability for slideshows or photo tours with an overlay panel for video commentary City of Meridian, ID shall provide the hollowing. • A letter of Introduction for the program on your organization's letterhead • Assist with the content and script for the Community Movie Showcase • Agrees to give e-Locall-ink the right to use organization's name In connection with the preparation, production, and marketing of the program set forth herein only • Agrees to display the "Coming Soon" graphic link on the www.meridiancity oro website homepage within 10 business days of receipt of HTML source code • Agrees to display the "Click Here to View Our Community Movie Showcase" linked on the www.meddiancitv.ora website homepage for the term of this agreement • Provides e-Locall-ink exclusive streaming video rights for the program described herein only We, the undersigned, understand the above Information and have full authority to sign this agreement of Meridian, ID CGI Communications, Inc. ature: Signature: e PHnied: Tamm eerd ���"�"� t + 1 r 1 j!�s Name Printed: Frank Buono °ss Ma or Executive Vice President 711 49 (i n e before 7121106. 1�farrprr�9 rriEat�°j�` CITY OF $ eY1G�1G�"Yl � k� � IDAHO j� tiF, j �Fe �'�" TRenstmE V �Y SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree 7/19/2006 Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 Dear Meridian Business Owner: The City of Meridian, ID was recently introduced to an exciting new technology that is sure to have a tremendous, positive impact for promoting the public and the private assets of our wonderful community. We have accepted the services for, and will participate in, a three-year promotional campaign conducted by CGI Communications, Inc. (www.c>icommunications com). e-LocalLink, a division of CGI, will produce a series of online videos to showcase the assets and attributes that Meridian has to offer to its residents, its visitors, and its business community. These videos will be accessible for viewing via the City's website Nmy meridiancity ora). As you know, the City of Meridian is dedicated to making our community a great place to live, work, shop and conduct business. This project will highlight the advantages of living in and doing business here. A representative of e-LocalLink will be contacting you with an offer for your participation. We encourage you to consider supporting this program, which we feel is truly a win-win for all involved. Building Sin Y, 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater Cheryl Bro 3401 N. Ten Mile Road Economic Development Coordinator 888-2191/fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper FAX REPORT Fax header name. NWyor Do Weard Fax nUMbw. 2080848719 Data Time Type ldendftation 20W)-07-20 10.34:13 Fax sent 15854270075 Duration pages Reit 1.35 3 OK Jul zu UG lu. 4a Habor D- Weerd 2U89940118 A AMmw----- I woa cayofmwmm MWkWm ID one Fm[ w8884�8918 Fax YM Aadmd McDonsm Fam w54274W,5 DWAW- Jtdv2D.2= Phowl- e0D3gsamX204 3 W= cm Al Page 1 of 3 Will Berg From: Bill Nary Sent: Friday, July 14, 2006 11:23 AM To: Will Berg; Tammy de Weerd Cc: Terry Paternoster; Emily Kane Subject: FW: Issues with proposed agreement Attachments: Meridian, ID Agreement.doc; Meridian, ID Letter.doc Here is the proposed agreement. I have called them to let them know we would like to present something to the Council. Bill Nary City Attonicy/HR Director City ofMeridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) From: Michael M @ CGI Comm.[mailto:michaelm@cgicommunications.com] Sent: Wednesday, July 12, 2006 7:52 AM To: Bill Nary Cc: Tammy de Weerd Subject: RE: Issues with proposed agreement HE Thanks for the email. I appologize for the delay, its been busy on this end. Everything looks good on the proposal. On the Agreement: 1) 1 have changed the website address on the proposal. 2) 1 have added on to the 9th bullet point - added businesses' approval by city. 3) (11 th and 21 st) I removed the term prominently from the proposal. As long as the link is visible on the homepage of the website. 4) (20th) I removed the term prominently from the proposal. As long as the link is visible on the homepage of the website. Letter: 1) 1 have changed the website address on the letter. 2) As long as the letter is on City Letterhead, I think it would be alright that the Economic Development Director sign it. We do perfer that the Mayor or City Manager sign it. The letter is a word document, so you can change the signatory on the letter to whomever. There is a revised Proposal and Letter Attached to this email. Please, fill in the blanks that I have provided. Both documents will need to be signed, faxed to 585.427-0075, and subsequently mailed. Once I receive both 7/14/2006 Page 2 of 3 'documents, I will email you with the next steps of the program. Thank you, Michael McDonald -----Original Message ----- From: Bill Nary [maiito:naryb@meridiancity.org] Sent: Friday, July 07, 2006 4:32 PM To: michaelm@cgicommunications.com Cc: Emily Kane; Ted Baird Subject: Issues with proposed agreement After our review of the proposed agreement here are the few issues we would like to discuss further if we want to move forward. "Community Mini Movie Showcase Agreement": • The website address listed is outdated (ci.meridian.id.us) • 9th bullet point — Concerned about the lack of parameters set forth for "Business sponsors allowed on the perimeter of video panels." We don't want to have our movie sponsored by an unsavory or shady business. The City would require some control over who would be associated with the City. Emily did an random survey of cities that have implemented the mini movies on their websites and all the sponsors she saw were innocuous — real estate firms, restaurants, dentists, etc. (see, e.g. City of Daytona Beach, http://www.ci.daytona-beach.fl.us/) . 11th and 21st (2nd from bottom) bullet points — Concerned about the language "prominently displayed on the Meridian website" provision. It appears that other websites that have this feature, it appears that as long as it is on the homepage somewhere, that provision is satisfied (e.g. City of Annapolis, MD: http://www.ci.annapolis.md.us/). Is that assumption correct? Prominent is a very subjective term and probably wouldn't be helpful in interpreting compliance. • 20th bullet point (3rd from bottom) — Same concerns regarding prominence of "coming soon" link. Again, the ones Emily reviewed seemed well integrated into the cities' websites (e.g. City of Hartford, CT: http://Www.hartford.gov/ or City of Federal Heights, CO: http://www.ci.federal- heights.co.us/). Letter to Business Owners: • The letter again lists our outdated website • We think it would be more appropriate for this letter to come from either the Communications Coordinator or Economic Development Coordinator; the Agreement requires only that it be on COM letterhead (17th bullet point of Agreement). A point of discussion with the Mayor. Please let me know your thoughts on these point we've raised. Bill Nary City Atlorncy/HR Director City ofMeridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 7/14/2006 Community Mini Movie Showee Agreement CGI Communications, Inc. 130 East Main Street, 8th Floor Rochester, NY 14604 (800) 398-3029 phone (585) 427-0075 fax Name: Tammy de Weerd Title: Mayor Address: 660 E Watertower Ln. Suite 150 City, State, Zip: Meridian, ID 83642 Phone: 208-887-2211 Fax: 208-887-1297 Email: crardnery(&-meddiancib org Website: www.meridiancitv.org This agreement is between CGI Communications, Inc. and City of Meridian, ID and shall remain in effect from the date it is signed by both parties until the third anniversary of the date that the completed and approved Community Movie Showcase is made available for viewing via a link on the City of Meridian, ID website homepage for viewer access. The tern of this agreement shall automatically renew unless either party gives 60 days written notice of termination or modlflcat/on prior to expiration. CGI Communications, Inc. and Its e-LocalLink division shall provide a Community Movie Showcase as follows: • Website Welcome video from your Mayor or other civic leader (approx. 1 minute in duration) • Up to 5 additional videos (approx 1minute each in duration) to highlight various aspects of your community and/or organization • Script writing and video content consultation • A videographer will come to your location to film videos • All aspects of video production and editing, from raw footage to final video including professional voiceovers and background music • Final draft of Community Movie Showcase content subject to your approval • Patent -pending OneClickT'^ Technology and encoding of all videos into multiple streaming digital formats to play on all computer systems, browsers, and Internet connection speeds; recognized player formats include WindowsMedias and QuickTime® • Store and stream all videos on CGI's dedicated server • Business sponsors allowed on the perimeter of video panels will be approved by the City of Meridian, ID • Duration of sponsor participation will be one year and e-Locall-ink is solely responsible for annual sponsorship fulfillment including all related aspects of marketing, production, printing, and distribution • Viewer access of the Community Movie Showcase from your website shall be facilitated by e-Locall-ink providing HTML source code for graphic link to be displayed on the www.meridiancltv.org website homepage as follows: "Coming Soon" graphic link designed to coordinate with existing website color theme to be provided within 10 business days of execution of this agreement; "Click Here to View Our Community Movie Showcase" graphic link to be provided to replace the "Coming Soon" link upon completion and approval of videos • City of Meridian, ID will assume no cost or liability for this project • e-Locall-ink will own copyrights of the master Community Movie Showcase Program Add -On if signed and received by 7/21/06: Encoding, hosting, and streaming of additional 5 minutes of video per month. Finished video content will be provided to CGI by City of Meridian, ID VmaiP and Desktop Video Communication (DVC) System to include camera/microphone and software interface. DVC library with capacity for 20 minutes of video and allowance for UNLIMITED VmaiFm sends per month. DVC System includes patent -pending OneClick"M Technology as described herein Video Narrated Photo (VNP) System to provide capability for slideshows or photo tours with an overlay panel for video commentary City of Meridian, ID shall provide the following: • A letter of introduction for the program on your organization's lefterhead • Assist with the content and script for the Community Movie Showcase • Agrees to give e-Locall-ink the right to use organization's name in connection with the preparation, production, and marketing of the program set forth herein only • Agrees to display the "Coming Soon" graphic link on the www.meddiancity.org website homepage within 10 business days of receipt of HTML source code • Agrees to display the "Click Here to View Our Community Movie Showcase" linked on the www.meddiancitv.org website homepage for the term of this agreement • Provides e-Locall-ink exclusive streaming video rights for the program described herein only We, the undersigned, understand the above Information and have full authority to sign this agreement City of Meridian, ID CGI Communications, Inc. Signature: Signature: Name Printed: Tammy de Weerd Name Printed., Frank Buono Tide: Mayor Title: Executive Vice President Date: Date: 7/12/2006 Contract void If not executed on or before 7121106. 0 . 7/12/2006 Dear Meridian Business Owner: The City of Meridian, ID was recently introduced to an exciting new technology that is sure to have a tremendous, positive impact for promoting the public and the private assets of our wonderful community. We have accepted the services for, and will participate in, a three-year promotional campaign conducted by CGI Communications, Inc. (www.c eicommunications. com). e-LocalLink, a division of CGI, will produce a series of online videos to showcase the assets and attributes that Meridian has to offer to its residents, its visitors, and its business community. These videos will be accessible for viewing via the City's website (www.meridiancitv.orn). As you know, the City of Meridian is dedicated to making our community a great place to live, work, shop and conduct business. This project will highlight the advantages of living in and doing business here. A representative of e-LocalLink will be contacting you with an offer for your participation. We encourage you to consider supporting this program, which we feel is truly a win-win for all involved. Sincerely, Tammy de Weerd Mayor Will Berg From: Bill Nary Sent: Friday, July 14, 2006 11:23 AM To: Will Berg; Tammy de Weerd Cc: Terry Paternoster; Emily Kane Subject: FW: Issues with proposed agreement Attachments: Meridian, ID Agreement.doc; Meridian, ID Letter.doc Pagel of 3 Here is the proposed agreement. I have called them to let them know we would like to present something to the Council. Bill Nary City Attorncy/HR Director City ofMeiidian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) From: Michael M @ CGI Comm.[mailto:michaelm@cgicommunications.com] Sent: Wednesday, July 12, 2006 7:52 AM To: Bill Nary Cc: Tammy de Weerd Subject: RE: Issues with proposed agreement Thanks for the email. I appologize for the delay, its been busy on this end. Everything looks good on the proposal. On the Agreement: 1) 1 have changed the website address on the proposal. 2) 1 have added on to the 9th bullet point - added businesses' approval by city. 3) (11th and 21st) I removed the term prominently from the proposal. As long as the link is visible on the homepage of the website. 4) (20th) I removed the term prominently from the proposal. As long as the link is visible on the homepage of the website. Letter: 1) 1 have changed the website address on the letter. 2) As long as the letter is on City Letterhead, I think it would be alright that the Economic Development Director sign it. We do perfer that the Mayor or City Manager sign it. The letter is a word document, so you can change the signatory on the letter to whomever. There is a revised Proposal and Letter Attached to this email. Please, fill in the blanks that I have provided. Both documents will need to be signed, faxed to 585.427-0075, and subsequently mailed. Once I receive both 7/14/2006 . 0 Page 2 of 3 documents, I will email you with the next steps of the program. Thank you, Michael McDonald -----Original Message ----- From: Bill Nary [mailto:naryb@meridiancity.org] Sent: Friday, July 07, 2006 4:32 PM To: michaelm@cgicommunications.com Cc: Emily Kane; Ted Baird Subject: Issues with proposed agreement After our review of the proposed agreement here are the few issues we would like to discuss further if we want to move forward. "Community Mini Movie Showcase Agreement": • The website address listed is outdated (ci.meridian.id.us) • 9th bullet point — Concerned about the lack of parameters set forth for "Business sponsors allowed on the perimeter of video panels." We don't want to have our movie sponsored by an unsavory or shady business. The City would require some control over who would be associated with the City. Emily did an random survey of cities that have implemented the mini movies on their websites and all the sponsors she saw were innocuous — real estate firms, restaurants, dentists, etc. (see, e.g. City of Daytona Beach, http://www.ci.daytona-beach.fl.us/) • 11 th and 21 st (2nd from bottom) bullet points — Concerned about the language prominently displayed on the Meridian website" provision. It appears that other websites that have this feature, it appears that as long as it is on the homepage somewhere, that provision is satisfied (e.g. City of Annapolis, MD: http://www.ci.annapolis.md.us/). Is that assumption correct? Prominent is a very subjective term and probably wouldn't be helpful in interpreting compliance. • 20th bullet point (3rd from bottom) — Same concerns regarding prominence of "coming soon" link. Again, the ones Emily reviewed seemed well integrated into the cities' websites (e.g. City of Hartford, CT: http://www.hartford.gov/ or City of Federal Heights, CO: http://www.ci.federal- heights.co.us/). Letter to Business Owners: The letter again lists our outdated website We think it would be more appropriate for this letter to come from either the Communications Coordinator or Economic Development Coordinator; the Agreement requires only that it be on COM letterhead (17th bullet point of Agreement). A point of discussion with the Mayor. Please let me know your thoughts on these point we've raised. Dill Nary City Attorney/HR Director City ofMeridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 7/14/2006 0 208.884.8723 (fax) 7/14/2006 Page 3 of 3 July 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Public Works Department ITEM NO. REQUEST Bittercreek Agreement AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 FP 06-027 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Dyver Development, LLC ITEM NO. 8 REQUEST Tabled from July 11, 2006 — Request for 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 -- south of McMillan Road and west of Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Revised Plat Contacted: Emailed: Date: COMMENTS See Previous Item Packet See Attached Comments See Attached Comments Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 74 RESIDENTIAL BUILIDNG LOTS AND 5 COMMON LOTS ON 16.47 ACRES IN AN R- 8 ZONE LOCATED WEST OF NORTH MERIDIAN ROAD AND SOUTH OF WEST MCMILLAN ROAD IN THE NE 1/ OF THE NE 1/ OF SECTION 36, TAN., R. 1W. C/C July 18, 2006 CASE NO. FP -06-027 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on July 18, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 18, 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: I. The Final Plat of "PLAT SHOWING AMBERCREEK SUBDIVISION NO. 2 LOCATED IN THE NE 1/ OF THE NE 1/ OF SECTION 36, T. 4N., R. 1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 / (FP -06-027) Page 1 of 4 HANDWRITTEN DATE: 07/12/06, SHEET 1 OF 5, BAILEY ENGINEERING, INC,'.", DYVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 18, 2006, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 18, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 / (FP -06-027) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY 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 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 / (FP -06-027) Page 3 of 4 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. By action of the City Council at its regular meeting held on the day of �J� , 2006. By: \\\\I118LI !/ e`q`� Orr de WEERD ATTEST: a WILLIAM G. BERG, JR., ITY CLIK Copy served upon Applicant: � AV" Pubi City By City Clerk's Office Dated: %- aa 011e ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 / (FP -06-027) Page 4 of 4 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA&ENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: July 18, 2006 Transmittal Date: July 13, 2006 Mayor & City Council , OVA- 10 i Sonya Watters, Assistant City Planner er— Michael Cole, Development Services Coordinator C- Ambercreek Subdivision No. 2 Request for Final Plat Approval of Ambercreek Subdivision No. 2 Consisting of 74 Single-family Residential Building Lots and 5 Common/other Lots on 16.47 Acres in an R-8 Zone by Dyver Development, LLC. (File# FP -06-027). submittal and offer the following comments and conditions of the applicant. �e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Dyver Development, LLC, has applied for final plat approval of 74 single-family residential building lots and 5 common/other lots on 16.47 acres in an R-8 zone for the second phase of Ambercreek Subdivision. The proposed gross density of this phase of the development is 3.15 dwelling units per acre. The proposed net density is 4.8 dwelling units per acre. Ambercreek Subdivision No. 2 is located west of N. Meridian Road, on the south side of W. McMillan Road in the NE'/a of Section 36, TAN., R.1 W. This property has not been previously platted. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Ambercreek Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-055), development agreement (Inst. #106048481), and preliminary plat (PP -05-057) for this subdivision. 2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing is not proposed prior to release of building permits. 3. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 4. The face of the plat shows the lots in Block 5 starting with Lot 3. It appears to staff that this should be Lot 2 as only one lot in this block was platted in the last phase. The applicant shall confirm this and make any necessary adjustments to ensure consecutive lot numbering. Also, revise note #3 and #7 on the face of the plat accordingly. Exhibit "A" FP -06-027 Ambercreek Sub2 FP.doc PAGE 1 CITY OF MERIDIAN ANING AND PUBLIC WORKS DEPAWENTS STAFF REPORT Revise or add the following note(s) on the face of the plat dated 7/12/06, prepared by Bailey Engineering, Inc., prior to signature on the final plat by the City Engineer: (3.) Revise Lot numbers in Block 5 according to condition #4 above. (7.) Revise Lot numbers in Block 5 according to condition #4 above. (11.) Include instrument number. (*.) Add note: "This plat is subject to a development agreement recorded as instrument number 106048481 of Ada County Records " (*.) Add note: "Fencing adjacent to Lot 9 Block 16 and Lot 6 Block 17 shall be in compliance with the most recently approved Fencing Standards of the City of Meridian " 6. The Landscape Plan, prepared by The Land Group and dated 5/19/06, shall be revised as follows: a. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority's five-year funded plan, developer shall maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the Transportation Authority (ACRD) is required along W. McMillan Road. The remaining area must be landscaped with lawn or other vegetative groundcover; revise plan accordingly (UDC 11- 3B-7C5a). b. Depict the 5 -foot wide detached sidewalk along W. McMillan Road. C. Depict 4 -foot wide detached sidewalks along all internal streets with 8 -foot wide parkways planted with Class H trees. d. Provide trees in accordance with UDC 11-3B-7 within the street buffer outside of the Settler's Irrigation District easement along W. McMillan Road. If Idaho Power will not allow trees within their easement, widen the landscape buffer by 5 feet and include the required trees within this area (per preliminary plat condition of approval #1.1.6.). e. Revise the landscape strip on both sides of the pathway on Lot 6, Block 17 to be a minimum of 5 -feet wide per UDC 11 -3B -12C 1. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 5. The applicant has indicated that the Settlers Irrigation District will own and maintain the pressure irrigation system within this development. If the system is to be owned and maintained by Settlers Irrigation District, evidence of a license agreement with Settlers shall be provided to Public Works prior to scheduling of a pre -construction meeting. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. Prior to issuance of the first occupancy permit, provide five-foot wide detached sidewalks and landscaping along the entire frontage of W. McMillan Road and N. Meridian Road. Prior to signature on the final plat by the City Engineer, submit documentation from Nampa Meridian Irrigation District that the 66 -foot irrigation district easement shown on the plat is sufficient to protect their facility. Exhibit "A" FP -06-027 Ambercreek Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPA*IENTS STAFF REPORT 9. The bearing from the NE corner of section 36 shown on the plat does not meet what is called out in the Certificate of Owners. Please revise so that the bearings are the same and accurate. 10. The extra width to the easement being shown on the south side of Lot 8, Block 15 shall be moved in coordination with the construction plan redline comment to move the pressurized irrigation line out of the water service corridor. 11. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. They will be interior lot lines to future phases. a.) South boundary of Lot 3, Block 5. b.) South boundary of Lot 2, Block 6. c.) South boundary of Lot 4, Block 12. 12. Graphically depict a special setback of 20 -feet from the right of way on the following lots. The setback is needed to comply with Idaho Department of Environmental Quality Catalog of Best Management Practices that require 20 -feet of separation between underground storm drainage facilities and building foundations. A note on the plat shall be added that references this information. a.) Lots 5, 6, Block 5. b.) Lots 2-8, Block 15. 13. Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 16 feet of pavement within a 20 -foot right-of-way, as proposed, and include 28 - foot inside and 48 -foot outside turn radii where the alleys intersect the public streets. 14. Sanitary sewer service to this development is proposed via extensions of mains planned in earlier phases. The applicant shall install sewer mains to and, through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 15. Water service to this proposed development is being proposed via extensions of mains in N. McMillan Road and proposed mains in previous phases. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 16. The City of Meridian's to and through policy will require the applicant to install water main on the frontage of this property in McMillan Road. Once the frontage main is installed, there will be a gap of approximately 290 -feet between this development and the intersection of McMillan and Meridian roads without water main. The applicant shall coordinate with the Public Works Department a cooperative agreement whereby this gap in the water line is installed with this development and funded by the City of Meridian. 17. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 18. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated Exhibit "A" FP -06-027 Ambercreek Sub2 FP.doc PAGE 3 CITY OF MERIDIAN P*NING AND PUBLIC WORKS DEPAWENTS STAFF REPORT surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction 20. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, development agreement, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of the Lemp Canal, 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. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit "A" FP -06-027 Ambercreek Sub2 FP.doc PAGE 4 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPAIIENTS STAFF REPORT 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-613-7A. 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, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Ambercreek Subdivision No. 2 (FP -06-027) with the above stated comments and conditions. Exhibit "A" FP -06-027 Ambercreek Sub2 FP.doc PAGE 5 0 Wiley Engineering, Inc. CIVIL ENGINEERINGIPLANNINGICADD DATE: July 18, 2006 TO: Mayor and City Council RE: Ambercreek Subdivision No. 2 Dear Mayor and City Council, On behalf of our client we would like to state that Dyver Development, LLC agrees with all Site Specific Comments and Conditions set forth in the final plat for Ambercreek Subdivision No. 2. Thank you for your time and consideration, Sincerely, J Aj Lopez Development Services 1500 E. Iron Eagle Drive ♦ Eagle, Idaho 83616 ♦ Tel.: 208-938-0013 ♦ Fax: 208-938-0516 www.baileyengineers.com Exhibit ,.u„ July 14,2W6 FP 06-031 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Sharper Investments, LLC ITEM NO. 9 REQUEST Request for Final Plat approval for 23 single-family residential building lots and 2 common lots on 5.11 acres in an R-8 zone for Sharp Estates Subdivision — south of Ustick Road and west of Eagle 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: No Comment CITY SEWER DEPT: No Comment CITY PARKS DEPT: See Attached Emall MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Revised Landscape Plan Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 9 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SHARPER INVESTMENTS, LLC FOR FINAL PLAT APPROVAL OF 23 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 2 COMMON LOTS ON 5.11 ACRES IN AN R-8 ZONE LOCATED SOUTH OF USTICK ROAD AND WEST OF EAGLE ROAD IN THE S % OF THE SE 1/ OF THE SE 1/ OF THE NW 1/ OF SECTION 5, T. 3N., R. 1E. C/C July 18, 2006 CASE NO. FP -06-031 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on July 18, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 18, 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 SHARP ESTATES SUBDIVISION LOCATED IN THE S %Z OF THE SE 1/ OF THE SE 1/ OF THE NW 1/ OF SECTION 5, T. 3N., R. IE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHARP ESTATES SUBDIVISION / (FP -06-031) Page 1 of 4 • 0 IDAHO 2006, HANDWRITTEN DATE: 06/02/06, SHEET 1 OF 3, TREASURE VALLEY ENGINEERS, INC., NAMPA, IDAHO, SHARPER INVESTMENTS, 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 Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 18, 2006, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Sharper Investments, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 18, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHARP ESTATES SUBDIVISION / (FP -06-031) Page 2 of 4 0 obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHARP ESTATES SUBDIVISION / (FP -06-031) Page 3 of 4 • 0 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 52006. \\,e��3t;OR T6#de WEERD ATTEST: >' ®, °� WILLIAM G. BERG, JR., LEIkK�' Copy served upon Applicant: ✓ Pla®`'A Q L. -I PublicVar ertaent City Attorney B Dated: ? Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHARP ESTATES SUBDIVISION / (FP -06-031) Page 4 of 4 CITY OF MERIDIAN PANING AND PUBLIC WORKS DEPA&ENTS STAFF REPORT e PB1 T'tF�'� STAFF REPORT: Hearing Date: July 18, 2006. Transmittal Date: July 13, 2006 .gym IDAHO O TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator C SUBJECT: Sharp Estates Subdivision Request for Final Plat Approval of Sharp Estates Subdivision Consisting of 23 Single -Family Residential Building Lots and 2 Common Area Lots on 5.11 Acres in an R-8 Zone by Sharper Investments, LLC (File# FP -06-031). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Sharper Investments, LLC, has applied for final plat approval of 23 single-family residential building lots and 2 common area lots on 5.11 acres of land for Sharp Estates Subdivision. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The gross density of the proposed subdivision is 4.5 dwelling units per acre; the net density is 5.75 dwelling units per acre. Sharp Estates Subdivision is located on Wingate Lane south of Challis Street (South of Ustick Road and west of Eagle Road in the NW 1/ of T. 3N., R. 1E., Section 5. This property has not been previously platted. The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of Sharp Estates Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ -05-062), development agreement (Inst. #106096028), and preliminary plat (PP -05-062) for this subdivision. 2. The applicant has indicated that the Nampa and Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Therefore, a letter of plan approval shall be submitted prior to scheduling of 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 single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All 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 Exhibit "A" FP -06-031 Sharp Estates Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPA&ENTS STAFF REPORT where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in surrounding development. Applicant will be responsible to construct the sewer and water mains to and through 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. 6. The applicant shall upgrade the water main in N. Devlin Avenue to 10 -inch to match the installed 10 -inch on the northern and southern boundaries of this project. 7. The applicant shall dedicate a City of Meridian water easement along the common driveway sufficient in size to cover the water service being proposed. Any water meters located in a common driveway shall be constructed of upgraded materials per City of Meridian Standard Specifications, Drawing 7.08 note 3. 9. Prior to signature on the final plat, remove all existing structures that do not meet the applicable setback and zoning regulations. 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 may be used for non-domestic purposes such as landscape irrigation. 11. All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. 12. Depict the building setbacks, and orientation of the lots and structures for all lots sharing driveways, on the face of the final plat. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 13. Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that this parcel has in Wingate Lane (coordinate the drafting of this document with the City's Legal Department.) Further, the applicant shall either depict the existing Wingate Lane easement on the face of the final plat, OR terminate/vacate the private road agreement. 14. Please include the bearings of record on the face of the plat. 15. Graphically depict the Nampa and Meridian Irrigation easement located on Lot 9, Block 1 and Lot 16, Block 2 on the face of the plat. 16. Graphically depict a special setback from the right-of-way in the following locations. The setback is needed to comply with Department of Environmental Qualities Best Management Practices regarding separation between a seepage bed and building foundation. a) Northern boundary of Lots 12-14, Block 2. b) Northern boundary of Lots 7, 8 Block 1. Exhibit "A" FP -06-031 Sharp Estates Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPASENTS STAFF REPORT 17. Revise or add the following note(s) on the face of the plat prepared by Treasure Valley Engineers, Inc., stamped on 06/02/06 by Robert G. Hinkley, prior to signature of the final plat by the City Engineer: 3.) Revise to read, "...public utilities, drainage, and irrigation easement." 4.) Revise to read, "...public utilities, drainage, and irriag tion easement." *.) Add note, "Lots 1-8, Block 2 are subject to height restrictions as detailed in the Development Agreement, instrument number 106096028. *.) Add note, "Bottom elevation of structural footings shall be set a minimum of 12 -inches above the highest established normal ground water elevation." *.) Add note, "Individual lot owners are responsible for maintenance of any irrigation/drainage pipe crossing their lot unless such maintenance is assumed by an irrigation/drainage entity." 18. The landscape plan, prepared by Jensen Belts and dated 06/01/06 shall be revised as follows: a. Include mitigation details in accordance with UDC 11-313-10 for all existing trees on the property. Coordinate mitigation/protection plan with the City Arborist. b. Include a calculations table per the requirements specified in the final plat landscape plan submittal checklist. C. Include tree class information in the plant schedule. d. Include fencing details for the 6 -foot high solid fencing along the north, east, and west property lines. e. Fencing along Lot 9, Block 1 and Lot 16, Block 2 shall be restricted to either 4 -foot solid or 6 -foot open vision; include fencing details for the fencing along Lot 9, Block 1 and Lot 16, Block 2. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 19. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 20. 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 1I - 3B -11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-313- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 21. Complete the Certificate of Owners and the accompanying acknowledgement. 22. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Exhibit "A" FP -06-031 Sharp Estates Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPASENTS STAFF REPORT Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. 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. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-613-7A. 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, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Exhibit "A" FP -06-031 Sharp Estates Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPAIOENTS STAFF REPORT Staff recommends approval of the final plat for Sharp Estates Subdivision (FP -06-031) with the above stated comments and conditions. Exhibit "A" FP -06-031 Sharp Estates Subdivision FP.doc PAGE 5 C;f a�' elc-rJ«,VI y � nnC�. t J iA, At /- 4V "'T 7L (Z!- Gc� kt d f - ILI "0 yt S d G2 YQ l/a- U elf, vGC S Rry %t ez l') v1 c.v �K1/�s1L�n��7L'l Exhibit "H" P P_ 0603 1 July 14, 2006 GII131Wi7•f MERIDIAN CITY COUNCIL MEETING JUIy 18, 2006 APPLICANT Insight Architects ITEM NO. 10 REQUEST Continued Public Hearing from June 22, 2006 — Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium High Density Residential Zone for Casa Meridiana — 1777 Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Request to Continue Contacted: Emailed: Date: COMMENTS See Previous Item Packet / Minutes Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. July 14, 2006 CUP 05-060 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Insight Architects ITEM NO. REQUEST Continued Public Hearing from June 22, 2006 — Request for a CUP for a 32 unit multi -family development in a proposed R-15 medium high density residential district for Casa Meddlana — 1777 Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Request to Continue COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Conger Management Group ITEM NO. 12 REQUEST Continued Public Hearing from June 22, 2006 -- Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision - southwest comer of North Locust Grove and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Item Packet / Minutes OTHER: See Attached Request to Continue from Dave McKinnon Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 July 14, 2006 PP 06-002 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Landmark Development ITEM NO. 13 REQUEST Continued Public Hearing from June 27, 2006 -- Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision -- southeast corner of Ustick Road 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: MERIDIAN POST OFFICE: COMMENTS See Previous Item Packet / Minutes See Attached Comments / Findings OTHER: **NOTE: FINDINGS need to be approved If no changes requested Contacted: Date: - -� Phone: Emailed: (Staff Initials: Materials presented at public meehw9s shall become property of the City of Meridian. 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 comer of Ustick Road and Eagle Road: Wardle: And open Public Hearing on Item 15, continued Public Hearing on PP 06-002. 1 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 preliminary plat. That opens up the whole hearing. We are not presenting the whole hearing tonight. 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 ACHD 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 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 ACHD, 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 comer of Ustick Road and Meridian Road: Cl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER L] Overman IDAHO ,. In the Matter of a Preliminary Plat Approval for 18 Commercial lots for Gateway Marketplace Subdivision by Landmark Development Group, LLC. Case No(s). PP -06-002 For the City Council Hearing Date of. July 18, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Julyl8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -06-002- PAGE 1 of 4 0 • 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 July 18, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped Revised March 10, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference; and, 3. Allys Way shall serve as frontage road, with applicant participating in the construction costs as required by ACRD. 4. Access to Eagle Road shall be as approved by VAR -06-002. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -06-002- PAGE 2 of 4 0 • determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -06-002- PAGE 3 of 4 0 • By action of the City Council at its regular meeting held on the le IS day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_-, COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City M" d BL VOTED /04r47-44-' VOTED_Y?'-- - VOTED_, VOTED �^ eerd Copy served upon Applicant, The Planning 04Vftffit, Public Works Department and City Attorney. , By: Dated: -1-20-OU City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -06-002- PAGE 4 of 4 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/2006 STAFF REPORT TO: ISI.9Z0auA SUBJECT Hearing Date: X2006 Revised for July 18, 2006 hearing Meridian City Council Planning Commission Staff. Joe Guenther, Associate City Planner Anna Canning, Director Meridian Planning Department 208-884-5533 Gateway Marketplace PP -06-002 — Preliminary plat for 18 lots on 22.85 acres for Gateway Marketplace by Landmark Development Group, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat for 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately 22.85 acres within the Gateway Marketplace development at the Southeast corner of Ustick Road and Eagle Road/SH-55 with a Variance to Chapter 3 Article H of UDC for access to Eagle Road. This is the second application and would be the third commercial project constructed within the Kissler annexation project AZ -03-018 where Sadie Creek Promenade and Bienville Square Subdivisions are also included with the subject annexation. The 22.85 -acre site was approved for annexation with a Development Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. AZ -03-018). The DA (Instrument No. 104107406) requires that any future use be consistent with the approved plans for the annexation. A concept plan for the overall site was submitted with the preliminary plat application showing building layouts, public access, cross access and drive aisles. 2. SUMMARY RECOMMENDATION History: The Planning Commission heard the item for the first time on February 16, 2006. On February 16, 2006 the Planning Commission detailed their concerns on landscaping, interconnectivity, building layout and parking lot configuration. The main point of discussion was on the potential future public road which would provide connection from the site to the east and connect with Allys Way and the access points to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns and included a public road connection to Eagle Road at the southern property boundary. The commission made a second motion to direct staff to work with ITD and ACHD and forward to the City Council a recommendation to have a signalized intersection with a public street connection at the % mile point south of the Eagle/Ustick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006. The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right- in/right-out access driveway and one planned for a full access point. The Idaho Transportation Department (ITD) has not approved any approach permits on this site and has made comment that this site does not qualify for access by standard district policy. The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations outlined in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does require a frontage type of road. Staff feels that the future collector road east of the site sufficiently addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with the adjoining properties (Una Mas and ACHD annexations). The design will provide a public street access to Ustick Road with the three points of cross access to the east, and potential future public street south of the site to access the future Allys Way. Gateway Marketplace Subdivision page 1 PP -06-002 C>we�wi rli��n "Y Staff. Joe Guenther, Associate City Planner Anna Canning, Director Meridian Planning Department 208-884-5533 Gateway Marketplace PP -06-002 — Preliminary plat for 18 lots on 22.85 acres for Gateway Marketplace by Landmark Development Group, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat for 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately 22.85 acres within the Gateway Marketplace development at the Southeast corner of Ustick Road and Eagle Road/SH-55 with a Variance to Chapter 3 Article H of UDC for access to Eagle Road. This is the second application and would be the third commercial project constructed within the Kissler annexation project AZ -03-018 where Sadie Creek Promenade and Bienville Square Subdivisions are also included with the subject annexation. The 22.85 -acre site was approved for annexation with a Development Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. AZ -03-018). The DA (Instrument No. 104107406) requires that any future use be consistent with the approved plans for the annexation. A concept plan for the overall site was submitted with the preliminary plat application showing building layouts, public access, cross access and drive aisles. 2. SUMMARY RECOMMENDATION History: The Planning Commission heard the item for the first time on February 16, 2006. On February 16, 2006 the Planning Commission detailed their concerns on landscaping, interconnectivity, building layout and parking lot configuration. The main point of discussion was on the potential future public road which would provide connection from the site to the east and connect with Allys Way and the access points to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns and included a public road connection to Eagle Road at the southern property boundary. The commission made a second motion to direct staff to work with ITD and ACHD and forward to the City Council a recommendation to have a signalized intersection with a public street connection at the % mile point south of the Eagle/Ustick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006. The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right- in/right-out access driveway and one planned for a full access point. The Idaho Transportation Department (ITD) has not approved any approach permits on this site and has made comment that this site does not qualify for access by standard district policy. The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations outlined in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does require a frontage type of road. Staff feels that the future collector road east of the site sufficiently addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with the adjoining properties (Una Mas and ACHD annexations). The design will provide a public street access to Ustick Road with the three points of cross access to the east, and potential future public street south of the site to access the future Allys Way. Gateway Marketplace Subdivision page 1 PP -06-002 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/2006 On April 5, 2006 Meridian City staff and ACHD Right of Way Division staff met to discuss the required public street connection to the future collector road (Allys Way). ACHD would not approve a public road connection to Eagle Road and would only consider a public road connection to % mile east of Eagle Road at the south property line. If the City Council denies the approaches, Staff feels the design of the plat would adequately provide interconnectivity by allowing two points of connection to Ustick Road, three points of connection the future collector road west of the site, and cross access to the south where the future signalized intersection with River Valley Drive will connect to Eagle Road. Staff is recommending approval of the subject application (PP -06-002) with the conditions contained in Exhibt C of this report. Staff is also recommending denial of the access variance (VAR -06-002) as outlined in the Variance staff report also to be heard on April 18, 2006. The Meridian Planning and Zoning Commission heard the item on March 16, 2006. At the March 16, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. Including a full access to Eagle Road at % mile south of Ustick Road. ii. Supporting a public road connection at '/a mile south of Ustick Road. d. Outstanding Issue(s) for City Council: i. Eagle Read Aeeess peiff6 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -06- 002 as presented in the staff report for the hearing date of April 18, 2006, and the preliminary plat labeled PP -1, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -06- 002 as presented in the staff report for the hearing date of April 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP - 06 -002 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: SE comer of Ustick Road and Eagle Road/SH55 Township 3N, Range 1E, Section 4 Gateway Marketplace Subdivision page 2 PP -06-002 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/2006 b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C -G) (AZ -03-018) f. Present Comprehensive Plan Designation: Mixed Use -Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant /Drive thru and other Commercial and office uses oriented around automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. 5. PROCESS FACTS a. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications for initial hearing published on: Council — March 27 and April 10, 2006 C. Radius notices for initial hearing mailed to properties within 300 feet on: Council — March 24, 2006 d. Applicant posted notice on site for initial hearing by: April 7, 2006. e. City Council conducted the initial hearing for this item on April 18, 2006 and approved the project. Before the findings were adopted, the applicant requested reconsideration. The reconsideration hearing was initially scheduled for June 6, 2006 and continued to June 27, 2006. The project was again continued to July 18, 2006 in order to incorporated ACRD conditions of approval see Exhibit B for ACHD's conditions). f. Newspaper notifications for Council reconsideration hearing published on: May 15, 2006 and May 29, 2006. g. Radius notices for Council reconsideration hearing mailed to properties within 300 feet on: May 11, 2006 h. Applicant posted notice on site for Council reconsideration hearing by: May 27, 2006. Gateway Marketplace Subdivision page 3 PP -06-002 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/2006 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area: Large lot residential, highway -oriented services, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C -G. 2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned C -G, RI, and RUT 3. South: undeveloped parcels zoned C -G with Redfeather Annexation. 4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT - proposed zone C -G d. History of Previous Actions: In April 2004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi -family Residential, transitional, and office uses under File AZ -03-018. Some property was annexed and zoned to General Retail and Commercial (C -G) with a Development Agreement while other portions of the property (on the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: Water main connection in Eagle Road is required. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Milk Lateral bisects the property 5. Hazards: None identified 6. Size of Property: 22.85 acres 7. Description of Use: Up to 250,000 square feet of Retail, Commercial, and Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information — The submitted plat contains 18 lots in a C -G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail spaces with six approximate 30,000 square foot buildings and 8 approximate 3,000 to 6,000 square foot buildings and 8 approximate 2,000 square foot attached buildings, and one approximate 40,000 square foot office/retail building. g. Landscaping — 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll. 1) proposes a 35 -foot wide buffer along both Ustick and Eagle Roads. If the Gateway Marketplace Subdivision page 4 PP -06-002 CITY OF MERIDIAN PLANNI46EPARTMENT STAFF REPORT FOR THE HI&ING DATE OF 7/18/2006 applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics — N/A i. Conditional Use Information: 1. Non-residential square footage: 250,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 25% 4. Percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities — The applicant is not required to provide an amenity k. Off -Street Parking (residential uses) — N/A 1. Proposed and Required Residential Standards — N/A m. Proposed and Required Non -Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. This may be addressed during detailed CUP review, CZC review, and/or building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): ■ The applicant is proposing two new access points to Eagle Road/SH55 to serve the Gateway Marketplace project at approximately 700 feet and 1200 feet south of the Ustick/Eagle Intersection. As noted above, ITD must issue a right-in/right-out permit and a full access permit for this site, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-311. At this time the policy in place would be for frontage roads to serve this site and provide connection to the 1/2 mile and the collector road systems. ITD has submitted a letter indicating that they will not make a decision on approving access to Eagle Road until such a time as the Meridian City Council has formally acted on the Variance request. City staff does not support any access to Eagle Road in this location. In addition, the applicant is proposing two new access points to Ustick Road at the following locations: ■ Driveway #1 — 350 feet east of Eagle (right-in/right-out with center median) ■ Driveway #2 — 700 feet east of Eagle (full access) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes. Gateway Marketplace Subdivision page 5 PP -06-002 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE H&ING DATE OF 7/18/2006 In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by IM at a point to be determined by ACRD. ACRD has stated that the applicant shall provide cross access south and east to connect to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. This project along with the Una Mas Project east of the site will connect with Ally Street, a proposed public street serving as a collector roadway to the entire area. The design received March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas Annexation) shows private, internal driveways connecting to the future public street; such driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately Ustick Road. For a detailed report on both TTD's and ACHD's actions and comments, please see the letters/reports submitted with the application. 7. AGENCY COMMENTS MEETING On December 28a' 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff will included all comments and recommended actions as Conditions of Approval if the Meridian Planning Commission requests approval of the design as presented. If the Meridian Planning Commission agrees with the staff analysis that a redraw of the plat will be required of the site then staff will provide comments at such time as a new proposal is ready for Commission review. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Gateway Marketplace Subdivision page 6 PP -06-002 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE MNG DATE OF 7/18/2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU -R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map the Development Agreement from the annexation shows this portion as commercial and consistent with the overall site plan when combined with the proposed Bienville Subdivision, and Sadie Creek Promenade Subdivision which are all bound by the same development agreement. The bulk proposal of uses would also meet the general classifications for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is not proposing access from the adjoining commercial areas by way of cross access, sidewalks or shared streets which will provide future connection to residential areas east of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation conzdors (Ustick Road and Eagle Road). Staff supports the proposed uses at this site as they are consistent with the Mixed use regional district and the approved development agreement. • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACfID evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACBD's standards as detailed in the staff report. Please see the ACBD staff report contained in the file. ITD has indicated that they will not act on the proposed access points to Eagle Road until such a time as the Meridian City Council acts on the variance requests. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). Gateway Marketplace Subdivision page 7 PP -06-002 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE KING DATE OF 7/18/2006 The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ■ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ■ "Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71) ■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD 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, Goal II, Obj. A, #12, page 79). ■ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ■ "Restrict curb cuts and access points on ... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store/restaurant/drive thru/ office/ financial institute uses as permitted uses in the C -G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail And Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. General Off -Street Parking Standards (from UDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. d. Structures Subject to Design Standards (11 -3A -19B5): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. Gateway Marketplace Subdivision page 8 PP -06-002 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE KING DATE OF 7/18/2006 e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. f. Development along State and Federal Highways (11 -3H -4B2): If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire 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. a. No new approaches directly accessing a state highway shall be allowed. b. Public street connections to the state highway shall only be allowed at: i. the section line road; and ii. the half -mile mark between section line roads. These half -mile connecting streets shall be collector roads. Section 11-311-3: 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 he between the applicant's property and the nearest section line road and/or half mile collector road. The intent is to provide for future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half -mile collector road. The street shall be designed to collect and distribute traffic (emphasis added). 10a. Analysis of Facts Leading to Staff Recommendation The revised PP application substantially complies with the Unified Development Code. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation PP Application (PP -06-002): The REVISED preliminary plat can be conditioned to comply with the Unified Development Code. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. Non -Residential Buildings: The applicant has requested a maximum of 250,000 square feet of retail/restaurant/office spaces. Staff does not propose to limit the applicant to their request as this area is designated as commercial, is surrounded by other commercial uses and is a prime location for intense commercial uses designed in a clustered fashion. Drive Thru Separation: The applicant has requested several lots to be drive thru retail uses which have a spacing requirement of 300'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this Gateway Marketplace Subdivision page 9 PP -06-002 CITY OF MERIDIAN PLANNAWEPARTMENT STAFF REPORT FOR THE H*ING DATE OF 7/18/2006 application. If a drive-thru use is proposed within 300' of another drive thru then, a conditional use application must be approved. Access to SH 55/ Eagle Road: The applicant has requested an access point to Eagle Road. According to ITD records, the applicant has submitted a request for access permit but is not vested with an access point for this location as the change in use is the deciding factor as to when an access point be granted. Currently the site has no access to Eagle Road and the use is agricultural/residential where the plat will change the use to commercial and is subject to the design requirements of UDC 11-311. UDC requires that all access for Gateway Marketplace Subdivision shall be taken from Ustick Road at points determined by ACHD. Uses: All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-213-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. Sidewalks: The applicant is proposing to construct internal sidewalks on the major tenant entryways of the internal streets/drive aisles. The design shows the incorporation of the eight -foot walkway which is directed to the main access to the commercial building. When and if the plat is resubmitted as recommended, the applicant shall provide a consistent pedestrian access corridors as shown on the revised site plan dated March 10, 2006. Commercial Amenities: The applicant is showing additional landscaping/patio/seating outside along lots 1, 17, and 18. Staff supports the elimination of additional parking along Eagle Road and when the detailed approvals are submitted for each building the applicant shall ensure these features are included as amenities in the intersections of the gateway corridors. Landscape Street Buffers: Arterials: UDC 11-213 requires a 35 -foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Ustick Road and Eagle Road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-213 requires a 10 -foot wide street buffer along commercial roadways. The submitted plat does not include commercial cross access east and south. Staff feels that a designed commercial cross access street shall be provided and subject to the landscape standards for commercial street buffers. Within the 10 -foot street buffer, a detached sidewalk shall be provided. Ditches, Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site. See Exhibit B below. Pressure Irrigation: ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Gateway Marketplace Subdivision page 10 PP -06-002 CITY OF MERIDIAN PLANNI WEPARTMENT STAFF REPORT FOR THE HOING DATE OF 7/18/2006 Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Cross -access Internal: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross -access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the retail and other commercial portions of the subdivision to use the driveways and parking aisles. Access to Eagle road shall be determined by the Meridian City Council and at least the non -signalized access point to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction in cooperation with the parcel east of the site. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross -access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access points shown at approximately 850 feet south and 1350 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. Loading Space Parking: UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/service area behind the building. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff s interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and Eagle Road) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the fagade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) Gateway Marketplace Subdivision page 11 PP -06-002 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE H*ING DATE OF 7/18/2006 cornices. c) Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Smooth -faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call -out how or if the refuse/service area on the east side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Cross Access: The property to the south is dependent on access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Ustick Road. The applicant has provided a design not showing any points of access within the immediate vicinity. These points of access are paramount on the success of the general area and staff feels a minimum of three points of cross access shall be provided to the east and one point of access to the south, which shall all be designed to private street standards for pedestrian and vehicular traffic circulation. Strip Development: The purpose statement of the General Commercial District specifically reads, "shall not constitute strip commercial development and encourage clustering of commercial development." The comprehensive plan policies further reads, "Use the comprehensive plan, subdivision regulations, and zoning to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors." The applicant has revised the plans to address this concern. Changes to the original design include moving access points away from Ustick to allow for better stacking, this also eliminated the small lots along the ustick frontage and replaced them with more retail/restaurant uses on larger pad style uses. These pad uses also incorporated additional landscapeing screening and redirection of traffic/pedestrian movement along Ustick. The applicant also removed one large box user pad and moved it to a pad in a central location, shown on the redesign as lot 11. The applicant has revised the landscape plan and has included six landscape strips with internal sidewalks to break the parking lot into smaller sections. Staff would find that the redesign of the project would not constitute strip development as shown on the design revised March 10, 2006. 9b. Staff Recommendation: Based on the above analysis, staff finds the revised Preliminary Plat applications conforms to the adopted DA, Comprehensive Plan policies and UDC standards. As noted under staff analysis we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned. Staff recommends approval of the application subject to the conditions of approval shown in Exhibit B. 11. EDITS A. Drawings 1. Preliminary Plat (by The Land Group, Revised March 10, 2006) Gateway Marketplace Subdivision page 12 PP -06-002 CITY OF MERIDIAN PLANNII&EPARTMENT STAFF REPORT FOR THE RING DATE OF 7/18/2006 2. Landscape Plan (by The Land Group, dated March 7, 2006) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD dated D. Required Findings from UDC 1. Preliminary Plat Gateway Marketplace Subdivision page 13 PP -06-002 CITY OF MERIDIAN PLANNI1WEPARTMENT STAFF REPORT FOR THE H*ING DATE OF 7/18/2006 Exhibit Al: Preliminary Plat PP-1(The Land Group) Revised March 10, 2006 ft, Millti s s areae � aaaaa 5aaa lie f - Gateway Marketplace Subdivision Exhibit A Page 1 ij ' I • I &$11mm GATEWAY MARKETPLACE SUBDIVISION® Preliminary Plat Gateway Marketplace Subdivision Exhibit A Page 1 ij CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 7/18/2006 Exhibit A2: Landscape Plan L1.1(The Land Group) Dated March 7, 2006 lm�I - 'R' Gateway Marketplace Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HOING DATE OF 7/18/2006 Exhibit B: Legal Description claiborn -& waite consultio lac engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 P.N. 2279 October 20, 2005 PARCEL "A" USTICK PROPERTY REMAINDER PARCEL DESCRIPTION A parcel of land lying in the Northwest 1/4 of Section 4, UN., RAE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest corm of said Section 4, thence S 89 49'08" E along the North boundary of said Section 4 and the centerline of Ustick Road for a distance of 97.62' feet; thence leaving said North boundary and centerline S or 50'52" W for a distance of 77.96 feet to a point on the South right-of-way line of Usdck Road, being the REAL POINT OF BEGINNING; thence along said South right-of-way line for the following 13 courses: N 44 0214" E for a distance of 47.06 feet; thence S 89 49'08" E for a distance of 262.81 feet; thence S 47 51'21" E for a distance of 4 1. 18 feet; thence N 87 117'10" E for a distance of 29.03 feet; thence N 47 43'35" E for a distance of 40.57 feet; thence N 89' 13'34" E for a distance of 179.28 feet (formerly described as 179.20 feet); VLALC 0 35'5 ' L fut 1 J.A:J 10EA, thence S 89' 49'08" E for a distance of 10.00 feet; ih;nee N oo ; ,, , h 1o. a aisuu,c:e of 15.4i feet. C:tProject9\VstickLLA (2279)1Documents\Paroel Ado,- I - Gateway Marketplace Subdivision Exhibit B Page I CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE H*ING DATE OF 7/18/2006 P.N. 2279 cloiborn ujolte consulting. Ilc engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 PARCEL "B" USTICK PROPERTY 5.51 ACRE SPLIT October 20, 2005 A parcel of land lying in the Northwest 1/4 of Section 4, UN., K 1E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest corner of said Section 4, thence S 89 49'08" E along the North boundary of said Section 4 and the centerline of Ustick Road for a distance of 97.62' feet; thence leaving said North boundary and centerline S Or 50'52" W for a distance of 77.96 feet to a point on the East right-of-way line of Eagle Road; thence along said East right-of-way line S or 50'52" W for a distance of 1038.43 feet to the REAL POINT OF BEGINNING; thence continuing along said Fast right-of-way line S 01' 50'52" W for a distance of 154.90 feet; thence S 0B 36'13" W along said East right-of-way line for a distance of 114.17 feet; thence leaving said East right-of-way lute S 89F 51'00" E for a distance of 700.02 feet; thence N 00' 36113" E for a distance of 93.77 feet to the South boundary of Government Lot 4 of said Section 4; thence S 89 51'00" E along said South boundary for a distance of 61.3 5 feet; tltn a Iapv;.- ca;A C.tit e1 t..i. �a..r , a: the �r�•t t --.. g ••r t lei. t: U:.=tii:IL� L.... J...�4 fcjt, thence N 89 5l'00" W for a distance of 363.00 feet; tl ; tti:: .1 rtri :!;-*00' W fi^vl. C:1Pr0jWAUstickLLA (2279)WocumentslParcel B.doc. 1 . Gateway Marketplace Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLANNII&EPARTMENT STAFF REPORT FOR THE HOING DATE OF 7/18/2006 thence N 89' 51'00" W for a distance of 177.00 feet; thence S OU 09'00" W for a distance of 34.50 feet; thence N 891 51'00" W for a distance of 218.67 feet to the REAL POINT OF BEGINNING, containing 5.51 acres of land, more or less. Prepared by: Todd R Waite P.L.S. C:1ProjectSNUstickLLA (2279)\Documents\Pa=lA.doc- 2 - CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE H19ING DATE OF 7/18/2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS— (Gateway Marketplace) 1.1.1 The preliminary plat labeled as PP -1 prepared by The Land Group, Revised March 10, 2006, shall is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -03-018) Development Agreement shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is available on site, located near the refuse/service area designed at the building. 1.1.3 Graphically depict on the face of the plat, the required 35 -foot wide landscape buffer along Ustick Road and Eagle Road. 1.1.4 The applicant shall consider the landscape plan approved as submitted with the following Individual lot landscaping considerations, the final plans shall significantly conform to the submitted plan which shows: • Pad spaces with landscaping, patio, and cooperative outdoor user space. Lots 1, 3, 4, 5, 17, and 18 • Perimeter landscaping- 20' along the eastern perimeter • Roadway landscaping- 20' with an internal sidewalk along the southern perimeter and a minimum of/2 of a 42' road section. • Internal sidewalks/landscaping planters- these planters shall have a minimum of one tree per 35' and an 8' wide sidewalk. 1.1.5 No direct lot access to Ustick Road or Eagle Road will be allowed. The existing driveways to Eagle Road may be for construction purposes if approved by TTD. At such time, access to Eagle Road shall be prohibited unless specifically granted through variance. 1.1.6 That prior to signature of the city engineer cross access to parcels east and south of the site be granted. 1.1.7 The applicant shall provide commercial cross access drives to the properties east of the site as shown on the revised plans. These access roadways shall be designed according to private street standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking or backing on to the service drive, a one side five foot detached sidewalk with a 5' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway (Ally Street) east of the site, through the Una Mas Annexation site, and provide the most direct vehicular traffic flow to a public road system. 1.1.8 The applicant shall work with ACRD to determine if a public frontage road shall be provided at the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage road shall be reserved at this site until such a time as ACHD staff provides a written statement refusing the reserved area. 1.1.9 Maintenance of all common areas shall be the responsibility of the Gateway Marketplace Subdivision Business' Owners Association(s) 1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Gateway Marketplace as an approved subdivision name. Gateway Marketplace Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE KING DATE OF 7/18/2006 1.1.11 Any roof -mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11 -3A-1 1. 1.1.13 All structures within Gateway Marketplace Subdivision shall submit a design review application at the time of Certificate of Zoning Compliance application. 1.1.14 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 1.1.15 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1.1.16 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.17 Provide internal cross access/cross parking agreement(s) for all lots in Gateway Marketplace Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.18 Other than the points of access approved by ACHD, direct lot access to Ustick Road and Eagle Road is prohibited. A note shall be placed on the foal plat restricting access to Eagle Road and Ustick Road. 1.1.19 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. 1.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 1.1.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.1.22 Allys Way shall serve as frontage road, with applicant committing to pay one half of construction costs. GENERAL REQUIREMENTS PRELIMINARY PLAT 1.1.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Gateway Marketplace Subdivision Exhibit C Page 2 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE KING DATE OF 7/18/2006 1.1.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.6 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the applicant of responsibility for compliance. 1.1.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the commercial uses on this project, a connection to the water main in Eagle Road shall be required to guarantee adequate fire flow. Coordinate main size and routing with the Public Works Department. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated the pressure irrigation system in this development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required Gateway Marketplace Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE MNG DATE OF 7/18/2006 prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 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. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply witb the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building Gateway Marketplace Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HOING DATE OF 7/18/2006 pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 3. Meridian Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 V2" 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 comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The 23 officelcommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3 800 by the year 2010. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. Gateway Marketplace Subdivision Exhibit C Page 5 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE 10ING DATE OF 7/18/2006 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). i. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). ii. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.17 Side yard fences shall not be allowed. 3.18 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. Police Department 4.1 The police department supports the requirement for a frontage road as the length and bulk of the proposed buildings impedes serviceability to all sides of the project. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service Company Gateway Marketplace Subdivision Exhibit C Page 6 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE H&NG DATE OF 7/18/2006 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval (Note: previous conditions were deleted and replaced.) 7.1. Construct a 5 -foot wide detached concrete sidewalk on Ustick Road. Provide a sidewalk easement for sidewalk located outside of the right-of-way. 7.2. Utilize a rihg t-in/right-out driveway on Ustick Road located approximately 350 -feet east of SH - 55. Construct a raised median in the center of the roadway to restrict the access. 7.3. Utilize a full access driveway on Ustick Road located approximately 700 -feet east of SH -55. 7.4. Construct the westerly half of Allys Way from Ustick to a Qoint approximately 1,355 -feet south of Ustick. The westerly half of the roadway shall include vertical curb, gutter, 5 -foot detached concrete sidewalk, and a minimum 24 -feet of pavement. 7.5. Enter into a Development Agreement with the District to provide for the design and construction of Allys Way to a full 46 -foot street section with curb, gutter and sidewalk on both sides from Ustick Road south approximately 1,355 -feet. The District should be responsible for the cost of curb, gutter and sidewalk on the east side of Allys Way and 18 -feet of pavement to complete the road section. The Development Agreement should be executed prior to approval of the final plat. 7.6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5 Comply with the District's Tree Planter Width Interim Policy. 7.6 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. 7.7 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. Gateway Marketplace Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE H&NG DATE OF 7/18/2006 7.8 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. 7.9 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. 7.10 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. 7.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12 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. 7.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Gateway Marketplace Subdivision Exhibit C Page 8 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE WING DATE OF 7/18/2006 Exhibit D. Required Findings from Unified Development Code Preliminary Plat Findings (UDC 11-6B-6): In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. The Council finds that the requested General Commercial (C -G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use - Regional". The purpose of the C -G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The availability of public services to accommodate the proposed development; The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road and extended south through the site to be looped with extensions in Eagle Road. 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. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions which will is attached as Exhibit C. On December 28, 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, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. C. The continuity of the proposed development with the capital improvement program; Gateway Marketplace Subdivision Exhibit F Page 1 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 7/18/2006 Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Gateway Marketplace Subdivision Exhibit F Page 2 July 14, 2006 AZ 06-009 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Centennial Development, LLC ITEM NO. 14 REQUEST Public Hearing — Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision — 470 West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Affidavit of Posting COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 PP 06-007 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Centennial Development, LLC ITEM NO. 15 REQUEST Public Hearing — Request for Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision 470 West McMillan 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 Attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 AZ 06-022 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Briggs Engineering ITEM NO. 16 REQUEST Public Hearing — Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision — 4052 & 4202 West Daphine Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Affidavit of Posting COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Briggs Engineering ITEM NO. 17 REQUEST Public Hearing — Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision 4052 & 4202 West Daphine Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 AZ 06-024 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Briggs Engineering ITEM NO. 18 REQUEST Public Hearing -- Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision -- east of Eagle Road and south of Zeldia Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See Attached Citizens Comments -- Multiple Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 PP 06-023 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Briggs Engineering ITEM NO. 19 REQUEST Public Hearing — Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision — east of Eagle Road and south of Zeldia Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations OTHER: See Attached Citizens Comments -- Multiple Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 14, 2006 AZ 06-025 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT RMR Consulting, Inc. ITEM NO. 20 REQUEST Public Hearing — Request for Annexation and Zoning of 95.57 acres from RUT to R-8 and L -O zones for Baraya Subdivision — southeast comer of West Franklin Road and South 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: See Attached Affidavit of Posting COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. July 14, 2006 PP 06-024 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT RMR Consulting, Inc. ITEM NO. 21 REQUEST Public Hearing — Request for Preliminary Plat approval of 406 single-family residential lots, 1 office and 23 other / common lots on 94.05 acres in the proposed R-8 and L -O zones for Baraya Subdivision — southeast comer of W. Franklin & S. Black Cat 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 shall become property of the City of Meridian. 0 • July 14, 2006 AZ 06-006 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Sea 2 Sea, LLC ITEM NO. 22 REQUEST Ordinance -- Request for Annexation and Zoning of 10.01 acres from RUT to C -G zone for Knighthill Center Subdivision -- southwest corner of Linder Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Ordinance db� ADA COUNTY RECORDER J..DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/31/06 02:f` DEPUTY Bonnie Dberbillig ' III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED -REQUEST OF Meridian City Public Warks 1061 22364 CITY OF MERIDIAN ORDINANCE NO. 6� - 12 -4'2 -- BY Z4'2i BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-006 KNIGHTHELL CENTER SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NORTHEAST 1/ OF THE NORTHEAST % OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, 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: Foothill Knights, 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 -06-006 KNIGHTHILL CENTER SUB Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this lg 75 day of 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this � day of �� , 2006. 4" Y©&,�; 01�W de WEERD OF WILLIAM G. BERG, Jy., CAY OLE BEAL ANNEXATION OF AZ -06-006 KNIG ; +C SUB Page 2 of 3 �IfiiffifF3#t#kt4i STATE OF IDAHO, ) . ) ss County of Ada ) On this ($""' day of u.l 2006, before me, the undersigned, a Notary Public in and for said Sdate, 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. 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L z.0ON Zt 'ON NOISWOSnS S7W-4 VSHOOI a G 0 t'0 'n, Hl.9S,t S.00S l N Q � O N � v t0 p C TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SmvEyORS AND PLANNERS Project: 05143 Date: December 21, 2005 Page: 1 of 1 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 0 FAX 208-323-2399 bolse@toengrco.com EXHIBIT "A" Land Description for CG Rezone A parcel of land located in the NE % of the NE % of Section .26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a found aluminum cap, marking the comer common to Sections 23, 24, 25 and 26, from which a found brass cap, marking the quarter comer common to said Sections 25 and 26, bears 5.00°5456"W., 2657.54 feet; thence, along the section line common to said Sections 25 and 26 (centerline of N. Linder Road), 1) S.00 -54'56"W., 663.91 feet; thence, leaving said section line, 2) N.89004'59'W., 725.02 feet; thence, 3) . N.00°21' 13"W., 656.84 feet to the centerline of W. Chinden Boulevard; thence, along said centerline the following courses: 4) S.89°38'47"E., 650.61 feet to the beginning of atangent curve; thence, 5) Southeasterly along said curve to the right, having a radius of 34,377.48 feet, an arc length of 80.89 feet, through a central angle of 00008'05", and a chord bearing and distance of S.89034'44"E., 80.89 feet to the POINT OF BEGINNING. CONTAINING: 11.04 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of-Way,.Easements of Record and any Encumbrances. RE ilp 16 2106 WORKS Os 1. R\05143\WPfties\DESCRIMONS105143-ExhA-CG Rewne,dcc RnT.gR • OnPT IV J* A'r V WTr - ll T T1 �.nT Y NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- _ / 242 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Northeast 1/ of the Northeast '/ of Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment «A» This parcel contains 10.011 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, Meridar,"Id...... Ph}�S ordinance shall become effective on the day of ,;z,7& , Mayor and City Council of the Cij�r ofian"� By: William G. Berg, Jr., City Clerk LT` First Reading:,�.eading by suspension of the p Rule as allowed pursuant to Idaho Code &902twit S NO Second Reading: - Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- f Z4 -2 - 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- 12--4-2,- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this W day of 92006. 1 �77J William. L.M. NATY, City Atto ey ORDINANCE SUMMARY - AZ -06-006 KNIGHTHELL CENTER SUB Page 1 of 1 July 14, 2006 AZ 06-005 MERIDIAN CITY COUNCIL MEETING July 18, 2006 APPLICANT Sea 2 Sea, LLC ITEM NO. 23 REQUEST Ordinance -- Request for Annexation and Zoning of 58.65 acres from RR to R-4 (32.86 acres), TN -C (14, 54 acres) and C -C (11.16 acres) for Knight Sky Estates Subdivision -- northwest corner of Chinden Boulevard & Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. 6 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 10 BOISE IDAHO 07/31106 r" i PM DEPUTY Bnie RECORDED -REQUEST OF Meridian City Public Works 106122353 CITY OF MERIDIAN ORDINANCE NO. P6 l2— 4-? BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-005 KNIGHT SKY SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTH % OF THE SOUTHEAST % OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, 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 R4 (LOW DENSITY RESIDENTIAL), TN -C (TRADITIONAL NEIGHBORHOOD CENTER) AND C -C (COMMERCIAL BUSINESS 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: Foothill Knights, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential), TN -C (Traditional Neighborhood Center) and C -C (Commercial Business 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. ANNEXATION OF AZ -06-005 KNIGHT SKY SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day ofyr� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ZB 'day of C%�y% , 2006. ANNEXATION OF AZ -06-005 KNIGHT SKY SUBDIVISION Page 2 of 3 \\,t1S,31lI1111;r ATTEST: J WILLIAM G. BERG, JR., CITY CLE_ STATE OF IDAHO, ) : ) ss County of Ada ) On this 191*' day of�, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. *'son**** (SEA,) ;Z. • • 410, s A'U�aM--1Uu'j NOTARY PUBLIC FOR IDAHO RESIDING AT: N cty UT T A, I o MY COMMISSION EXPIRES: 10 -1►-11 ANNEXATION OF AZ -06-005 KNIGHT SKY SUBDIVISION Page 3 of 3 Legal Descriptions TOOTHMAN-ORTON ENGINEERING COMPANY COST Mn t'.P*NE.ERS, surtvgrotts AM) PLAKN as 9777 CHI OEM BOULEVAan ROISF, tnA}IO a37 mzow 208.323.2288 • 6AX208.323.23" b*hc*1mn&,c*& n Project: 05087 Date: January 1 '. 2006 Page: I of 2 EXHIBIT"A" Total Rezone Area . Description A parcel ofland situated in the South 112 of the Southeast.Quarter of Section 2, Township 4 north. Range. 1 %rest, Boise Meridian: being apottion of 1.01 1. Bloch 1 Brandt Subdivision..rccorded in Book 50 of Plats. Pages 5785-5786, record afAda County. Jdaho; and all of that parcel of land as shown on Record of Survey Instrument No. 94079392, Records of Ada County, Idaho, being more particularly desen'bed as follows: IIEGY,YjqWG at found aluminum cap, marking the comer common to Sections 23. 24,25 and 26, TO reship 4 Noah. ,Range I West, Boise Meridian: from which a .found aluminum cap, marking the 1/4 comer common 10 Sections 23 -and 26 bears 8'47"iV,. 2b29.97 feet; thence. a and 24, long the section line common to said Sections 23 and 24 1 S.00254'56"W., o.10 feet to a point on a curve in the centerline of 4'V. Chinden Boulevard; thence, 2) Northwesterly along said curse. having a radius of 34.377,48 feet, an are length of 80.89 feel, through a central angle of 00008'05'', and a chord bearing and distance ofN189°37'4,'., 84.89 feet to a point of tangency on the section line common to said Sections 23 and 26; thence, along said section line. 3) N 89°.18'47"W , 2316.07 Feet to a point on the southerly extension of the westerly line of said "Lot 1; thence, along said southerly extension and said westerly line of Lot 1. 41 N-00'37-09-1;.. 841.06 feet to a point, marking the southwestern corner of a parcel of land descArd in Deed Instrument No. 101128387: thene-e. along the southerly and WMterlY lines of said parcel, the folloj%ing courses: 5) S.89'4 I '45"E.. 17106 to point: thence. 6 i N.00°27'09"E.. 480.00 t'eet to a point an the northerly line of said Lot I: thence. alone said northerly line. H oErrS't!'?'d4sS1iR�'EY8ch:1-;C�r�LRiZtt,'�.b.aRL'.4:iti BOISE . COEUR&.U.ENE • CALDIVELL TOOTHMAN-OltTON ENG7NEEWN(; COMPANY Project; 05087 Date: January 12. 2006 Page; ? C)r2 7) S.89°41 *4,;"E,. 1393.14 feet to a found 1!2" rebar with plastic cap. marking the north"sterly corner of Lot 10, Block 1 Brandt Subdivision, thence, alone rite westerly 19ne of Lots 6 through 10. Block 1 of said Brandt Subdivision. 8) S.00°4823"fit'.. 903.94 fleet Io a point: thence. along the southern fine of said I,ot 6 and the soathcrli• line of Lot 5. Block 1 of said Brandt Subdivision. 9) S.88'$0.33"E., 441.26 feet to a point. thence. along the easterly line of said Lot 5, 10) N.00"97 -29.-E., 196.40 feet to a point; thencc, along the southerly line of Lots 2 and 3. Block l of said Brandt Subdivision, 1 l) S.89°12'31 -'.E.. 498.61 feet to the centerline of N. Linder Road: thence along said centerline. 12) S -00-4729"W..605.00 fact to the POM OF BEGIiYI'-ING. CONTAIMNIG 58.56 acres, more or less. SUlc3,T1 CT TO all Covenants, Rights, Rights -of -Way, Easetnews of Record and any Encumbrances. REV W APP�QV BYE ►�' _ JUN 16 2006 MERIDIAN PUBLIC WORKS DEPT. h��69*11.MeSSICAVE.).' %hp-t0Tit..1EZCNvE.jLrC. %uc TOOTHMAN-ORTON ENGTNEERING COMPANY CONSUMNO MCANEMM, 5URVMRS MCD PLANNGRS 9777 CI LINDEN BOULEVARD 8035E ILWIOB3/t4-2008 208-323.2288 • FAX 208.323-2399 Project No: 05087 butsfinens`Go cm .Data: December 16, 2005 Page: 1 of 1 Land Description for R4 Rezone A parcel of land locateed in the S % of the SE 3/+ of Section 23, Township 4-Nmh, Range i West, Boise Meridian, Ada Couariy, Idaho, being a portion of Lot 1, Block 1 of BR.ANDT SUBDIVISION, described as follows: C01411 MCING at apoint making the corner common to Sections ?3.24,25 and 26, Township 4 Nortb, Range 1 West, Boise Meridian. from which the '/, corner common to said Sections 23 and 26 bears N.8998'47'W, 2629.97 feet; thence, along the line common to said Sections 23 and 26, A) N.89e38'4TV, 2596.9T feet to a point on the southcrty extension of the westerly line ofsaidLot 1, ]flock 1 of BRANDT SUBDIVISION; thence, along said southerly extension thereof and the westerly line of said Lot 1, B) N.00°27'09'T., 381.37 feet to the POINT OF BEGINNING; thence, continuing along said westerly line, I ) NA0°27'09"E., 459.69 feet+ tbence, along the southerly and easterly lite of a parcel of )and described in Deed Instrument No. 10 1128387, records of Ada County, Idaho, the following courses: 2) S.89o41'45"E., 272.00 feet, thence, 3) N.00°27' 09"E., 480.00 feet to the northerly line of said Lot 1; thence, along said northerly line, 4) S89°41'45"%.,1393.14' to the northwesterly corner ofLot 10, Block 1, BRANDT SUBDIVISION, thence, along the westerly Hue of Lots 10, 9, 8, 7, and. 6, Block I of said subdivision and the southerly extension thereof, 5) S.00°48'23"W, 939.88 feet; thence, 6) N,89o41'25"W.,1659.34 feet to the POINT OF BEGINNING. CONTAINING: 32.86 Acres, more or less. SUBUCT TO: All covenants, Rights, Rights -of -Way, Easements of Records and any Encumbrances. UV5087%WFMa%URVEY0M-1t4 REMM DE$CR(F1 W doe BOISE • tlflEUR d`ALr E • CA�.li1O APPR Y BY ,U14 16 2005 tem,31AN pusuc Wogy's OWL TOOTHIHAN•ORTON P-NGINEERING COMPANY CON%4=0 EMIRS E trk SURVIVORS AND PLANNERS 9717 CHINDEN ROULEVARo SC?M IDAHO 33714-2008 208.323-1288 • rAx 208.423.2399 Project No: 05007 Date: tune 1, 2006 Page: I of 2 EX$IB1T "A" Land Description for C -C Rezone A parcel of land located in the S A of the SE I/, of Section 23, Tawnsblp 4 North, RAW i West, Boise Meridian, Ada County, Idaho, being a portion ofLot 1, Block I of BRANDT SUBDIVISION. and all that parcel of land, as show on a Record of Survey, recorded as InStrurneut No. 94079392, records of Ada County, Idaho, described as follows: BEGINNING at•a point, marking the comer common to Sections 23, 24, 25 and 26, Township 4 North, Range I West, Boise Meridian, from which the % corner common to said Sections 23 and 26 bearsN.890311'47'W., 2629.97 feet; ftwe, alongthe line Gammon to said Sections 25 and 26, 1) S -00°54'56"W., 6.10 feet to a point on a curve, marking the centerline of W. Chindea Boulevard; thence, along said centerline, non tangent with the previous course; 2) Northwesterly along said alive to the left, having a radius of 34,377.4& feet, an are length of 90.89 feet through a central angle of 00 08'05", and a chord beaming and distance of N.89°34'43" W., 80.99 feet to a point of tangency; thence, continuing along said cetrterline, 3) N.89038'47"W., 417.73 feet to a point on the southerly extension of the westerly Slue of Lot 5, Block I of said subdivision; thence, along said southerly extension thereof, 4) N.00°47'29 "E., 412.41 feet to the southeasterly corner of said Lot 5; thence, along the easterly line of said Loi 5, 5) N.00°4T29"E., 196.40 feet to the southwesterly corner of Lat 3, Block 1 of said subdivision; thence, along the southerly line of said T,ot 3 and Lot 2, Block 1 of said subdivision, 6) S8901213 111E, 498.61 feet to the centerline of N. Linder Road; thence, along said centerline, tS'Z%MwFMeAS4'RvaYtb" c -c Razon DesciuPrtox 2.dw BOISE - COEtDR&ALL•cNE - CAU)WEt.t. Project No: 05087 Date: December 27, 2005 Page: 1 of 2 7) S.00°47'29" W., 605.00 feet to the POINT OF BECLIgMG, CONI'ALNMG: 6.95 acres, more or less. SUBJECT TO: All covenants, Rights, Rights -of --way, Easements of Records and any Encumbrances. WA5Wwratas%KMV9sr►E— c C RMONE oESCWrIGN 24x P APPRD AL �---'•�' gY M�WO�KS pti �1C TOOTHMAN-ORTON ENGiNFjEMG COMPANY CohMULfING tGfQ1iV Mts, SURVWQRS AND Pt.RATQ31tS Projtvt No: 05087 Date: June 1, 2006 Page: I of i 9777 CHMEN BOULEVARD BOCK UMHO 41714;2b08 208,323-1288 - FAX 200.322.2394 boheth—yw com EX1f IT "A" Land Description for TN -C Rezone At parcel of land located in the S % of the SE V4 of Section 23, Toiomsidp 4 North, Range 1 West; 'Boise Meridian, Acta County, Idaho, being, a portion of Lot 1, Block 1 of BRANDT SUBDMSION, descriW as folio": COAnIENCL G ata point, marking the corner common to Sections 23, 24, 25 and 26. Tovmsbip 4-Nonh, Range 1 West, Boise Meridian, from %vhiab the / corner common to said Sections 23 and 26 bearsN.A.4°38'4rW., 2629.97 feet; thence, along the line common to said Sections 23 and 26, A) N.89638147"W., 498.62 feet to tho POINT OR BEGMMNG, thence, continuing along said common line (also the cw.terlim of W. Ch nden Boulevard), 1) N.99 -38'47"W., 209 8.3 5 feet to a point on the southerly extension of the tivesterly line of said Lot 1; thence, along said southerly extension. and said westerly line of%ot 1, 2) N1.00-27'09"1;., 381-37 feet; thence, leaving said westerly iittei, 3) S. 3741'25"E.,1659.34 feet to a point on the southerly extension of the westerly line ofLut 6, Block I of said subdivision; thence, along said southerly extension, 4) N.00648'2311E., 35.93 feet to the southwesterly corner of said Lot 6; thence, along the southerly line of said Lot 6 and the southerly line of Lot 5, Block I of said subdivhiott, 5) S.88°50' 33"1;-,441.26 feet to the southeasterly comer of said Lot 5; thence, Wong the southerly extension of the easterly line of said Lot 5, 6) S.00.47'29"W., 412.41 feet to the POINT OR BEGINAl1riG. CONTAININCG:18.75 acres, more or less. SVMCT T TO: All covenants, Rights, Rights -of --Way, ftements of Records and any Encumbrances. W-Vd057tWPfhaWWVSY1P d?A-T*C REZONN DESCA:PrIM adw BOISE - COEUtt ALEWS - C ALDWELL Jt�P -U`r .. _..._._- Py.. JUN 16 2005 WORKS DF5PTIC IS f01 N ecAOL 3.�a+- QYpa(QAtt7 7Yz v 1 _ snaas�w law e74M� 0 .D �y ¢MO N 01 i6l �enrs, s -a 1 .MNh maw e. CQ i ar 00 pq VM on v m m . Q 'Q w LL O0 C j p l FR '9V W w opt i N C o cecszuot ea 1wromm f mo 101WA 134 f a so real l r , ,„— zsar��------ o� lswm 'BL Soi N W Noww(mns smumdu .NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- /2- f-9 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the South %Z of the Southeast % of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A" This parcel contains 58.56 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 OF Mayor and City Council of ffie City QTMnndianBy: William G. Berg, Jr., City Clerk_ First Reading: ?8-06 J Rule as allowed pursuant to Idaho Coc Second Reading: by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- f Z_ 43 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- / 2- 4�3 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this'A day of 2006. L J William. L.M. Nary, City Attorney ORDINANCE SUMMARY - AZ -06-005 MIGHT SKY SUBDIVISION Page 1 of 1 • July 14, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT • July 18, 2006 ITEM NO. 24 REQUEST Approve 2007 Fiscal Year Tentative Budget 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: (A/ 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. r -- C) CD J �� N a Ic O O co- O LL " t COO tOC ~ N N CO r CO C> I` In m r 11 co co D X 3 CD N7OO O 00 00 =C CC C> O O 0 o r N W 00 N LL 00 d O 00 O CD CII 00 Cn Cl to C c E �~ O M 0 "N 00 M o CD LO r -- C) CD �O N0000 V, c C O O O O co- CD N M O LL " t COO tOC F. M N C I` I-- 0 W r -- C) CD �O N0000 V, LO M LL t- d C6 co- M >co W� co N tOC y CO m r D d W D X 3 0 o O 00 00 C C Coq VO' N Op LL coOO CO � 000 La V o v I• o M CII N O cLU d E .• c to -c 0 00 M o CD O C CO H v 000_ 000 I - E tto N C�0 C x� N Q U LL N It 1 3 - 1.- id N � "t N 0 LO 0; C d r -- C) W E F D W X 3 � O LLI z O a y o U 0 N O cLU W � � O .• c to -c 0 N 'a0 m 0) :3a U H E N C�0 C x� N Q U LL IW m W W 1 3 - 1.- n0 0 CV LL Q 0 GENERAL FUND PERSONNEL 9 Council FY2007 Budget Summary FY2006 General Fund Revenues: Unreserved Revenues 15,447,063 Reserved Revenue CapttalFund 1,264,400 FY2007 Proposed Revenues adds revenue Accountant 60,812 4,330 900 1,700 General Fund $ 18,299,733 $ 2,085,060 $ 90,000 merit 5.0% Department PERSONNEL OPERATING FTE's TOTAL Disaster Recovery Admin 956,348 429,008 22.0 1,385,356 124,000 Police 6,045,581 1,484,262 83.0 7,529,843 2,800 77,610 Fire 4,560,343 503,915 48.5 5,054,268 - - Parks 782,819 492,940 12.5 1,255,759 3,025 1,900 merit Increase 400,263 400,263 _ WITHDRAWN TOTAL BUDGET BASE 12,715,354 2,910,125 166.0 $ 15,625,479 112 Flnance,HR,IT to Enterprise (100,291) GENERAL FUND Available Balance (38,350) - $ 2,674,254 Department Specialist less Capital Replacements: 675 1,850 $ 335,410.00 2,338,844 Finam HR IT IT IT IT IT Clerk PD PD PD PD PD PD PD PD PD PD PD 13 PD 12 PD 13 PD 14 PD 15 PD 18 PD 17 PD 18 PD 19 PD fire fire fire fire fire fire fire fire Enhancements: PERSONNEL OPERATING 1 time Ops CAPITAL TOTAL adds revenue Accountant 60,812 4,330 900 1,700 67,742 1 AsplrsOn Retainer - 72,000 - 72,000 Disaster Recovery 4,000 - 120,080 124,000 ! Network Specialist 69,885 3,025 1,900 2,800 77,610 I Help Desk Technician . WITHDRAWN - - I Database Application Develp 69,885 3,025 1,900 2,800 77,610 i Ethernet Fall -Over _ WITHDRAWN - 112 Flnance,HR,IT to Enterprise (100,291) (71190) (38,350) - (145,831) Department Specialist 48,777 675 1,850 6,200 57,502 25% Clerk to P&Z (12,194) (169) (463) (12,826) Mayor Meridians Promise 8,000 - 6,000 3,000 ! Mayor assistant 60,830 2,800 1,300 - 64,938 Mayor Youth Council 5,000 - 5,000 Mayor State of City Address 10,000 10,000 10,000 Historical Preservation - 6,000 61000 0 City Hall budgeted In Capital Improvement Fund AdmIn TOTALS 197,712 33,496 47,M-1 33,500 41F748 13,000 Patrol Officers -9(6approved) 402,736 21,020 29,280 94,300 547,336 Patrol Staff Sergeant WITHDRAWN - - - Evidence Tracking - 1,450 11,350 - 12,800 Crime Scene Investigator 51,223 1,850 2,700 1,600 57,373 Victim Witness Coord (2) 123,742 (55,718) 4,850 3,260 76,134 Records Clerks (2) 88,853 3,080 2,200 3,300 97,433 CID Sergeant WITHDRAWN - - Animal Control (2) WITHDRAWN - - - Volunteer Coordinator 25,445 1,375 - 26,820 Code Enforcement Supervisor 57,748 5,300 2,550 1,600 67,198 Code Enforcement Supervisor (57,748) (5,300) (2,550) (1,600) (67,198) Community Services Copier - 1,950 - 1,950 Training Equipment - - 2,800 - 2,800 Crash Reconstruction Equip - - 13,150 13,150 Polygraph Equipment - WITHDRAWN - - - Building Maintenance Tech - WITHDRAWN - - K-9 Officer WITHDRAWN - Narcotics Officer Officer 82,730 2,710 6,235 20,025 111,700 CSD Honor Guard - WITHDRAWN - - - Animal Shelter Expansion - 3,500 - 140,000 143,500 140,000 Police TOTALS 774,729 (18,783) 59,415 275,635 1,09F-996 140,0RE11 Deputy Chief of EMS 91,368 3,250 4,650 25,900 125,168 21,279 Fire Inspector Video Conferencing 2,400 5,900 - 8,300 1,411 Training Tower - Withdrawn (Rui - - CAD Zone Software - 8,500 8,500 1,445 St01 Ole dining room 6,000 - 6,000 1,020 transfer to FlreTruck Fund - - - 150,000 150,000 25,500 0 ire TOTA FL 91,368 5,650 16,550 1114,400 297,96811 55,19911 11 7114/20068:25 AM GENSUMMARYorginal 1 1 1 20 7 7 7 7 7 7 7 7 Increase or (decrease) Fund Balance Budget Balance CARRYFORWARD from FY06 budgetFY06 ca to FY07 Special Project ACHD projects • 1,283,619 Gateway art project 36,000 36,000 • 100,000 100,000 Drug Seizure funds 8,000 5,852 Enhancements: PERSONNEL OPERATING 1 time Ops CAPITAL TOTAL addrl revenue 209,646 61,483 Parks 1 Recreation Program Expand 38,120 4,700 - 343,827 Hero's park 42,820 25,000 - 185,058 Parks 2 Park Land Purchase 370,897 - 550,000 Parks 3 Active Net Software - - 800 - 800 - Parks 4 Messina Meadows Park - 16,000 - - 16,000 170,500 Parks 5 Heros Park - _ _ 127,600 Parks 6 Maxicom Irrigation System - 700 - 12,300 13,000 - Parks 7 Settlers Park Maint Building - 500 - - 500 59,000 Parks 8 Large Mower - 1,300 - 44,000 45,300 - Parks 9 Adventure Island 7,000 7,000 100,000 Parks 10 18 ft Tandem Axle Trailer - - 4,200 4,200 - Parks 11 Recreation Brochure Software - - 1,000 - 1,000 - Parks 12 Picnic Shelter Seasons Park - 300 - - 300 125,500 Parks 13 Ball Field Groomer Parks 14 Settlers Village Square - - - - 100,000 Parks 15 Park Maint Utility Vehicles 250 - 6,000 6,250 Parks 16 Settlers Park Picnic Shelter 800 - - 800 123,000 Parks 17 Downtown Tree Replacement - - 25,000 - 25,000 - Parks 18 Mcdermott/Cherry Ln Park - - - - 10,000 Parks 19 Soccer Goals - 3,000 - 3,000 Parks 20 8th Street Bridge & Pathway - - - 72.600 72,600 - Parks 21 Pathway Broom Parks 22 Lighted Softball Fields - 200,000 200,000 - 200,000 Parks 0 Cameras @ Chateau & Settlers - - 5,000 - 5,000 Parks 11 Parks TOTALS 38,12011 31,55011 39,000 334,90 443,570 25,000 Ir 1,365,600 200,000 less TOTAL ENHANCEMENTS 1,101,929 51,913 162,003 928,435 $ 2,244.280 63,155 1,365,600 340,000 TOTAL EXPENDITURES 13,817,283 2,962,038 162,003 1,263,845 18,205,169 TOTAL UNRESERVED REVENUES 18,324,888 RESERVED REVENUES 2,085,000 Park Impact Fund 500,000 Fire Truck Fund 50,000 Capital Improvement Fund 8,326,178 (4,500,000) (340,000) recycle funds from fund balance General Fund Balance 14.946.823 1 1 1 20 7 7 7 7 7 7 7 7 Increase or (decrease) Fund Balance Budget Balance CARRYFORWARD from FY06 budgetFY06 ca to FY07 Special Project ACHD projects 1,283,619 1,283,619 Gateway art project 36,000 36,000 parkland purchase 100,000 100,000 Drug Seizure funds 8,000 5,852 parkland purchase 570,157 450,000 Adventure Island 242,444 240,000 Settlers 209,646 61,483 Settlers youth baseball 1,446,215 1,356,626 Klwanis park 350,783 343,827 Hero's park 674,769 390,648 Champion park 185,058 156,870 Season's park 370,897 86,834 4.011.1 ON 8,324,889 (4,840,000) 459,719 $ 719,400 1 $ 3,486,178 1,425,471 3,086,288 7/14/20068:25 AM GENSUMMARYorginal 0 Development Service Fund and/or Special Service Fund FY2007 Proposed Revenues 5,0% Department PERSONNEL OPERATING 1910 P&Z 696,384 266,765 1920 Code Enforcement 148,513 13,875 1940 Building Dept 314,744 1,930,035 1930 Economic Development 100,301 1860 Street Lighting 203,000 merit Increase 47,912 1910 Clerk transfer from GF 2,926 93,498 1910 Least transfer from GF 4.329 129.2x1 Council FY2007 Budget Summary FY2006 Special Service Fund Revenues 4,380,793 10.5 2 963,139 3.0 3 162,385 8.0 1 $244,779 Principal City Planner 69,867 100,301 3,100 203,000 1 47,912 Medical DisWct EconomioDevelopmerd 98,424 30,200 132,810 1,381,274 30,200 19.5 6 30 3,950,553 $ 6,137,000 40.1% SPECIAL SVC FUND Available Balance $ 2,186,447 1252 Computer for Building 9H/2001 1,400 1291 replace server 12101199 9,009 _ Capital Replacements: 9,400 E 9,490 2,177,047 PW Clerk Police Enhancements: PERSONNEL OPERATING !time exp Capital 153,300 TOTAL Principal City Planner 69,867 3,683 3,100 1,700 1 78,352 Medical DisWct EconomioDevelopmerd FY2006 30,200 FFGRAND TOTAL 1,381,274 30,200 1 10 Mile Suburban Design Guldetirres 162,700 20,300 7 4,448,828 20,300 110 Mile Pian Market Analysts 10,100 10,100 i Staff Training 5,000 5.000 I East 3rd Street E)dwwfon 20,150 20,150 lorthophotogrephy 900 need to Increase base for digital mapping 900 Fr P9Z TOTAL 69,867 9,585 83,850 1,700 1 165,002 PW Transfer for GIS Progran 38,850 38,858 25% Clerk to P9Z 1$826 12,826 Code Enforcement Supervls 57,748 5,300 $550 1,600 1 1 67,198 Valley Regional Transit Increase included $4700 increase In base - Consultant plan for districts 30,000 30,900 Valley Initiative for Prosperity 25,000 n'M oncl n73,126 2, ,000 173,874 software for building permits 150,000 160,000 Dept Specialist finance Included this position In the base 1 11 BUILDING TOTAL 160,000 9 r 150,000 less TOTAL ENHANCEMENTS 168,465 82,711 86,400 153,300 3 1 4891878 3,950,5 166,465 82,711 4199 729 86,400 153,300 4,439,429 FY2006 3,194,319 FFGRAND TOTAL 1,381,274 2,818,445 88,488 162,700 22.5 7 4,448,828 Annualized PCSOE 73,552 5,000 900 79,452 38,950 1$828 63,049 30,909 25,000 69,724 1,688,171 249,176 excess to be transferred to Capital Improvement Fund 1,689,171 of 9130/2005 Capital Improvement Fund 8,326,178 excess revenue from FY06 1,006,850 fund balance as of 9130!2908 9,333,028 Capital Improvement Fund Interest revenue FY2007 90,000 Capital Improvement Fund City Hall Construction Budgeted in FY2006 (4,500,000) Capital Improvement Fund additional Capital Improvement Funds requested in FY2007 (7,340,000) Prolected Fund Balance of Capital Improvement Fund $ (728,801) Proposed Budget Current Budget % of Increase Fiscal Year Budget ease Enhancements Personnel Operating New Budget Base +1 time + Expenses Capital BUDGET REQUEST FY2007 3,950,5 166,465 82,711 4199 729 86,400 153,300 4,439,429 FY2006 3,194,319 3,194 319 276,500 51,805 3,522,624 11 240% 31% 1 26% 210,000 200,000 31,E 28,500 36,000 16,000 CARRYFORWARD from FY06 1910 Profeasiorml services for consultants 1930 donations from FY2005 for adv artisl 1860 stews art ed 1120 C Hall construction l4AKKTrVKWAKu IWIAL 4,777,000 2,394,500 7/14/20068:34 AMSUMMARY FY2007 SpecSVCSum 4,50.000 1 2,100,000 l4AKKTrVKWAKu IWIAL 4,777,000 2,394,500 7/14/20068:34 AMSUMMARY FY2007 SpecSVCSum 0 0 ENTERPRISE FUND Council FY2007 Budget Summary Assessments Revenues merit 5.0% Department PERSONNEL OPERATING FTEs TOTAL TOTAL Public Works 1,304,401 319,670 20.01,624, 071 WITHDRAWN MUSS 284,966 252,210 6.0 537,176 Water 1,107,513 3,263,775 20.0 4,371,288 25,000 WWTP 1,678,373 2,920,160 28.0 4,598,533 40,000 LATECOMERS 2,500 600,000 81,135 600,000 600,000 mark Increase 205,336 6,000 205,336 6,000 General Fund transfer 16,521 486,729 i GPS Software Maint 503,250 1,500 less TOTAL BUDGET BASE 4,597,110 7,842,544 74.01$ 12,439,654 (11,774,654) $ (665,000) ENTERPRISE Descretionary, Revenue 1,200 $ 31,761 $ 13,408,585 $ 25,880,000 less vital Replacements: 1 $ 101,670.00 (69,909) Annualized PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW 1/2 GF Water Water Water Water Water Water Water Water Water Water Water Water Water Water Water Water Enhancements: PERSONNEL OPERATING 1 time Ops CAPITAL TOTAL PC&OE I Vehicle - WITHDRAWN - ! GIS Data - - 7,000 - 7,000 7,000 . I GIS Programmer 71,700 2,135 4,800 2,500 81,135 81,135 73,835 l AutoCad Software - 6,000 - 6,000 6,000 6,000 i GPS Software Maint 1,500 - 1,500 1,500 1,500 1 Copier/Scanner/Printer 1,200 35,000 36,200 36,200 1,200 ' Plotter I Safety 12,000 12,000 12,000 12,000 1 Data Conversion Temp Labor GIS - 27,500 9,700 - 37,200 37,200 27,500 1 Printer - - 2,500 - 2,500 2,500 - GIS On -Call Service 5,000 5,000 5,000 5,000 ! Safety DUPLICATE of 08 I Advertising - 2,500 - - 2,500 2,500 2,500 1 PW Transfer for GIS Programmer to C (38,850) (38,850) (38,850) (38,850) 0 i PW Subtotals 32,850 57,835 24,000 37,500 152,185 152,1851180,684 Credit Card Payment Processing 51,400 350 51,750 51,750 51,400 1/2 Finance,HR,IT to Enterprise 100,291 7,190 38,350 - 145,831 145,831 107,481 0 MUSS & GF Transfer Subtotals 100,291 58,590 38,700 197,581 197,58111 158,881 Water Service Coordinator 29,820 840 1,900 1,700 34,260 34,260 30,660 Water Operator II 54,027 3,340 2,700 20,700 80,767 80,767 57,367 Office Facility Improvements - 500,000 500,000 500,000 - Water Rights Consulting - - 30,000 - 30,000 30,000 - Well #27 . additional costs - 250,000 250,000 250,000 Well # 28 - additional costs 250,000 250,000 250,000 Well #29 - - - 250,000 250,000 250,000 - Ground Reservoir Design 500,000 5001000 500,000 Retrofit Radio Read - - - 375,000 375,000 375,000 - Well Rehab - - 100,000 100,000 100,000 - Remote Fill Station Waterline Extensions - - - 500,000 500,000 500,000 - Safety Program Water Main Replacement 75,000 - 75,000 75,000 75,000 GIS Program - - 2,500 7,500 10,000 10,000 - Urban Renewal 150,000 150,000 150,000 0 0 Water Subtotals 83,847 79,180 37,100 2,804,800 3,105,027 23D,027 2,875,.0 163,027 7/14/2006 8:32 AM SUMMARY FY2007 ENT SUMMARY 0 i 3410 341C 341C 349C 349C 349C 349C 349C 3490 3490 3490 3490 3500 3510 3520 3590 3590 3590 3590 3590 3500 3590 3590 3590 3590 3590 55103 water consultanting Enhancements: PERSONNEL OPERATING 1 time Ops CAPITAL TOTAL 196,000 $ 184,000 PC80E WWTP 1 WWTP Operator 56,588 700 300 100,000 57,588 57,598 $ 57,288 WWTP 2 WWTP Mechanic - WITHDRAWN $ 76,853 %120 Well#20b $ 446,830 $ 50,122 %140 Waterline extensions WWTP 3 Lab Analyst 61,405 700 300 - 62,405 62,405 $ 6$105 WWTP 4 Pretreatment Inspector $ WITHDRAWN - %168 Well Rehab $ 164,100 $ 42,127 92100 WWTP bldg vements WWTP 5 WWTP Upgrade Phase 2 $ 200,000 15,000 $ 250,000 265,000 %109 Five Mile Creek project 265,000 15,000 WWTP 6 Black Cat Sewer $ 200,000 $ 197,100 1,200,000 1,200,000 1,200,000 1,200,000 93000 WWTP garap WWTP 7 North Black Cat Trunk $ 88,811 93505 Sewer Extensions $ 512,062 $ 112,672 %144 Lift Station $ 400,000 WWTP 8 Five Mile Metering Station $ 1,541,294 $ 1,541,294 250,000 250,000 523,837 250,000 96162 Blackest: Trunk WWTP 9 Safety- $ 7,163,202 %163 Blackest Lift Station $ 1,741,104 $ 674,300 96165 N Stough Sewer Trunk $ 278,518 WWTP 10 Biosolids $ 20,328,856 $ 16,598,206 10,000 $ 41,247,913 10,000 10,000 WWTP 11 WWTP Equipment - - - 10,000 10,000 10,000 WWTP 12 #3 Digester Valve Replacement moved to replacement capital outlay WWTP 13 Centrifuge Pre-screen WWTP 14 #1 DAFT Upgrade WWTP 15 GIS - - 20,000 - 20,000 20,000 WWTP 16 Maint/Pretreatmentsoftware 10,000 10,000 10,000 WWTP 17 Sand Filter Replace Study WWTP 18 Ordor Control Study WWTP 19 RV Dump and Design WWTP 20 South Area Trunk and Lift Station 2,000,000 2,000,000 2,000,000 WWTP 21 travel for John to PCNWA 5,000 5,000 51000 - 51000 WWTP 22 Mercury Fish Tissue Sampling 5,400 5,408 5,400 5,400 WWTP 23 Public Education 2,500 2,500 2,500 2,500 WWTP 24 Power Point 11 WWTP Subtotals 117,993 29,300 40,600 3,710,000 3,897,89311 182,89311 3,715,00011 147,293 TOTAL ENHANCEMENTS 334,981 224,905 140,400 6,652,400 7,352,686 762,686 6,590,000 559,886 TOTAL EXPENDITURES 19,894,010 this excess will be funded by Enterprise retained earnings $ (832,595) $ 6,818,585 this is retained earnings at FY2005YE less FY06 budget of fund balance 11,600,000 r•e..,w......e..r �....., evenna e..we .._ projected balance of retained earnings (832,585) 98,498,585 3410 341C 341C 349C 349C 349C 349C 349C 3490 3490 3490 3490 3500 3510 3520 3590 3590 3590 3590 3590 3500 3590 3590 3590 3590 3590 55103 water consultanting $ 292,000 $ 210,000 93510 urban renewal $ 196,000 $ 184,000 95010 wells irnprovements $ 88,532 $ 91000 Well land $ 100,000 $ 100,000 92000 Waterbuilding $ 1,592,400 $ 1,500,000 95010 Wefl iminovements $ 76,853 $ 76,853 %120 Well#20b $ 446,830 $ 50,122 %140 Waterline extensions $ 917,125 $ 619,624 %150 Well #25 $ 6,637 $ 5,114 %158 Well#27 $ 432,189 $ 385,485 %166 Well #28 $ 500,000 $ 500,000 %168 Well Rehab $ 164,100 $ 42,127 92100 WWTP bldg vements $ 200,000 $ 200,000 92100 WWTP bldR improvements $ 60,000 $ 60,000 %109 Five Mile Creek project $ 100,000 $ 100,000 93510 urban renewal $ 200,000 $ 197,100 91000 WWTP land $ 1,200,000 $ 1,200,000 93000 WWTP garap $ 100,000 $ 88,811 93505 Sewer Extensions $ 512,062 $ 112,672 %144 Lift Station $ 400,000 $ 264,841 %151 jPreDesign ofpro ects $ 1,541,294 $ 1,541,294 %159 Centrate Basin $ 523,837 $ 83,739 96162 Blackest: Trunk $ 9,249,576 $ 7,163,202 %163 Blackest Lift Station $ 1,741,104 $ 674,300 96165 N Stough Sewer Trunk $ 278,518 $ 141,176 %170 WWTP expansion $ 20,328,856 $ 16,598,206 Carryforward from FY20M $ 41,247,913 $ 32 098,888 7/14/2006 8:32 AM SUMMARY FY2007 ENT SUMMARY