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HomeMy WebLinkAbout2006-08-220 CITY OF �YIG�l�'Yl IDAHO hF /� CeM�R a TReasu 90; CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 22, 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: X Shaun Wardle_ c� Joe Borton Charlie Rountree Keith Bird % Mayor Tammy de Weerd 2. Pledge of Allegiance: .f�cvoh P�%w 3. Community Invocation by Pastor Fred Thompson with Meridian Assembly of God: 4. Adoption of the Agenda: 6th*j V" Cc t a�d� 5. Consent Agenda: A. Approve Minutes of May 16, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN -R (Traditional Neighborhood - Residential) (10.42 acres) and C -N (Neighborhood Business) (3.94 acres) zones for Tanana Valley Subdivision (f.k.a. - Lookout Ridge Subdivision) by Farwest, LLC — southeast comer of Meridian Road and Victory Road: a�,1.�,ry,,,.R� Meridian City Council Meeting Agenda — August 22, 2006 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 C. Findings of Fact and Conclusions of Law for Approval: PP 06- 013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN -R and C -N zones for Tanana Valley Subdivision (f.k.a. — Lookout Ridge Subdivision) by Farwest, LLC — southeast comer of Meridian Road and Victory Road: Ci^,Aropc_ D. Development Agreement: AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) zones for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: a`ye&vw_ E. Development Agreement: 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: F. Development Agreement: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keeao Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: ot- vxc— G. Resolution No. ®� ' 62 6 Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Prope ; Authorizing the Mayor of the City of Meridian to Donate Surplus Wastewater Clarification Equipment to the City of Boise: `i.' VV_., H. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Prosect 504003, Ten Mile Road, Franklin Road to Cherry Lane: dVl%-, vv— I. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Prosect 603052, Overland Road, Linder Road to Meridian Road and ACRD Project 302033, Overland Road & Meridian Road Intersection: AA" w�-- J. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504043, Eagle Road, Victory to Ridenbaugh Canal and ACHD Prosect 303014, Victory Road & Eagle Road Intersection: owh_v v x, Meridian City Council Meeting Agenda — August 22, 2006 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • K. Public Works Chance Order Number 1 for Power and Radio Installation at 3 PRV Sites with AME Electric: Argjh75• 't*- A1YJYv - L. Public Works Change Order No. 1 for the East Ustick Road Widening Prooect (Design) with Quadrant Consulting, Inc: M. Water Main Easement Agreement for Grace Assisted Living Phase II by Grace @ Fairview Lakes, LLC: �/rY" v --- N. Water Main Easement Agreement for Haz-Tech Subdivision with Frey, LLC: pLlap),V V"" O. Streetlight Agreement for Settlement Bridge No. 4 with Capital Development: 4i4 V -4- P. Streetlight Aareement for Settlement Bridge No. 5 with Capital Development:�,�vv�c. Q. SHP 06-001 Request for Short Plat Approval for Hastings Subdivision No. 1 consisting of 4 commercial office building lots on 1.57 acres in a proposed L -O zone by Monterey, LLC: R. SHP 06-002 Request for Short Plat Approval for Hastings Subdivision No. 2 consisting of 4 commercial office building lots on 1.57 acres in a proposed L -O zone by Monterey, LLC: ,ee,en ,.^,c,7ofriI-IcA®o/ ih71»zt-0 Z irwv- .T�6iewG S. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: 6. Department Reports: e',A, J A. Parks Department - Doug Strong 1. Update of Relocation of Pine Street School: B. Legal Department 1. Solid Waste Advisory Committee Recommendation for Approval of $5,130.00 to Crossroads Middle School from Community Recycling Fund:v�— C�apPor-1- Ct 1-y4e - c H iS - Z'"�•�j �t Fe -c, 7. Items Moved from Consent Agenda: ®��L,r;�►-.� ZOL Av Meridian City Council Meeting Agenda — August 22, 2006 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Ol 8. Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with Sanitary Service Company: 3 �Q veer- 9. FP 06-038 Request for Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R-8 zone for Windsong Subdivision No. 2 by Landmark Engineering & Planning - north of Ustick Road and west of Linder Road: -1',6& /w 10. MFP 06-004 Request to Modify Final Plat requirements for the approved fencing along the east and north boundaries for Arnke Subdivision by Michael Amke - 2070 West Pine Avenue: Alo vv%<_ 11. MFP 06-003 Request for Modification of the Final Plat for Paramount Nos. 11 and 12 to eliminate the perimeter fencing adjacent to the common areas. Fencing to be installed at the time of residential construction and to be the preference of the individual homeowner for Paramount Subdivision, Phases 11 and 12 by Paramount Development, Inc. - west of Meridian Road and north of McMillan Road: A271.—,O V-<.# 12. Continued Public Hearing from July 18, 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: Com,., .f,--;,,,szc,'� ,-v -7A24_W6 awt "0^0- bh-c,, 13. Continued Public Hearing from July 18, 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: Cvrna-c, 7� �f'%21�v6 O -MA -- 11e4;11_1 /7A -V 14. Continued Public Hearing from August 8, 2006: AZ 06-019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC - 1255 West Ustick Road: a.d' 4- t c/� Fw-,-�V,,v".4- 15. Continued Public Hearing from August 8, 2006: PP 06-018 Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: 16. Public Hearing: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development - 2539 North Eagle Road: Meridian City Council Meeting Agenda —August 22, 2006 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. n LJ 17. Public Hearing: VAR 06-017 Request for a Variance for a right -in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade by Landmark Development Group, LLC — Southwest comer of Eagle Road and Ustick Road: C/oSc 1a/ti — /w_/24C /-d 18. Public Hearing: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: `v�•aSri. ��, t,r, c1 -26-v6 19. Public Hearing: PP 06-028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: e-# o/Az 4 ?—" —®6 20. Public Hearing: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi- family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: /v Ik Al 21. Public Hearing: MI 06-005 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-038 and concurrent files PFP 03-007 & CUP 03-071) by removing a provision requiring all future uses on the site to be approved through the Conditional Use Permit process for Mussell Corner Subdivision by Brian Holleran — Northeast comer of Victory Road and Meridian Road: �0//- do 9 -s --v6 22. Ordinance No. 06-1237 A Amendment to Ordinance No. 06- 1237: AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 and R-2 zones for Cardi4an Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: 23. Ordinance No. 06 — / Z 5� Z AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: a� V%<-- 24. Ordinance No. O 6— 12- 5-? 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: ���,-,� v --e-- Meridian City Council Meeting Agenda — August 22, 2006 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i 25. Ordinance No. e'6 . l2 S 4' AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 26. Ordinance No. D6 -/ZSR 1st of 3 Readings of Amendment to Impact Fee Ordinance: he ote / �p re f 27. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — August 22, 2006 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. 2. 3. P[tcc-S ��I os -t P _ F?> CITY OF IDAHO � 16 TREASURt, vw?�Y 1983 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 22, 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." Roll -call Attendance: Shaun Wardle Charlie Rountree Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd Community Invocation by Pastor Fred Thompson with Meridian Assembly of God: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 16, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN -R (Traditional Neighborhood - Residential) (10.42 acres) and C -N (Neighborhood Business) (3.94 acres) zones for Tanana Valley Subdivision (f.k.a. - Lookout Ridge Subdivision) by Farwest, LLC — southeast corner of Meridian Road and Victory Road: Meridian City Council Meeting Agenda — August 22, 2006 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888A433 at least 48 hours prior to the public meeting. C. Findings of Fact and Conclusions of Law for Approval: PP 06- 013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN -R and C -N zones for Tanana Valley Subdivision (f.k.a. — Lookout Ridge Subdivision) by Farwest, LLC — southeast corner of Meridian Road and Victory Road: D. Development Agreement: AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) zones for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: E. Development Agreement: 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: F. Development Agreement: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keeao Sprinas Subdivision by Todd Campbell — 5910 North Black Cat Road: G. Resolution No. Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property; Authorizing the Mayor of the City of Meridian to Donate Surplus Wastewater Clarification Equipment to the City of Boise: H. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504003, Ten Mile Road, Franklin Road to Cherry Lane: I. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 603052, Overland Road, Linder Road to Meridian Road and ACRD Project 302033, Overland Road & Meridian Road Intersection: J. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504043, Eagle Road, Victory to Ridenbaugh Canal and ACHD Project 303014, Victory Road & Eagle Road Intersection: Meridian City Council Meeting Agenda — August 22, 2006 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Public Works Change Order Number 1 for Power and Radio Installation at 3 PRV Sites with AME Electric: L. Public Works Change Order No. 1 for the East Ustick Road Widening Proiect (Design) with Quadrant Consulting, Inc: M. Water Main Easement Agreement for Grace Assisted Living- Phase ivingPhase II by Grace @ Fairview Lakes, LLC: N. Water Main Easement Agreement for Haz-Tech Subdivision with Frey, LLC: O. Streetliaht Agreement for Settlement Bridge No. 4 with Capital Development: P. Streetli-ght Agreement for Settlement Bridge No. 5 with Capital Development: Q. SHP 06-001 Request for Short Plat Approval for Hastings Subdivision No. 1 consisting of 4 commercial office building lots on 1.57 acres in a proposed L -O zone by Monterey, LLC: R. SHP 06-002 Request for Short Plat Approval for Hastings Subdivision No. 2 consisting of 4 commercial office building lots on 1.57 acres in a proposed L -O zone by Monterey, LLC: S. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: 6. Department Reports: A. Parks Department — Doug Strong 1. Update of Relocation of Pine Street School: B. Legal Department 1. Solid Waste Advisory Committee Recommendation for Approval of $5,130.00 to Crossroads Middle School from Community Recycling Fund: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — August 22, 2006 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 8. Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with Sanitary Service Company: 9. FP 06-038 Request for Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R-8 zone for Windsong Subdivision No. 2 by Landmark Engineering & Planning — north of Ustick Road and west of Linder Road: 10. MFP 06-004 Request to Modify Final Plat requirements for the approved fencing along the east and north boundaries for Arnke Subdivision by Michael Amke — 2070 West Pine Avenue: 11. MFP 06-003 Request for Modification of the Final Plat for Paramount Nos. 11 and 12 to eliminate the perimeter fencing adjacent to the common areas. Fencing to be installed at the time of residential construction and to be the preference of the individual homeowner for Paramount Subdivision, Phases 11 and 12 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road: 12. Continued Public Hearing from July 18, 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: 13. Continued Public Hearing from July 18, 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: 14. Continued Public Hearing from August 8, 2006: AZ 06-019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC — 1255 West Ustick Road: 15. Continued Public Hearing from August 8, 2006: PP 06-018 Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC — 1255 West Ustick Road: 16. Public Hearing: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: Meridian City Council Meeting Agenda — August 22, 2006 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 17. Public Hearing: VAR 06-017 Request for a Variance for a right -in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade by Landmark Development Group, LLC — Southwest comer of Eagle Road and Ustick Road: 18. Public Hearing: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: 19. Public Hearing: PP 06-028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: 20. Public Hearing: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi- family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: 21. Public Hearing: MI 06-005 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-038 and concurrent files PFP 03-007 & CUP 03-071) by removing a provision requiring all future uses on the site to be approved through the Conditional Use Permit process for Mussell Corner Subdivision by Brian Holleran — Northeast comer of Victory Road and Meridian Road: 22. Ordinance No. 06-1237 A : Amendment to Ordinance No. 06- 1237: AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 and R-2 zones for Cardivan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: 23. Ordinance No. AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) for Cabella Creek Subdivision by ATM Development, LLC — northeast comer of East Victory Road and South Mesa Way: 24. Ordinance No. AZ 06-021 Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C -G General Commercial and R-15 Medium -High Density Residential zones for Kenai Subdivision by Kenai Partners, LLC — south of East Overland Road and west of South Eagle Road: Meridian City Council Meeting Agenda — August 22, 2006 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9 25. Ordinance No. AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keego Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 26. Ordinance No. 1st of 3 Readings of Amendment to Impact Fee Ordinance: 27. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — August 22, 2006 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. NoK TX TION REPORT AS OF AUG 18 106 * PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 09 08/18 16:56 3810160 EC—S 03'11" 006 250 OK 10 08/18 17:00 PUBLIC WORKS EC—S 01'48" 006 250 OK 11 08/18 17:02 8848723 EC—S 01'49" 006 250 OK 12 08/18 1704 WATER DEPT EC—S 01'49" 006 250 OK 13 08/18 1707 2088840744 EC—S 01'53" 006 250 OK 14 08/18 1709 POLICE DEPT EC—S 01'48" 006 250 OK 15 08/18 17:11 8985501 EC—S 01'47" 006 250 OK 16 06/18 17:14 LIBRARY EC—S 01'49" 006 250 OK 17 06/18 17:16 2083776449 EC—S 01'53" 006 250 OK 18 08/18 17:19 P -AND -Z EC—S 01'48" 006 250 OK 19 08/18 17:21 FIRE DEPT EC—S 01'48" 006 250 OK 20 06/18 1724 208 888 2682 EC—S 01'49" 006 250 OK 21 08/18 17:26 208 387 6393 EC—S 01'58" 006 250 OK 22 08/18 17:29 ADA CTY DEVELMT EC—S 01'54" 006 250 OK 23 08/18 17:31 2088885052 EC—S 01'51" 006 250 OK 24 08/18 17:34 POST OFFICE EC—S 03'15" 006 250 OK 25 06/18 17:38 IDAHO ATHLETIC C EC—S 01'49" 006 250 OK 26 08/18 17:40 ID PRESS TRIBUNE EC --S 01'49" 006 250 OK 27 08/18 17:43 2088886701 EC --S 01'48" 006 250 OK 30 08/18 17:48 38BG924 EC—S 01'48" 006 250 OK P�oUSe,C?0 U-, dTY VF MAHO Brl�l�n 5 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 22, 2006 at 7:00 p.m. Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Fred Thompson with Meridian Assembly of God: 4. Adoption of the Agenda. 5. Consent Agenda: A. Approve Minutes of May 16, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN -R (Traditional Neighborhood - Residential) (10.42 acres) and C -N (Neighborhood Business) (3.94 acres) zones for' Tanana Valley Subdivision (f.k.a. - Lookout Ridge Subdivision) by Farwest, LLC — southeast comer of Meridian Road and Victory Road: Meridian City Council Meeting Agenda -August 22, 2006 Page 1 of 6 AV materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disebitities related to documents and/or hearing, please contact the City Clerk's Oflioe at 668-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting August 22, 2006 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, August 22, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, John Overton, Ron Anderson, Len Grady, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and open tonight's meeting. Thank you for joining us. It is five minutes after 7:00. Today is Tuesday, August 22nd. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Jarom Price. If you will all rise and join us. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Fred Thompson with Meridian Assembly of God: De Weerd: Jarom, I would like to present you a City of Meridian pin and thank you for leading us tonight. Item 3 is our community invocation. Tonight we will be led by Pastor Fred Thompson with the Meridian Assembly of God Church. If you will all join us in the invocation or take this as an opportunity for a moment of silence. Thank you, pastor. Thompson: Let us pray or pause for a moment of reflection. Lord God Almighty, according to your word, when we need wisdom you grant it to us freely. My prayer for the City Council of this growing city is that you would grant each member the insight and wisdom to continue to govern with integrity and the best interest of the entire community. God, there are times we just flat out don't know what to do, but as we look to you, you provide that guidance. We thank you for that. And we ask that each Council member may know your love and peace and grace as they go about the business of this city. May citizens presenting matters before this body look to you as their petitions are considered and be satisfied with the results, knowing that your Spirit Meridian City Council • August 22, 2006 Page 2 of 81 is guiding their deliberation? Bless each one present here today, we pray in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Thompson, we appreciate you being with us tonight. I'd like to give you one of our pins. Thank you so much. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On our Consent Agenda, resolution number, Item G, is 06-526. Regular agenda, Items 12 and 13 have been requested by the applicant to be continued to nine -- September 26, 2006. And Item 21 has been asked to be continued to September 5th, 2006. And Items 23, 24, 25, and 26 ordinances start with number 06-1252, 06-1253, 06-1254, 06-1255. And with that I move we approve the agenda as noted. Rountree: Second. De Weerd: Mr. Bird, I would like to add an Item C under Department Reports for the Mayor's office regarding the letter I placed in front of you. Bird: Okay. De Weerd: Request for support of ACHD's impact fee ordinance. Bird: Motion maker agrees to that. Rountree: Second agrees. De Weerd: Thank you. Is there any -- oh, I don't want to -- I don't want discussion. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 16, 2006 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres), TN -R (Traditional Neighborhood - Residential) (10.42 acres) and C -N (Neighborhood Business) (3.94 acres) zones for Tanana Valley Subdivision (f.k.a. - Lookout Meridian City Council August 22, 2006 Page 3 of 81 Ridge Subdivision) by Farwest, LLC — southeast corner of Meridian Road and Victory Road: C. Findings of Fact and Conclusions of Law for Approval: PP 06- 013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN -R and C -N zones for Tanana Valley Subdivision (f.k.a. — Lookout Ridge Subdivision) by Farwest, LLC — southeast corner of Meridian Road and Victory Road: D. Development Agreement: AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) zones for Cabella Creek Subdivision by ATM Development, LLC — northeast corner of East Victory Road and South Mesa Way: E. Development Agreement: 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: F. Development Agreement: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to an R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: G. Resolution No. 06-526 Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property; Authorizing the Mayor of the City of Meridian to Donate Surplus Wastewater Clarification Equipment to the City of Boise: H. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504003, Ten Mile Road, Franklin Road to Cherry Lane: I. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 603052, Overland Road, Linder Road to Meridian Road and ACHD Project 302033, Overland Road & Meridian Road Intersection: J. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504043, Eagle Meridian City Council • • August 22, 2006 Page 4 of 81 Road, Victory to Ridenbaugh Canal and ACHD Project 303014, Victory Road & Eagle Road Intersection: K. Public Works Change Order Number 1 for Power and Radio Installation at 3 PRV Sites with AME Electric: L. Public Works Change Order No. 1 for the East Ustick Road Widening Project (Design) with Quadrant Consulting, Inc: M. Water Main Easement Agreement for Grace Assisted Living Phase II by Grace @ Fairview Lakes, LLC: N. Water Main Easement Agreement for Haz-Tech Subdivision with Frey, LLC: O. Streetlight Agreement for Settlement Bridge No. 4 with Capital Development: P. Streetlight Agreement for Settlement Bridge No. 5 with Capital Development: Q. SHP 06-001 Request for Short Plat Approval for Hastings Subdivision No. 1 consisting of 4 commercial office building lots on 1.57 acres in a proposed L -O zone by Monterey, LLC: R. SHP 06-002 Request for Short Plat Approval for Hastings Subdivision No. 2 consisting of 4 commercial office building lots on 1.57 acres in a proposed L -O zone by Monterey, LLC: S. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: De Weerd: Okay. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes Resolution No. 06-526, Item G, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. I have a motion to approve the Consent Agenda in front of you. Is there any discussion? Mr. Berg, will you, please, call roll. Meridian City Council • August 22, 2006 Page 5 of 81 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department — Doug Strong 1. Update of Relocation of Pine Street School: De Weerd: Thank you, Mr. Berg. Item 6 under Department Reports. We will begin with our Parks Department. We have to apologize. Our light bulb is going out in our projector and so it's been getting increasingly worse, but it is on order, it just is very slow. Strong: Madam Mayor, Members of the Council, the Mayor asked me to look at options for moving the Pine Street School to one of our city parks in the event that we need to get it off the school property that may go away here soon. So, we looked at a couple options. We discussed the possibility of locating the school at Storey Park or the option of locating it at Settler's Park, seemed to be the two best options. So, what I'm showing you tonight is a location at Settler's Park. It seemed like it made a lot of sense to propose this as a location and to be able to show you how it would actually fit in Settler's Park, because we had recent concept design work done at Settler's Park that would allow us to drop the footprint of that building in schematically, so you could see where it would fit, and I have given you a handout with two possible options of how to locate it in the site and just kind of give you a perception of how it might work in this corner and what it would actually look like from a size standpoint. So, in this -- the only -- the only one I'm going to project tonight is option one and it's kind of hard to see, but it's right up in that area. The status of this history building or history center is still a little uncertain, depending on what we work out with City Hall, but in this corner that you recently approved the concept for, the idea was making a community corner, a village or plaza area for community gatherings and it seems to make sense to locate the school building there as well from a historic standpoint. In this location you can see that the entry faces out towards this parking lot. In the second concept that's shown, the building is turned and pulled down into this area where it faces kind of into more of the plaza area where you enter from the plaza versus entering from the parking lot. So, those are some of the options or considerations that could be made if we chose to put the building there. The third option, which I have not shown you, actually puts the building facing the parking lot, but up in this overflow area up in here, which is outside the concept area that was designed for this community corner. In discussing with -- discussing this with staff and whoever else I could get to look at it, option one seemed to be the most appealing to people, so that's the reason I projected that one. The reason that we would recommend moving it to Settler's Park is that from a moving -the -building standpoint, it would be a more direct route down to Settler's Park than to Storey Park. One of the other reasons that we shied away from Storey Park was that there is not a lot of room at Storey Park to locate a building of this type or provide good access and Meridian City Council • August 22, 2006 Page 6 of 81 additional parking and some of the considerations that would be important for visitors to an historic building. So, I would certainly entertain questions or comment. This is just a very early look at what we could potentially do with this building and certainly nothing is final or that far along at this point. De Weerd: Thank you, Doug. Questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The concept I like real well, Doug, but has that building been looked at to make sure it is moveable? Strong: Not that I'm aware of, that we had any evaluation of what it would take to move the building. It looks like it's a pretty straight structure that probably could be lifted up and moved. But that's without an actual contractor looking at it. I would not know. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Doug, I don't have a scale on this particular proposal, but what's -- concept two, where the building is actually to the south, and parallel to one of those community buildings, what's the distance between those two, roughly? Strong: There is probably 50 to 75 feet between the buildings. There is quite a lot of space in that area. Rountree: And when you looked at option three, did you consider orienting the front door to the area that's identified as the history center outside display yard. I guess that's what that is. Strong: Orienting it toward the south, essentially? Rountree: Yes. It seems to me that putting the building there, it can function as a separate activity center, yet share a common area for display. Where you have it in option one or option two, it seems to get in the way of what might be going on in that other community building. Strong: Those are all important considerations and the reason for the orientation of the front door would be for access or approach to the building and that was the only consideration, not the activities that would occur once you actually got into that area. So, the area to the north of -- that you talked about as option three, that's an overflow parking area, it's a grassy area right now. That would probably be the least desirable Meridian City Council • August 22, 2006 Page 7 of 81 area to put it in. It certainly could be done there, but it's also kind of an over -- a storm retention area, drainage bed area, so there would have to be consideration for that. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Doug, what's the relationship with the district, just to go forward from the cost of moving it to the future cost of maintaining, keeping it up? De Weerd: Mr. Borton, I guess I will attempt to answer that question. The school district will be selling their property, so that school house needs to be moved. The school district believes they could probably get a donation to move the school house by the person who moves all of their portables. Since they have given them lots of business and so we are hoping that we can get that donated. The maintenance has been a line item of the city. We have been doing the maintenance on the school house. Borton: Okay. Strong: We even have a renovated sign on the corner that we could move. We can probably do that in house. We could take care of that. De Weerd: Any other questions from Council? Strong: Thank you. De Weerd: I do think that we probably would like to have a preference from Council, so that's something that we can discuss with the school district and that sort of thing. have an idea what Councilman Rountree is thinking. How about the rest of you? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm not sure if it's -- whatever is on the board if that is option one or option two. Is that one? Bird: That's one. Borton: One. My preference is one. I like the way it frames the historic center and the activities that are to take place to the south of that in the plaza area. So, that would be my preference. De Weerd: This one? Meridian City Council • • August 22, 2006 Page 8 of 81 Borton: Correct. De Weerd: Okay. Bird: Option one for me, Mayor. Wardle: Madam Mayor, in the absence of a place closer to our city downtown core to place the building, I would say option one would be my preference as well. De Weerd: Thank you. Rountree: I'm all right. B. Legal Department 1. Solid Waste Advisory Committee Recommendation for Approval of $5,130.00 to Crossroads Middle School from Community Recycling Fund: De Weerd: Thank you, Mr. Rountree. Okay. Well, thank you, Doug, for giving these illustrations and thank your staff for that as well. Okay. Item 6-13, our Legal Department, Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. In front of you is a line item request for 5,130 dollars from the Solid Waste Advisory Committee in regards to a portion of the payment for some picnic benches and picnic tables at Crossroads Middle School. This is in line with other similar requests of the Solid Waste Advisory Committee received for similar things, such as this type of thing on the school grounds. These are funds that aren't available for the schools to get these types of amenities added to the school. As all of you know, the money from the solid waste account is collected through SSC and the city, is, then, maintained to be returned to the community for these types of projects. One of the conditions that's always the committee's concern is that half -- at least half of the cost is put in by the requester. Whether it's through labor, or property, or the actual purchasing of product, that they include as part of their request and this complies with all of those similar types that we have received in the past. So, if it meets your approval, we need a specific motion to approve that expenditure. The money is available in our account that is maintained by finance. That's approximately 40,000 dollars a year. We haven't used all of it up by any stretch, so this certainly is within the ballpark to do that if you wish. De Weerd: I do know our fire chief has asked me, since this was in front of us regarding recycling, that we had a very energetic music teacher at the salmon barbecue who is collecting water bottles and was pretty dismayed that we didn't have a recycling opportunity. So, she was recycling herself. The chief was the winner in receiving all the bags and he had nowhere to take them. So, we are hoping that maybe at some point Meridian City Council • August 22, 2006 Page 9 of 81 we have an outlet for recyclable water bottles. And I did tell him I would give a plug. Chief, did I do okay? Anderson: Thank you. Appreciate it. Rountree: And Cheryl appreciates it. De Weerd: Okay. So, we will let you comment later. Council, any questions for staff or Mr. Sedlacek with Sanitary Services? Rountree: Madam Mayor, if there are no questions, I move that we approve the committee's recommendation for 5,130 dollars for Crossroads Middle School community recycling fund. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Mayor's Office 1. Mayor to send Letter to ACHD for Impact Fee Ordinance No. 202: De Weerd: Okay. Item 6-C. In front of you is a letter that was drafted by Mr. Siddoway and he apologizes for not being able to be here. Tomorrow the Ada County Highway District will be holding their Public Hearing regarding the impact fees as they have gone through a practice similar to ours to updating and finding some solutions to helping our strained infrastructure. In front of you is the draft of that letter, as well as a report from Gary Inselman from ACHD staff regarding the impact fee and its ordinance. I apologize, thought that you had received this, and Peggy told me this afternoon that you hadn't. So, I apologize you didn't have it in front of you sooner. As the hearing is tomorrow, would ask for your consideration to move forward with this letter. If you have any objections, certainly we don't need to do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm for it. I'll sign the thing. Let's get it to them. De Weerd: Okay. Mr. Wardle. Meridian City Council • August 22, 2006 Page 10 of 81 Wardle: Madam Mayor, I'm just briefly reading Mr. Inselman's notes. I see on item A, policy implications. It includes a future property tax credit, Section 7-3-07 that requires the commission to allocate ten percent of the impact fee eligible system improvement cost out of the property tax revenue. De Weerd: Would you like to ask Mr. Inselman? Wardle: Yeah. Just to clarify that for me, please, Gary. Inselman: Madam Mayor, Mr. Wardle, that's in our existing ordinance as well, so we weren't planning any major methodology changes with this update. That was a concession back in 2003 when we went through a year and a half process with the impact fee task force of representatives of the development community and the community as a whole and that was to try and maintain a past commitment of the highway district that we would make up the shortfall in revenue out of the general fund. We wanted to cap it and that was the compromise that we came up with in 2003 and we are proposing to maintain that through this update. Wardle: Thank you. De Weerd: Okay. Any other questions for Gary while he's up here? Bird: I have none. De Weerd: Okay. Thank you, Gary. Inselman: Thanks. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I, for one, I know it's -- I know they need a response by tomorrow. Maybe I'm a stickler with the details. I don't -- I don't necessarily feel comfortable -- I'm not saying I oppose it or thinking any comment one way or the other on the ordinance. I at least would like to see the thing and maybe a final report or recommendations from the citizen's advisory committee that's referenced in the memorandum. It makes reference to the ordinance is attached and I don't have the attachment to this letter, so -- because time's so short I don't want to voice my support or opposition to the ordinance. I presume that the highway district might understand. De Weerd: Okay. Wardle: Madam Mayor? Meridian City Council August 22, 2006 Page 11 of 81 De Weerd: Mr. Wardle. Wardle: I would agree and not that I oppose the ordinance as written, but would like at least a short opportunity to review that before placing a signature in support of that. De Weerd: Council, I guess we could do one of two things. Gary, do you think they will be taking action on this tomorrow night -- or tomorrow? Yes, they will? Certainly, you can authorize this letter under my signature if you don't feel comfortable taking action as a whole or -- I don't know. I -- or we can phrase this a little bit different. I know in the many calls I get from our citizens regarding traffic and needed traffic solutions, this is a much needed ordinance and increase to the impact fees. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: The only thing I disagree on this letter is you need to take the vice-president up to Mr. Borton, not me. De Weerd: Oh. Sorry, Mr. Borton. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I would, again, in the interest of time certainly agree that authorizing the Mayor's signature, since she's had the opportunity to review and discuss with staff, as well as the commission. My only comment would be before I affix my signature I'd like to -- commenting that I approve of the ordinance, I would just like to review it entirely. So, I'm comfortable with you signing on behalf of the city. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Possibly we could wordsmith that last sentence a little bit and I would suggest that possibly instead of making recommendation, to say we support the goals of the proposed impact fee ordinance. And all the rest of the letter is, essentially, the same comment. De Weerd: Would Council feel comfortable with that change? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council • August 22, 2006 Page 12 of 81 Borton: I think the recommendation or the suggestion from Councilman Wardle makes the most sense to me. I don't know if there is a change, but -- that could include my name on it and, again, not to be a stickler, but it's a request that's a tax increase and I understand there is a need for it and whatnot, but I'd like to see what the committee proposed. I'd like to see a suggestion or recommending the maximum allowed and requesting less, why less, maybe a little bit more information before I necessarily want my letter -- or my name to go on a letter that proposed a tax increase. I totally understand increased expenses and needs and challenges the highway district has and I'm sensitive that are pulled ten different directions and probably never have enough funding to adequately accomplish what they want to accomplish, but I don't see there is ever a time or -- in this short notice where I'm going to support a blanket tax increase, quite frankly, without seeing the background information. So, if Councilman Wardle suggested if it's a letter from the Mayor indicating your support, I don't have any problem with it, I just don't want to mislead the highway district about my participation and recommendation or not on this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I appreciate Councilman Borton's concerns. Some of us have more information than others and I have had an opportunity to review most of this. But I respect what he's saying and I, too, would probably be in the same position if I didn't know what was going on for sure and I think I would concur in what Councilman Wardle is suggesting. De Weerd: Okay. Bird: That would be fine with me. De Weerd: Just for the record, I know in splitting hairs what a tax increase is to one, is not a tax increase to another. This is not a tax increase to the general taxpayers. This is an impact fee that would cause new development to pay a larger share for roads as the prices of building them and right of way have all escalated, as everything else has. So, just to note for the public that is here, it is not something that comes from your property taxes. This is an impact fee that is imposed on new growth. And just for the record, I will read the letter. It is: Dear Mr. Franden and Members of the Commission: The City of Meridian supports the Ada County Highway District, ACHD, Impact Fee Ordinance 202. We believe the increased impact fees are needed to implement the recently adopted Capital Improvement Plan. The road projects shown in the CIP for Meridian area are crucial to our city and we support the impact fee ordinance as a needed measure to help fund the necessary road improvements. Our citizens often comment that new development ought to be paying its own way for the traffic impacts they create. Impact fee ordinance 202 is a measure that moves towards that goal. The fee increases should not be phased in over time. They are needed now. We look forward to the improved roads and intersections these funds will provide to our citizens. Meridian City Council • August 22, 2006 Page 13 of 81 We support approval of Impact Fee Ordinance 202. 1 will insert, I, rather than we, and sign it under my name and title. I appreciate that. Again, I do apologize to Council that this was thrown in front of you without notice and will make sure some of these things don't fall through the cracks in the future. But, Gary, I will be faxing this over to your office in the morning, if that's appropriate. Okay? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Also, not to be a big stickler, but since our impact fee ordinance is on the agenda, impact fees are the -- are to assure that development pays its proportionate share to maintain the levels of service. So, it isn't even a -- not only is it not a tax, it's not an increased amount to the development to assure that the taxpayers that have already paid for the existing services, that to maintain those continuously, that they would pay their proportionate share. So, it really is an attempt to balance that, and I only bring that up, because our own impact fee ordinance is on our agenda as well, so -- De Weerd: Thank you, Mr. Nary, for that. And, you know, I know it is already a challenge for Ada County Highway District. Our roads are impacted by the traffic of the entire Treasure Valley and they get to bear the price to make those road improvements. So, I will be getting that to you first thing in the morning. Okay. Thank you, Council, for that. Item 7: Items Moved from Consent Agenda: De Weerd: No items were moved from the Consent Agenda. Item 8: Annual CPI Rate Adiustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with Sanitary Service Company: De Weerd: Item 8 is our annual CPI rate adjustment for solid waste collection services. Steve. Sedlacek: Thank you, Madam Mayor, Members of the Council. In front of you, you should have a memorandum. I don't know if you'd get that electronically or in hard copy, but every year we come to you based our contract. We do the calculations based on the Consumer Price Index and we adjust our rates according to that CPI. This year the rate -- the CPI change was 4.08 percent year over year. We, by contract, reduced that amount by ten percent and, then, we apply that calculation to our rates, excluding landfill fee changes, and so, basically, what you have in front of you is about a three percent rate change for fiscal year 2007. This rate change would go into effect October 1st, which means that the first billing cycle where you would see the changes, the early November -- I think it's the November 5th billing cycle. Now, this is one of the higher CPI changes we have had recently. Inflation is increasing slightly, mostly due to fuel, Meridian City Council August 22, 2006 Page 14 of 81 and we burn a lot of fuel. So, this is, basically, just a mathematical calculation. I don't know if you have any questions for me. De Weerd: Council, any questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I just have a question, Steve, and certainly agree with the methodology you have. I noticed on your rate structure you have -- and either I haven't seen it before or I missed it -- a habitual late can fee. Could you tell me what that is and is it new? Sedlacek: That's not new. It is a rate that we are supposed to charge customers that can't ever get their cans to the curb and constantly call us and say, oh, can you come back to my house and pick up my cans. Well, we have never charged anybody for that, we just go get their cans. We don't ever charge anybody. Now, I suppose if somebody called us -- De Weerd: I didn't know you did that. Sedlacek: Sure. De Weerd: Gosh, I have waited a whole week to have you come back. Sedlacek: Well, you were probably afraid of the habitual late can. Bird: You would have got charged. Sedlacek: It's the hammer we have that we don't ever use and it's certainly not worthwhile charging anybody that if you can call them and arrange a better way to do it. And that's what we do. We just work with the customers. So, actually, that rate never has changed in ten years. I don't know if that's a rate per month or a rate per week or what. De Weerd: Per trip. Bird: That don't even do it for pickup. Sedlacek: I don't know. I doubt we will ever use it. It's just been on the spreadsheet, so -- the city, actually, does not have a code for charging that either, so I'm not sure how we do it. De Weerd: Do you want it on there? Sedlacek: Sure. I don't know. I -- Meridian City Council August 22, 2006 Page 15 of 81 Rountree: It's in the contract. Bird: It's in the contract. De Weerd: Okay. Sedlacek: There is one other -- Bird: It's been on there since I -- Sedlacek: Yeah. One other thing, last year we dealt with an issue with the county where they wanted to raise their landfill fees. I was hoping that they would get a landfill fee increase to me this summer, so that we could go in lock step through the process and raise rates once to the customers, if the county was going to raise their rates. I have heard that they will, but they are going wait until the end of the year. So, once again, we are going to be in the situation where as much as we try to work in the same time frames as them, they are going to wait until after, frankly, the election, I think. De Weerd: I guess, Mr. Clerk, we just need to pull the minutes from our joint meeting that said they would do it on a timely basis that would also coincide with this rate increase and ask for -- if they do increase it, ask for the waiver that would, then, bring it back to a year from now. I see there is no excuse for that and we owe our citizens public notice and timely notice and this is not acceptable. Sedlacek: I'm just giving you the heads up. We will see how that works out. De Weerd: Well, we will be ready. Sedlacek: Excellent. De Weerd: Thank you. Sedlacek: Thank you. Anymore questions? De Weerd: Council, any other questions? Rountree: I have none. De Weerd: Mr. Wardle, your question was answered? Wardle: Yes, it was. Thank you. De Weerd: Okay. Okay. Bird: Do we need a motion? Meridian City Council August 22, 2006 Page 16 of 81 De Weerd: Yes. Bird: I thought so. Madam Mayor? De Weerd: Mr. Bird. L_J Bird: Before I make a motion, I want to compliment Mr. Sedlacek. As normal, he comes in with a set of rate increases, reasons for it, and how he does it and I appreciate that. And with that I'd move that we approve the SSC, Sanitary Services, rate increase and to publish the rate increase so it will take effect October 1st, 2006. Rountree: Second. De Weerd: Okay. I have a motion to approve the request in front of you. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: FP 06-038 Request for Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R-8 zone for Windsona Subdivision No. 2 by Landmark Engineering & Planning — north of Ustick Road and west of Linder Road: De Weerd: Thank you. Item No. 9 is FP 06-038. Anna. Canning: Madam Mayor, Members of the Council, I'm not sure if the applicant is here for this one or not. I was told at about five minutes to 5:00 that someone wanted to table it. I asked who that person was and no one could answer. So, I'm not sure if we have got an applicant here tonight. De Weerd: Do we have an applicant on this item in the audience? Okay. Canning: Madam Mayor, Members of the Council, I would suggest we continue this item, then. You. Not me. Sorry. Wrong, we. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue FP 06-038 until September 5th, 2006. Borton: Second. Meridian City Council August 22, 2006 Page 17 of 81 De Weerd: Okay. I have a motion to continue Item No. 9 to the 5th of September. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: MFP 06-004 Request to Modify Final Plat requirements for the approved fencing along the east and north boundaries for Arnke Subdivision by Michael Arnke — 2070 West Pine Avenue: Item 11: MFP 06-003 Request for Modification of the Final Plat for Paramount Nos. 11 and 12 to eliminate the perimeter fencing adjacent to the common areas. Fencing to be installed at the time of residential construction and to be the preference of the individual homeowner for Paramount Subdivision, Phases 11 and 12 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road: De Weerd: Okay. Item 10 is MFP 06-004. Anna. Canning: Madam Mayor, Members of the Council, on both 10 and 11 are requested modifications to final plats. We do have letters from the applicants stating that they are in agreement with conditions of approval. We haven't done these with Council yet. Would you like a full explanation of those modifications? De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You say that you have got written agreement from both for the conditions or verbal? Canning: Mr. Arnke came and gave me written for Arnke also. Bird: Oh. Okay. Because it say no here. Canning: He handed it to me at ten minutes after 7:00. Bird: Okay. De Weerd: Okay. Council? Bird: I don't have any questions. De Weerd: Okay. Thank you, Anna. Meridian City Council August 22, 2006 Page 18 of 81 Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Hearing no further comment, I move that we approve Item 10, MFP 06-004 and Item 11, MFP 06-003. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 10 and 11. Are there any questions or discussions? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from July 18, 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 13: Continued Public Hearing from July 18, 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 12 and 13 have been requested by the applicant to continue to September 26th. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue public hearings for Items 12 and 13 one final time until September 26, 2006. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Items 12 and 13 to September 26th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from August 8, 2006: AZ 06-019 Request for Annexation and Zoning of 10.59 acres from RUT to an R-8 zone for Meridian City Council August 22, 2006 Page 19 of 81 Southwick Subdivision by Gemstar Development, LLC — 1255 West Ustick Road: Item 15: Continued Public Hearing from August 8, 2006: PP 06-018 Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC —1255 West Ustick Road: De Weerd: Okay. Items 14 and 15 are a continued Public Hearing from August 8th on AZ 06-019 and PP 06-018. 1 will start this with staff comments. Canning: Madam Mayor, Members of the Council, was it okay when Will dimmed the lights before? Because I think you can see the overhead projector a lot better. Yes, much better. That's fine. This is the Southwick project, which you were familiar with a couple weeks ago. They have proposed to bring back a plat that was consistent with the R-4 designation and removed all their four flag lots. They have done that. Staff has checked it against the R-4 standards. They are okay. We would ask that if the Council wishes to approve this project tonight that you schedule the findings for three weeks. Staff needs to rewrite the staff report to reflect the revised layout and to review the conditions of approval and it will just give us a little extra time to work with the applicant to make sure they are in agreement with the conditions of approval before Council approves those findings. There wasn't any new information from last time to present to you. De Weerd: Okay. Is the applicant here this evening? Are you okay, Mrs. Wildwood, on continuing this item? Wildwood: Madam Mayor, Members of the Council, we are. I chatted briefly with Anna and I believe it was Councilman Rountree that asked about the reduction to the R-4 zoning. We are perfectly fine with that. We haven't really changed anything. We have increased the lot sizes, increased the common usable open space. I think there is just - - there are very few details left to be worked out with staff. I was going to jokingly say we agree with staff comments and conditions of approval, we just haven't seen them yet. So, again, this is that unusual case where I'm begging for large lots and so we concur the discussions have been very easy with staff, so I'm sure we can work everything out between now and then. De Weerd: Okay. Thank you. Wildwood: Thank you. Canning: And, Madam Mayor, I wasn't asking for this to be continued, I was just asking for an extra week for the Findings. That's all. De Weerd: Oh. Okay. Well, we, again, appreciate this unusual request to lower density instead of increase it. Thank you. Meridian City Council • • August 22, 2006 Page 20 of 81 Bird: Thank you very much. Wildwood: You're welcome. Thank you. De Weerd: Okay. This is a continued Public Hearing. Is there anyone in the audience who would like to provide testimony on either Items 14 or 15? Council, seeing none -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: With no further comment, I move that we close the public hearings on. Items 14 and 15. Bird: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED ALL AYES. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve Item 14, AZ 06-019 for annexation and request staff to have the Findings in three weeks. Bird: To an R-4. Rountree: As an R-4. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 15. Rountree: Madam Mayor? Meridian City Council • August 22, 2006 Page 21 of 81 De Weerd: Mr. Rountree. Rountree: I move that we approve Item 15, preliminary plat PP 06-018. Borton: Second. De Weerd: I have a motion and a second to approve Item 15. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: De Weerd: Okay. Item 16 is a Public Hearing on VAR 06-018. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Bienville Square access. The property is located on the east side of Eagle Road, south of Ustick. It does not have frontage on Ustick. Rountree: I need to recuse myself for both 16 and 17. De Weerd: Okay. For the record, Mr. Rountree has reclused himself -- recused himself. He's reclused himself, too. Canning: Again, Madam Mayor, Members of the Council, the Sadie Creek project is just north of this and, then, would be the Bienville project immediately south of that. The applicant is requesting one new full access from and to Eagle Road. Specifically, the approach would be located one quarter mile on the quarter mile south of Ustick Road and Eagle Road intersection. That would line up with the access -- right -in, right -out only access approved by Council for the Gateway Marketplace on the east side of Eagle Road. Upon completion of the Eagle Road corridor plan, the access will be reduced to left -in, right -in, right -out. Deceleration and acceleration lanes will be dedicated and constructed to ITD standards at the applicant's request. ITD has provided a conditional permit approval contingent on obtaining a variance from the Unified Development Code. Sadie Creek Promenade just to the north, as I pointed out before, is willing to provide cross -access to the Bienville Square at the time of development of their property. And that is in our package. There is a commitment from Tamara Thompson with Sadie Creek Promenade project to provide that cross -access. As you know, there is a platted road on the west side of the properties and that would be one form of the cross -access. There would also be cross -access across the shared boundary between the two properties. Staffs recommendation is for denial, for the same reasons that staff has Meridian City Council • August 22, 2006 Page 22 of 81 recommended denial on all these variances, that it's not supported by the Comprehensive Plan or the Unified Development Code. In particular, this side of the street faces additional constraints as compared to the east side of the street. On the east side of Eagle you have got folks slowing down as they approach the intersection. In this instance you actually have people speeding up as they exit the intersection. Therefore, it would not be appropriate to have folks slowing down to enter the property. The full access movement across at the quarter mile mark would -- does not comply with the Eagle Road corridor study. And, then, as mentioned before, Sadie Creek is just north. They have been granted three accesses to Ustick and they have always agreed to allow cross -access. So, staff feels that the site does have sufficient access. That was all with regard to the variance, shall not grant a right or special privilege that is not otherwise allowed in the district. So, they do have access. The second variance finding is that it relieves an undue hardship because of characteristics of the site. Staff recognizes that granting access from Eagle Road may relieve some traffic congestion within the site, because of southbound traffic on Eagle Road would not be forced to use Ustick Road to get through the intersection. Drivers could turn to and from Eagle Road, however -- excuse me. I think I deleted some of my -- so, there is some logic to it, but they still do have an opportunity to go out to Ustick Road. So, staff feels that there is really not an undue hardship, because they do have cross -access across the Sadie Creek property. The variance shall not be detrimental to the public health, safety, and welfare. I think if you look at the accident rates from 2004, the Ustick-Eagle Road intersection isn't on the top ten. If you look at 2005 and 2006 it looks like it's going to be number four, with close to 33 accidents at that location both those years. That just about coincides with the development of the commercial properties on these corners. So, it's clear that providing these access points along here is having an effect on the traffic safety along this roadway corridor. Staff -- Amanda Hess, the associate planner that has been assigned both this and the Sadie Creek Promenade project, did provide a memo to you with regard to both projects. It was in reference to a compromise, but the staff recommendation is for denial of these variance requests. If you'd like me to go through what that memo talks about now or if you'd rather have it after Bienville Square. I'm not sure if you want to hear both of these and think about them together and, then, make decisions on them or if you'd like to just take them one at a time? De Weerd: Council, what would your preference be? To hear them both at the same time? Might be easier. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would -- I guess I would suspect that any testimony we would take would be on both -- on the concept of access to Eagle Road in general. I would be fine to hear both of them, unless either the applicant or legal counsel objects to that. De Weerd: Mr. Nary. Meridian City Council • August 22, 2006 Page 23 of 81 Nary: Madam Mayor, Members of the Council, I guess what I would suggest is that you hear the testimony separately. If it seems that there is some necessity to discuss them after you have heard testimony, you can certainly table your decision, not make a decision, open your next hearing and do that, if you think -- there is a proposal in this -- in your packet about a compromise. But I think -- I think each -- each applicant should have the opportunity individually to present their case as to why the variance relates to them. De Weerd: Okay. I guess, Anna, though, as it relates to this application, what you can share now should be shared before public testimony. Canning: Okay. The compromise position -- the Sadie Creek Promenade project not only requires -- ITD has said that they will not grant access to that property. So, it's clear that -- that any access along Eagle Road will be serving both of these properties. Staff feels that the quarter mile mark location with the full access with terminating -- or reducing that to left in only over time is not appropriate, that that left -in movement provides a lot more conflict points. The right -in, right -out has been where the Council has been going more often with their approval of these requests and we felt that that was a more reasonable solution on the Bienville property. We are proposing that it line up with the second Gateway Marketplace opening across the street, so it would be a -- I think it's about 700 feet. That location could be -- Bienville Square could be asked to redesign the site, so that there was clear and easy access to Sadie Creek to provide that in -and -out movement. It also would allow full acceleration and deceleration lanes, because it's about in the middle of the properties. So, that was the -- if Council is inclined to approve an access on this portion of Eagle Road, staff feels that that one is a better solution than what the applicants have recommended -- or requested individually. We have encouraged them to work together to kind of -- to try and come to some -- something similar to this. They have just proceeded on their own with -- with the requests that are before you tonight. But we think that this serves both of them a little better. Or serves the city better in this instance, but staff is still recommending denial. De Weerd: So, now, Anna, you had mentioned ITD's comments are to deny? Canning: We are only talking about the Bienville Square today -- or right now, because we haven't opened Sadie Creek. But I just felt it -- to understand why we are proposing this alternative, I mentioned that because of -- on the Sadie Creek property they have said that they will not allow an access. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You say on Sadie Creek they will not allow a -- well, we shouldn't even be talking about Sadie Creek. On Bienville -- it's hard for me to understand why anybody would Meridian City Council August 22, 2006 Page 24 of 81 deny access when between Ustick and the school down there, there is seven asphalted entries on the west side of Eagle Road, done -- put in by ITD. De Weerd: I guess, Mr. Bird, those are for homes and both the city and ACHD -- or ITD have adopted ordinances restricting access out onto a state facility. And they are trying to be consistent to their policies as well, so -- any other questions for staff at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's not a question for staff, it's maybe more of a compliment to staff on this Bienville project and the -- and this proposed solution, even though you might be recommending a denial, you have provided something which I think -- for this Councilman is very intriguing and if the applicant or public or anyone who is providing any comments today, it might be addressed towards what staff has provided here. It interests me greatly. De Weerd: Okay. Thank you. Anything else? Is the applicant here? If you will, please, state your name and address for the record. Haggett: My name is Rob Haggett. My address is 787 East State Street in Eagle, Idaho. I represent Redcliff Development. De Weerd: Thank you. Haggett: Madam Mayor and Members of the Council, thank you very much for giving us the opportunity to come back and present this once again. We are all very familiar with this project. I think we are getting closer to a resolution. I do want to touch on something real quick that Councilmember Borton just mentioned, was that this recommendation by staff we feel is a good recommendation as well. However, ITD will not support that. They have said that a number of times. It doesn't meet with their ITD Eagle Road corridor plan. The access is too close to the intersection and they have approved the access request that we have made at the quarter mile mark only. We just recently met with them and received the same -- the same response, because we wanted to talk about this as a possibility. So, it puts us in a little bit of a quagmire. De Weerd: Rob, before you go further -- Haggett: Yes, ma'am. De Weerd: -- we do know that they will be putting center planter medians in. Will there be any breaks in there? So, does it matter how it aligns to the property across the street? Meridian City Council August 22, 2006 Page 25 of 81 Haggett: That's a great question and it does not matter how it aligns to the property across the street to ITD, as long as that median is put in. What they are proposing is that the quarter mile mark with the median there is a left-hand turn as you're heading north on Eagle Road to access our property and, then, a right -in, right -out, so that the turning movement would be limited to a right -in, right -out, left -in only. And that would be the furthest south point of our property, which is as close to the canal that you can get on the south end. I will mention a couple of different things and go through this and, then, turn over some time to Gary Funkhouser, who is here as a traffic engineer tonight. We feel that the information that we will show tonight will support this variance, very much like the three other applications that this Council has approved on the other three corners in this area. In all of the following cases, staff recommended denial for the variance requests and these were all -- even though staff recommended denial, this Council approved each one of those. The first one is Brighton Corporation on the northeast corner for the Lowe's development. They received one full access on the north end and two, right -in, right -outs. The second one is the W.H. Moore project on the northwest corner. The same thing, they received a full access point with two, right -in, right -outs. The third project is the southeast corner that Tamara Thompson was in front of you on June 27th for a request for two, right -in, right -outs, which were both granted. Now, that project is a little bit different than the two northern projects, because they have also full access to Ustick Road, which I believe they have at least two access points there, as well as a proposed backage road that's being planned by ACHD. And the timing of that is unknown. Could be three years. Could be ten years. But they will have numerous access points in and out of that project. In all three of those cases, as I stated earlier, ITD supported those applicants in their request for their access points. Our request is for one temporary full access that will be reduced to a right -in, right -out, left -in at some point in the future. That point in the future is when the state starts the Eagle Road construction to improve the Eagle Road corridor; we will be restricted at that point. When that starts -- it's projected to be within the next three or four years, but we really don't know. I don't believe it's been funded yet, so as soon as that happens we are more than happy to have the movement restricted to what ITD is recommending. Our request will not only have the least impact of any of the other three requests in this area, but we will be giving up, as Councilmember Bird mentioned, five deeded accesses that are on our property. Now, granted, those accesses are for homes, for farming equipment, but they are still access points and people can still drive in and out of those. We are giving up five of those and asking for one. Councilman Bird stated at a hearing on June 27th for the variance request by Landmark Corporation for the southeast corner, that -- it's a comment that I fully agree with. Councilmember Bird stated that he feels this Council has been penalizing developers on this one stretch of Eagle Road when, basically, the horse was let out of the barn a long time ago. We all know it's a problem, but it's an unfortunate problem that's been put in Anna's lap to deal with and other staff members of the city. But we have to look at each application separately and find the merits and see what works and what doesn't work and in this case our request for this application works based on what ITD has stated. We are the last ones, Redcliff, the last applicant to come to this party, other than right after us is another application for a right -in, right -out, but we are, basically, the last two applicant's in this stretch of development in this stretch of Eagle Road. There was also discussion at the June 27th Meridian City Council August 22, 2006 Page 26 of 81 hearing that the Uniform Development Code for this stretch of Eagle Road could potentially be changed. The acting city attorney at the time, I believe, Mr. Baird, stated that this stretch of road could be considered a special situation for access, while still maintaining the concept of restricting access in the UDC on other stretches of state highway within the city limits. There is one last thing I want to touch on that I think needs clarification. The staff report states that we have been granted access by the landowner to the north to get to Ustick Road and that's true. That's a condition of approval based on their plat. But nobody knows when that project will be developed. So, that access that we have is a future access. We don't -- we have no way of getting to our property today and we want to develop now. We are close, we are ready. We have a number of potential tenants, we have a number of things that will really make this a great project and get us moving forward and it will be a very successful project if we have this access. The 15 acres to the north of us, since they have been denied access on Eagle Road, their potential tenants and their marketing to try to get tenants has basically dried up. They have got very limited interest right now in that -- in that project until such time that they have some kind of access. I'm going to turn the rest of the presentation over to Gary Funkhouser with Stanley Consulting. He's a professional traffic engineer. I think he will make a good case for what we are asking for tonight and at the end I will make a closing remark. Thanks. Funkhouser: Mayor and Council, my name is Gary Funkhouser. I'm a transportation engineer for Stanley Consultants. Business address is 1940 South Bonito Way in Meridian. Stanley Consultants -- our staff ,or the firm itself, has prepared all the traffic impact studies for the four corners. All four of the developments in the area. So, we are very familiar with what the issues are in that area and what access may or may not cause to the traffic flow within the Ustick-Eagle corridor. I'm not here to argue against access management. I'm a firm believer in the concept. But, again, there is access management and there is access management. There is certain degrees of it. I'm here tonight to discuss some of the issues that have been raised in the staff presentation and in letters that you have received in your packets tonight. The first one is there is the ITD letter in there of the March 22nd decision where they have granted access. This access is not conditional. It's -- they have granted access with conditions. And as Rob has mentioned, one of those conditions is that they relinquish the five existing legal accesses that they do have. And, again, people may argue, well, that was for residences or anything else. There is nothing in the deeds or anything when the state purchased the property that limits that to those. So, they are legal accesses and it would have to be determined in a court of law as to whether those are for strictly houses and farm machinery or for an access to a development such as this. So, there are accesses at that point at those locations at this time. Also, when the state considers access, they consider what that access has to their system and there was a memo in there from the fire department stating that this is a hazard. I guarantee you that the state would not ever make a decision to put something in that is a hazard. It does have different conditions from no access, yes, but it is not a hazard if it is put in correctly. And things can be designed to mitigate accesses to relieve some of the potentials that will be out there, whether it's the full access or a right -in, right -out. In the memo from the planning director, under traffic conflict facts -- and this is the memo of August 18th, Meridian City Council August 22, 2006 Page 27 of 81 I'm looking at the second paragraph, and the last sentence in it says the majority of vehicular accidents involve left turns in and out of driveways. Making u -turns is a much safer option. In the -- at least my reading of the corridor study and concept that has been put forth by ITD, is that they are trying to provide street access -- signalized street accesses at the half point and, then, at an in between point, more likely the quarter mile point, they were looking at a u -turn situation to where a person can come in and make that u -turn and go back and access driveways that are in the opposite direction. Well, at the quarter mile point that is where they are proposing to put in this access point and as it states there that they say that it's much safer for that u -turn. At that location, if you're looking at this as a single intersection, it's not a safer situation. If you look at it as a single intersection. If you look at it as relieving or taking away a number of left turns, that's when it becomes safer. But at this location where they are proposing, if you put that left in, that left in also serves as that u -turn that the state has in their concept plan. So, at this point here it is safer to make a left turn than it is the u -turn at that site, because the left turn you get out of the traffic, the u -turn you got to make a complete turn in the intersection and, then, accelerate from the traffic. So, you've got to provide more time for the conflict to occur with a u -turn. I can also point out, if you look at the designs -- and we are also designing the widening of the Eagle Road for the intersection for the Winston Moore project. If you look at the design that they have at the Bald Cyprus intersection, you have a widened section in there, because you cannot turn a full size vehicle in the five lanes of traffic that's out there. If you're in that left turn bay you cannot turn that without having a widened section. And you especially can't turn a single unit truck. So, again, they have to make a turn into a widened section and, then, accelerate back into the travel way. So, the left into this site at that point would serve two purposes, the u -turn for their concept and the left turn into the site. The planning director also made the point about the differential between southbound versus northbound traffic. In other words, the northbound traffic would be slowing coming into the intersection, while the southbound traffic would be accelerating. I point -- that happens under one scenario. The other scenario is there is no difference. If there is a green light they are both going 55 miles an hour. So, there is no differential in speed going through that intersection. Everybody is going the speed limit or whatever they can travel. During the peak hours you can't go the speed, but they are traveling whatever they can do and they are not slowing down, they are trying to get through that green light. De Weerd: Gary, we are nearing the end of your time, so if wrap up is desired, this would be a good time. Funkhouser: Okay. The main points I want to make is that this can be designed as a safe -- it can meet the design requirements for ITD. The design speed for the new section of roadway, when it is 45 miles an hour, ITD does not like acceleration lanes, so showing an acceleration lane, it would not be put in there. We are not putting any acceleration lanes in at the Winston Moore project. You have to turn out into the flow of traffic, because people do not use acceleration lanes, they feel like they will get trapped at the end and never get out, so they want to -- they will wait until they get a break from traffic. You can watch it day in and day out where you provide those things, they'll just Meridian City Council • August 22, 2006 Page 28 of 81 wait until they can get there. So, you can provide a safe intersection for this development. And I would stand for questions. De Weerd: Okay. Any questions, Council? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Gary, can you comment on something that Rob mentioned about ITD allowing or not allowing this type of access. I take it if ITD is telling you that they allow right -in, right -out and left -in, that they wouldn't support a -- Funkhouser: Well, I -- Borton: Hang on one second. Funkhouser: Yeah. Okay. Borton: Access without the left in, which would provide relatively fewer conflict points? Funkhouser: Oh, yeah, I don't think that they wouldn't allow it. I think what -- what the developer wants is to be able to negotiate with the state for the access. At this point if the city precludes that, they cannot negotiate any access. They have been granted access by the state at this point. But we can't negotiate as to what it will look like. And when the state builds their project that will determine what that final access is. If they put those left turn, u -turns at that site, they would have left -in and u -turns and have that site. If they don't, they have right -in, right -out. And that's the same situation all the way down that whole roadway. Whatever they finally decide to put in on that roadway is what the control will be at each one of those intersections. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I understand that. I just -- the earlier representation that ITD will not allow right - in, right -out, as depicted, is that -- Funkhouser: I don't know, because, see, I wasn't involved in those -- those discussions. Borton: Okay. All right. Funkhouser: Yeah. I wasn't in on those discussions Meridian City Council August 22, 2006 Page 29 of 81 Borton: Thank you. De Weerd: I guess I have a question. You mentioned the five deeded accesses, yet they were not built for this kind of impact, and so how can you compare that these are anywhere -- have any similar impact to what you're recommending? Funkhouser: Yeah. I don't think I'm stating that. What I'm stating is that the state, when they purchased the right of way, granted access to this parcel and there is no restriction on that access. In other words, they never said that this access is for this house for this time and this only or that. They were granted access, because the way the deeds read and everything else is as shown on the plans. You have access as shown on the plans. These are shown on the plans. It is access. So, if somebody wants to change that, somebody could argue in a court of law and that's where it would be determined as to whether that is legal access or not or whether they could take it away. De Weerd: And safety should be a consideration in this; is that not correct? Funkhouser: Safety is always a consideration when the state looks at access. De Weerd: Especially when your traffic is going 55, 60 or some cases 65 if the traffic's moving at all. Funkhouser: Yeah. Speed has -- definitely has a consideration in that. De Weerd: Now, I understand you had mentioned the other three corners and -- but Mr. Haggett had mentioned you need to look at these individually. And so as the two properties to the north came in before the ordinance had changed, those were a little bit difference situation and when you looked at this region as four corners, do these accesses really make sense? And regardless of who you represent, if you were representing us with an ordinance that limits access, would this make sense? And I know that puts you on the spot and I apologize. Funkhouser: No, it doesn't, because I have been asked the same question by attorneys and judges. I'm also an expert witness for the state on cases like this also. And that's one area where I differ the way the state is interpreting their type four access control. I do not see where properly designed right -in, right -outs are a detriment to the system, because if you look at their type four access control, they state that they are going to have frontage roads, you know, clear to the mile points. You know, the new access control, the signals are up at the mile points now, they are not at the half mile. The old one is at the half mile point. But the new one they are considering is at the mile. So, if they would have, at the time that they built Eagle Road, got the access for frontage roads, that would have given these people on this side that opportunity to go east and west. One thing that I didn't get to say that I was going to that the people on Leslie Drive were going to complain about, you know, cut -through traffic. If you have got right - in, right -out only on this access right here and no access to Ustick, which you aren't Meridian City Council August 22, 2006 Page 30 of 81 guaranteed yet until that other develops, all that right -in, right -out traffic that has to access Ustick would go down Leslie. All of it would. That's their only real option is to backtrack around to get up there. If you allow the full access on a temporary until that other is put in there, then, the left turns have access out and it's quicker to go the other way. There is a letter, I think you probably have access to, that we did the analysis that if you looked at cut -through traffic out of this site to go that way, it takes roughly 90 seconds for them to cut through and go around where if that access was through the promenade it's 20 seconds. So, who is going to spend 90 seconds to go around, when they could spend 20 going the other way? But if you don't grant the access, that is their only option to go that way, because there is no way they are ever going to get another access down to the south to Fairview to get access to the other signal or that -- what is it, River Valley or whatever the next signalized access is going to be, because the subdivision is in the way. So, this is a different situation. De Weerd: I guess while I have a professional witness in front of me, I would like to ask you, then, how do you assure the safety of that center lane? The number of accidents that our emergency responders attend to are usually because of that middle lane, because people don't know how to use it. It's either a passing lane, it's another driving lane, it's used for multiple purposes, not just turning. So, how do you make that safe? Funkhouser: Well, as long as you leave it there, it -- the situation is what the situation is. You can't argue with what is happening out there. The state with their project is going to -- De Weerd: Well, I do argue, because I can tell you that this Council and this Mayor get the blame for everything that happens on Eagle Road, so -- and the safety of that road and that corridor from Meridian's portion on is our responsibility. The safety aspect. Certainly we don't have road control, but we are responsible for the safety of that stretch of property. So, I guess I would ask you, because this is your profession, how do you make the center lane safe? Funkhouser: Well, the only thing I can point out, too -- even though the ordinance was not in effect for the people on the north side of the intersection, you had the same responsibility, then, that you do on the south side, whether the ordinance was in effect or not. So, the ordinance shouldn't have made any difference as to whether you allowed those full accesses with that there. So, the situation out there -- this is the only mile left out of 11 -- you know, out of I guess seven miles out of there that doesn't have this type of access. All the rest of it has been given away previously. This is just the last mile. De Weerd: Well, I guess I would say every application we have an opportunity to learn and not redo the same mistakes just because we made them before. Funkhouser: That's right. De Weerd: So -- Meridian City Council August 22, 2006 Page 31 of 81 0 Funkhouser: But like I say, you can put in a safer -- again, you're not going to get rid of accidents. I can't argue that if you put an intersection in you won't have accidents. I can argue the point, though, that transferring a right turn out of this site from here up to the intersection is not transferring an accident, because accidents at intersections or driveways are based on entering vehicles and whether you transfer it from this point to that point, it's the same vehicles entering that access and if they are allowed right turn on red, they still have that same accident. So, the only ones that are really receiving any benefit is the left out and that's the thing that's going to be prevented out of this overall is the lefts out. They would have to go to the intersection to use it. De Weerd: And the lefts out are what we deal with in cleaning up the messes. Funkhouser: Yeah. De Weerd: So -- okay. Well, Council, anything further? Thank you. We will catch your final remarks in your conclusion. Okay. I do have a number of people who have signed up to indicate their opposition or favor. As I call your name -- if you'd like to provide testimony when I call your name, please, come forward. Otherwise, I will move to the next name. Betty Rosso. And I apologize if I mispronounce your name. Signed up against. Lori Beck signed up against. Okay. Thank you. Beck: My name is Lori Beck. I live at 2678 Leslie Drive. And I'm not a paid traffic consultant and I'm not a paid person who does testimony, but I do live right in this place that we are talking about and I can tell you as we submitted in our petition to you that having access to a left-hand turn doesn't mean that you can make it. And I can tell you that you're right, you're dead on, if you do make a left-hand turn off of Leslie, which is right by this, you're putting your life into your own hands. So, we tell all our kids -- I got four kids that drive. None of them are allowed to use the Eagle Road access, because it's just too damn scary. So, what's going to happen -- and what's going to happen is they make choices, they are either going to turn left until ITD stops them, in which case you're going to deal with the accidents, or they are going to turn right and according to ACHD there are 2,400 people that are going to use that access until they have the other one. Twenty-four hundred of them. Sixty-five percent of them want to go to Ustick or they want to go northbound on Eagle. How are they going to get there? They can't turn left, they are going to turn right, they are going to turn onto our subdivision, they are going to take those so-called 90 seconds versus 20 and we get to deal with them. That may be 650 cars a day, that may be 1,000 cars a day, it may be 2,400. 1 don't know. But now my kids aren't safe either. And I just ask you to really think about this. You're right, it's one application at a time, it's one neighborhood at a time. Please preserve ours. None of those other areas have a subdivision like ours. Please protect it. None of the rest of them do. The only other thing that I would say is that -- gosh, I'm nervous. Sorry. Well, I don't have anything else to say. Just, please, don't do it, because absolutely we know the impact. Or I do. Ninety seconds versus 20 -- I just got to ask where the 20 seconds comes from, because I don't get that. We are looking at the plan up here and we have got all kinds of cul-de-sacs and little turns and little ways around it, Meridian City Council • August 22, 2006 Page 32 of 81 how in the world are they going to take 20 seconds to go from where ever they are over to Ustick Road. Are they going to travel 55 miles an hour there? I don't get it. I just don't. Ninety seconds through ours, we see it all the time, people already use those as a cut -through. You're just talking about multiplying it by thousands and thousands of percent. Thanks. De Weerd: Thank you. Joan and Jim Lott signed up against. Lott: Thank you, Madam Mayor and Council. My name is Jim Lott. I live at 1342 Leslie Way. Just to reiterate, too, as Lori says, you could be a traffic expert, you don't have to be a traffic expert, if -- we see accidents out there on Eagle Road and everybody starts coming through our subdivision, they can take 20 seconds, they can take a minute, they are bumper to bumper, it doesn't matter how fast they are moving, they have to still stop and get out on Ustick again. The way it's getting now it's almost gridlock around us to begin with. Time is not a factor anymore. It's the capacity of the amount of cars coming through our subdivision and so we have, basically, lot control of our lives, we have a beautiful subdivision, I hope some of you have -- or all of you have had a chance to at least it at some point in time. The homes are really nice, the properties are nice, we have been around for basically ever and we didn't pick this thing. We know there is going to be development here, but we just want to keep some quality of life. We want to maintain it. We have value in our properties and in our lives and our children and there is pets and everything else. And, basically, when this red line, basically, coming right down to the beginning of our subdivision, you may as well put a sign out that says turn right immediately if you need to go to Ustick or you want to go north on Eagle, you want to go anywhere, turn here, we will fix your problem. And it's -- basically it's something think we need to have, you know, our needs met as well and we appreciate the amount of time and the length that this thing has gone through. I mean, I don't know how many meetings we have gone through. We have seen, basically, an inferior subdivision proposal. It's been poorly proposed over a period of time. We get situations now where we are getting -- you know, they are proposing the projects -- and we will fix it the next time you see it won't be exactly like this, it will be like what it's going to be next time. You know, where is the end for us, too? I mean we need some relief. Thank you. De Weerd: Thank you. Dean and Mary Brockman signed up against. Okay. Maureen Boyle and Louis Torino signed up against. Thank you. Adaline Chambers signed up against. Okay. Thank you. I think it's Sarah Chambers signed up against. I'm sorry. Sam. I apologize. Candy Seeley signed up against. Seeley: Candy Seeley. 1567 North Leslie Way. Madam Mayor and Council Members, I just want to reiterate -- well, I just want to ditto everything that you have already heard, but today is a good example of what happens in our intersection when you have just an accident, not forcing people to come down our road, because they can't get around where you're making them go. With the big accident at Eagle and Fairview, people were stopped at Ustick going north -- or, yeah, going south, I'm sorry. So, they had to travel down Ustick. I live two roads -- or two houses off Ustick on Leslie. I can tell you I counted up until about 3:00 o'clock there was about 80 cars that turned down our street, Meridian City Council August 22, 2006 Page 33 of 81 only to turn around so they could go back out another way on Ustick, because they knew going around wasn't going to get them anywhere, because the road had been blocked off previous to that. Otherwise, all those cars would have been going through the neighborhood out and continuing on, which is exactly what's going to happen. It's happened on other accidents we have had on that street and I stand out there and count them every time, because I have to show up to these meetings and I have to try and make you guys understand that this subdivision was here long before these developers were. Probably -- I'm not one of the oldest people there, but the subdivision's been around for at least 25 to 20 years and we do have a quality of life. We have animals that live there. We have ducks and we have children and we have kids who ride bikes and we have people just driving on the street that don't want to get run over by people trying to drive through the intersection -- I mean down our street to keep from having to go out on the main street. It's getting -- it's getting really bad. I just -- I don't know why we have to keep revisiting the same issue with these people. They should have taken the courtesy to -- before they put down all this money on this property that they were planning on buying, what they were looking into, what kind of accesses they have and what they didn't have before they try and just buy it and, then, start shoving their way through everybody else around to try and make it fit what they want it to do. They should have taken more consideration, like the other three properties they like to compare themselves to, I'm sure they knew the accesses that they had before they slapped down all that money to buy the property. And because he didn't have enough brains to do that, now he wants to try and conform everything. And it doesn't matter what happens to the other people who live in the area for the last 30 years and he thinks that's okay and that's the way to do things. And I disagree, and hope that coming back here all these times is helping you people understand how frustrated we really are and how -- just because a developer has a lot of money and buys a piece of property doesn't mean he can run out people who have been in the neighborhood, who have been voting and putting you people in jobs and paying their taxes and keeping the city running and we should just get rolled over, because he's got more money and that's his attitude and I'm really upset with it. Thank you for listening. De Weerd: Thank you. Okay. Jim -- I can't read your last name. Oh. Thank you. Hatmaker: My name is Jim Hatmaker. I live at 3014 Leslie Drive. Madam Mayor and Council. My view has already been stated in various forms, but I just want to go on record saying that I oppose the access to Eagle Road and I hope that a bad traffic situation would not be made worse by granting it. Thank you. De Weerd: Thank you, sir. Okay. Who signed up after Jim? Maybe it's a J or an S. The last name begins with an M. Okay. Thank you. Morrisette: My name is Gary Morrisette. I live at 1438 Leslie Way, Madam Mayor and City Councilmen. I live right straight across from this intersection that they want to -- my property backs up to that. I moved there in 1985 and I'm retired for the last four or five years, so I see the traffic going north on Eagle Road and I can tell you right now that in many, many times every day you see the traffic stopped trying to get through that light Meridian City Council Is is August 22, 2006 Page 34 of 81 at Ustick Road beyond where that intersection is right now, where they are proposing to put that intersection. So, a left turn deal is not going to work at all. And just before they -- I think it was '94, '95, we lost one little girl 16 years old trying to make a left-hand turn into Ustick -- into Leslie Way. Hit a car -- turned in front of a car, 50 miles an hour, hit her and killed her. Those cars are already doing 45 and 50 by the time they get to that intersection. It would be pure suicide to open that up for people to try to make left-hand turns into that -- into that project. And, of course, I completely agree with what Jim Lott just said. We just can't have all those cars circling around coming through. It's just not a workable situation. But, anyway, I wanted you to know that -- I'm not a traffic engineer, but I can sit here and I can see it and I see it every day -- several times every day, cars are stopped. Sometimes I seen them stopped from there going to Fairview. So, a right -in, right -out is -- to me is completely out of the question and left-hand turn going north to turn into there was complete suicide and I think you agree with me. Thank you. De Weerd: Thank you. Janeen Helms. Thank you. Signed up against. Okay. Those are the names on this list. Is there anyone else who would like to provide testimony? Please come forward. If you will, please, state your name and address. White: I'm Bob White. I live at 2995 Leslie Drive. To kind of verify what Gary just said about that problem on Eagle Road turning left in. We moved to Meridian in 2001 from Idaho Falls and, of course, we kind of got trapped when we got over here, not realizing what Eagle Road was going to be and what it was even then. But when we moved in just about five years ago right now, we used to be able to come north on Eagle and make a left turn into Leslie with no problem whatsoever and we could leave Leslie and go down; and if you watched what you were doing you could turn left out and across and go north on Eagle Road. But so help me, what's happened in that five year period, even to go left off of Leslie -- and we are farther away from the intersection with Ustick and even where we are to go left you're really taking your life in your own hands and, consequently, I think all of the neighborhood is -- if they are going to go left, we go on down through our subdivision out on Ustick and up to the stoplight. And anymore it's getting like habit over those years, we -- coming home off the freeway we come down Eagle Road, we get in the center lane that you talked being used for every purpose and make a left into there. But anymore it's getting -- there is so much traffic on that road that, truthfully, we are stupid to even try to turn in at Leslie and we are farther south than this road that's going to be at the quarter mile, which is going to be more traffic backed up for those people to be concerned with. I want to go on record -- I didn't sign that, because I was out of town when that -- but I'm definitely opposed to this proposition the way it's been proposed to you. De Weerd: Thank you, Mr. White. Is there any further testimony? Yes. Ewing: Madam Mayor, Members of the Council, I'm John Ewing, 2934 East Lake Hazel, Meridian, Idaho. I represent the Shurrey Company that owns the biggest part of the piece of ground that the developers are purchasing. There is one thing -- there is a couple things I want to say. To start with, the developers didn't come in not knowing Meridian City Council August 22, 2006 Page 35 of 81 what their access was. Shurrey Company has owned that piece of ground since the '60s, so I don't think anybody in the neighborhood can outlast us on that. When they did widen the state -- Eagle Road there, we were one of the only ones that let them purchase the property at -- at what they were offering, which is very unusual. Everybody else was getting more. They always start low. We never dickered with them. But part of the deal was is that we did have two accesses on just our piece of property, unrestricted -- there is no restrictions. We have that in writing. I think that, you know, we have never wanted to push the issue. In fact, this is the first time I have spoke about this project, but it is a situation that the traffic grows. If there wasn't any traffic on that road there wouldn't be any development on it. I think that every time I come into one of these I hear the concerns about traffic. It's part of the whole situation we have got in the whole valley right now. I am for the project, but I did want you to know that -- that we feel like that the state has gave that to us back when they widened the road and we'd like to use it now that we have an opportunity for a developer to be in there. Thank you. De Weerd: John, I guess I would just like to say on my statements that the city, irregardless of where the accesses are allowed, one of our largest responsibilities is public safety and that is -- that is my concern and -- Ewing: I totally agree. Madam Mayor, I just got a deal in the mail that they are thinking about widening the road to four lanes in front of my house and I'm sure I'm not going to come and complain about it, because we can't stop progress, but at the same time I think if -- it's a bad deal, I would be crazy to say I'm not concerned about safety, but they are slowing the speed down. Eagle Road's always going to have their accidents. I heard them talk about the wreck on Fairview. The only way we are going to stop accidents is to stop the traffic. I heard you talk about the center lane being an issue. I don't think it's an issue of having a center lane, I think it's an issue of maybe we should have adult training -- driver's training, you know. De Weerd: Good luck. Ewing: Yeah. We have -- we have more incidences of road rage causing accidents than right turns, left turns, or any turns, so -- and I'm not trying to argue, I just wanted to state that there was some comments made that -- that made me feel like that, you know, just trying to say, hey, you don't -- we shouldn't get it or these folks shouldn't get it because they got a lot of money and they have lived there forever. Well, I just wanted to tell you we have had that land longer than Carol Subdivision was ever thought about - - before it was ever thought about. We do have those accesses from the state and I'd appreciate it if you'd consider the state's recommendation and what the development -- I think it would be a good development. If it never can be developed, I guess that I need to come in and talk to the city what kind of park do you want there and -- Nary: Careful what you ask for. Meridian City Council S August 22, 2006 Page 36 of 81 Ewing: Yeah. And I think that's what the neighbors want and I think that if we don't get the development it's going to be for sale for the same price that we got out of it from the developer and, you know, I think that Shurrey company, if they don't -- and we certainly want them to. I don't want to say that. But I have said all along to the neighbors, when there has been some discussion to me it was for sale. If they like seeing the pheasants out there, all they got to do is -- if these guys match the price you can put anything you want there. So, you know -- and I'm not joking about that. That's where we are coming from. But, anyway, that's all I have got to say. I am concerned about safety, though. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: John, I got a question. How many acres you got there? Ewing: Oh, it's -- well, it was 20 and, then, the road took -- so, it's about 18. And, then, the ditch takes out about two more. So, there is 16 acres. Bird: So, in other words, if you wanted to do like they did along Eagle and Two Rivers and stuff, you could probably go in there and put in about 60 or 70 house tops -- roof tops? Ewing: Actually, if we wanted to, but we never intended that corner to be -- Bird: No. I'm just -- and with the accesses, we wouldn't before here, because the accesses are there for, evidently, residential is what I'm getting told by -- Ewing: I don't think -- Bird: -- testimony. Ewing: Mr. Bird, I don't know that to be true. When we got it and when we negotiated with the state, there were no conditions put on those, so -- and the thought was that it should always be, in my mind, a commercial piece of property. We came in and testified and got the -- on the Comprehensive Plan when it come through. It was something besides what it is now on the Comprehensive Plan. I didn't come prepared to talk about it. And at that time the Council agreed that -- and I know two of you were on that Council -- that that corner should be something more than residential and the neighbors went in and they got changed on the Comprehensive Plan. So, at one time the Council thought that these projects were what you wanted and I know times change, but that corner hasn't changed. It's -- and I -- and back to -- you know, if we wanted to, I guess we could. You know, the fact of it is, is I guess if we found somebody that had enough money and wanted one house there it would be all right, but I -- that probably didn't answer your question. Meridian City Council August 22, 2006 Page 37 of 81 Bird: No. It was just -- De Weerd: You know, John, I guess just a comment to your statement. This valley in 1960 had no idea some of the things that would happen between then and now and we are learning. With Communities in Motion, we are trying to identify these transportation corridors, look at how we can have frontage or backage roads and be able to more effectively restrict access and not have these kind of situations. But we will always have these kind of situations where some of these older subdivisions or land uses apply. It's trying to find the right solution and -- Ewing: Again, the unique thing about this is, is we are landlocked. We can't get to the half mile. We can't get to Ustick. If we don't get access, you know -- I mean we are landlocked. And, again, I -- that's almost like I'm wanting to argue with you and I'm not, but if every time there was a new subdivision come up, I have never been to the City Council meeting when there has been any growth or any -- anything new that there isn't a group of people that it affects and that some voice their opinion more than others, but I guess I know what you're saying, but we would have zero growth if we waited until everybody in the City of Meridian was happy about something. I'm not sure you won't have complaints building your new City Hall over here about where it's at, you know, I don't know. But you smile like you already have. Surely there is somebody that doesn't want to tear down the creamery. Anyway, that's the only point. I think this is a good project. We have no -- it is -- in my mind it is a different situation than so many, because we don't have access, other than out onto Eagle Road and -- and I just feel it's a good project. De Weerd: Thank you. Ewing: Thank you. De Weerd: Anything further? Okay. Okay. Any additional testimony? Okay. Wrap up -- I don't think you have provided testimony; correct? Please come forward. Boyle: My name is Maureen Boyle. 3109 Leslie, Madam Mayor, Council Members. I just think that perhaps this is an opportunity for us not to sacrifice what we already have, because someone new has come to town with a bit of money to build something else. This is happening throughout this whole valley and I think a lot of us who have been here since the 70s certainly don't like what we see happening. It's almost a frenetic, frantic pace and everybody wants to push and get it done right away and places -- neighborhoods with any history are sacrificed so we can put more in and I'm not sure I understand that. These are long-term residents, long-term tax payers, long-term supports of the city and the county and the state and we still seem to want to sacrifice all of that, so we can hurry up and develop. I'm just asking for a slow down and consideration. Meridian City Council August 22, 2006 Page 38 of 81 De Weerd: Thank you. Okay. Any further testimony? If the applicant has wrap-up remarks. Funkhouser: Again, Gary Funkhouser. Just some of the comments. The first one, 2,400 cars accessing Leslie off of this roadway. Twenty-four hundred is, like was pointed out, is the ADT projected to come out of this site. Fifteen percent of that is destined westbound on Ustick, which means in total that's about 400 vehicles a day. Half of it would be entering off of Ustick or coming into the site, not using Leslie to get to the site. Therefore, the maximum if everybody that turned right out of here had to go back to Ustick using Leslie, that would be 200 a day and that's not going to happen. The signalized -- the difference in time between the 90 and the 20 seconds, again, it's an average. Again, some of it from the furthest distance would take a little longer. Some of it from the closest point would not take as much time. We are talking a difference between what they are talking about on their street access to Ustick there is unsignalized. In other words, they have to wait for the traffic on Ustick. There is a signal proposed at this access. It's being designed right now by a consultant for W.H. Moore. It's going in as part of the Kohl's project and this one will have access to that signalized intersection. It would be foolish for these people, again, that turned right to go all the way through the subdivision to get to Ustick Road and wait at a stop sign for the same traffic that they come out to the northbound and get out on a signal where they are guaranteed time to get out. Again, the state is going to -- as part of Eagle Road is going to allow u -turns. U-turns at the quarter mile points along this area. U- turns are no different than left turns. So, if it's not safe to make a left turn, the state should not be putting any u -turns allowed at those points either. Again, I'll point out that it's easier to make a left turn and get off the roadway quicker than it is to make a u -turn. You got to almost slow down to nothing to make a complete u -turn around and accelerate out. So, if that is such a safety issue they should not be putting that in as part of their concept, but that is their concept to allow those at certain points along that roadway. And, again, the improvements will take care of your two way left turn situation. It's more of an enforcement issue. In other words, if people are using it for passing lanes or for something other than what it is, that's an enforcement issue. And, again, that falls back on the city's shoulders. You got ordinances that allow them to go only certain distances and two way left turns and that's what needs to be enforced out there to try to make it a safer situation to use those two way left turn lanes. And, again, it's development -- the City of Meridian is adding traffic to Eagle Road. It's not just this development, it's all developments, so -- De Weerd: I don't think it's just Meridian either. Ewing: Oh, no, it's the whole valley. De Weerd: Now, if you want to use all of Rob's time, you're getting close to it. Haggett: Rob Haggett. 787 East State Street, Eagle, Idaho. Anna, can you, please, put up the slide that shows our proposed access? I want to clarify, Mr. -- Councilmember Borton's question about the discussion of actually moving the access. Meridian City Council August 22, 2006 Page 39 of 81 We are currently asking for a temporary full access. We were willing, based on discussion with Anna Canning and also the developer to the north, to move that temporary full access further north, so that it might assist getting into the project to the north of us might be a better location. ITD is not willing to do that. ITD states that they will approve the full access point where it's currently located. And I did speak with an engineer at ITD today and they reiterated that fact. If there is any questions in regards to that -- Borton: At the quarter mile? Haggett: At the quarter mile mark. Exactly. As far as, Mayor de Weerd, your concern about safety, we are very concerned as well. This project is 27 acres total, which is a part of Mr. Ewing's piece of property and also a part of property that is owned by Redcliff. We are not just -- we don't have this under contract and we are going to close at some time that we get this approved. We own the property and we want to develop the property and we are coming to the city with a project that's very minimal impact. It's a mixed use project. If you look at every corner out here at Eagle and Ustick, we are the least impact project based on our mix of uses. We have a number of -- can I continue? I'll make it short. De Weerd: Yeah. We've had a couple of questions, so make it short, please. Haggett: It's a little bit unclear to me what the neighbors want to see here and I have been involved in development in this valley for over ten years and I have done projects in every city and I have always worked well with neighbors to answer questions. We did that with these neighbors. It's been very difficult getting any kind of agreement, but that's not your issue. What I'm unclear of tonight is that they are opposing this access completely, which means if you vote based on what they are asking for, we have no access to our property. We are landlocked. There is no way to get to it and that's unreasonable. We have to have some type of access. So, if you grant the least restrictive access, which is a right -in, right -out, then, more traffic will travel through their subdivision. What we are asking for is a temporary full access that will, eventually, when everything happens over the next five years with the improvement of Eagle Road and potentially the project developing to the north of us, where at some point we will have access to Ustick Road, it will relieve a lot of that stress in the area and our impact is very minimal based on the size of the project that we were doing. Another thing just real quick -- as far as the piece of property -- our development property remaining undeveloped, there is impact from all sorts of different things and most recently I have had three calls from homeowners where there is a bug issue right now, because our property has not been developed yet. It's a vacant field. Which there are bugs, there are mice, there are rodents, there are things that cause issues. There are three different homes that I have talked to the homeowners already that say they have an incredible cinch bug issue where they are coming in their back doors, literally thousands of bugs. As we develop this property that will go away. Development in some cases is good and that's a really good thing to look at. I mean I -- that's in all seriousness. So, those things will change for the better for these folks. We did take the time to study this Meridian City Council • August 22, 2006 Page 40 of 81 property. We didn't just come in and say, well, we will just thro% We can't develop like that. We are not a Winston Moore. We borr and we try to get developments done that are good projects and and what we are asking for tonight is something that is safe, it's We are asking for a temporary full access that eventually will be right -out and left -in. I would be happy to stand for any questions. some. I'm sure you do. De Weerd: Council, questions? Bird: I do, Madam Mayor. De Weerd: Mr. Bird. our money around. )w, we beg and steal his is a good project is safe as it can be. restricted to right -in, Hopefully you have Bird: Rob, as you probably know, the developers have been asked to redo the left-hand turns on Eagle onto Ustick. The northwest corner and the southeast corner, have agreed to participate in that. Would the southwest corner, if it is approved, agree to participate in that, too? Haggett: Yes, sir. I've had a number of meetings with Jonathan Seal. We have looked at the plan and we have already agreed to participate if we have this access approved. Bird: Thank you. De Weerd: Okay. Mr. Bird, I didn't catch your question. Participate in what? Bird: In putting in two left-hand lanes out there for -- by the developers. This has been done six, eight months ago. Haggett: Mr. Moore has already started construction on those improvements and went ahead with it knowing that he needed to have those done to do his project. We have met a number of times, he said -- and we have been -- there is a condition of our approval with ITD that states we will participate in the cost of those improvements if we get this access granted we are more than willing to do that. Bird: Thank you. De Weerd: But you're only doing it if you get this access. Haggett: If we don't get the access we can't develop. So, then, we can't participate in those site improvements. De Weerd: So, you're telling me -- now, maybe, Mr. Nary, my question is to you. So, can we not ask for access through the development to the north if this developer were to put that road in where the access is allowed? And I know it's an off-site improvement, but just a question. Meridian City Council August 22, 2006 Page 41 of 81 Nary: Madam Mayor, I guess the portion of that northern piece is already annexed, so there isn't any condition that requires them to develop that property at this time. So we can't require -- if the northern piece would allow this developer to have access to build a roadway and these folks were agreeable to build a roadway, but those were all consentual agreements, so we don't have any means, otherwise, to require that that property develops to the north. I think as Mr. Haggett has stated that their concern was they don't have access otherwise. I think when this Council previously reviewed this that wasn't a discussion point that was made at the time. In fact, it was the opposite point that was made, that it wasn't an issue. It appeared that all of it was going to be done at approximately the same time. Circumstances have since changed and I think that's the reason they are here. But we don't have a means from the city, since the portion of that northern piece is annexed already to require that they, then, develop it now or require that they grant an easement to allow a road to be built and, then, require this developer to build it. De Weerd: I know we don't have the -- we can still ask; right? Nary: You can ask anything you want. Whether we can require it -- your question was can we make them and, no, we can't. De Weerd: Okay. Okay. So, I will rephrase that question. If that opportunity presented itself would you participate? Haggett: And can you clarify the opportunity? De Weerd: The opportunity for the access to Ustick before they are ready to develop. Haggett: I have been in contact with the attorney that represents that project and as far as they are concerned legal advice to that property owner is to not grant a construction easement until such time that that property is developed or that it's sold to a developer that's willing to do it. It doesn't make sense for them as a property owner to allow us to come in and put a road in that eventually will be there. If a buyer comes along and says, you know, I'm going to buy this piece of property as a speculative piece of ground. I don't want to develop it for ten years, that's a possibility in this case. It's not -- there is no guarantee that their property will be developed in any certain time. De Weerd: So, you can't even have access for construction access, so all of the construction trucks will be coming in off of Eagle? Haggett: No. Unless they grant a construction access -- and when I say construction access, it means that the condition of approval that this Council placed on their plat to grant access on Sadie Creek Avenue, which is now called Centre Pointe Avenue. It will be -- at the time that they do their development that is, when that road has to go in where the signal is on Ustick and it lines up with Mr. Moore's property to the north. There is no guarantee that that property owner to the north will start that project in Meridian City Council August 22, 2006 Page 42 of 81 anytime. As far as construction goes, while we start development, we are asking for a temporary full access. It is currently the only way to access our property. What I'm hopeful for is that at some point in the future when that property develops to the north and we have a temporary full access, at some point that they start developing they realize that, okay, let's go ahead and get this road in and get it done, because it will benefit all of us. And our current plan has been changed to allow better traffic flow throughout the properties. I think the plan that was up there before was an older plan. So, if somebody wants to transit from Eagle Road at the full access -- the proposed full access point and come through our project and exit out to the north, it would make sense to go north to Ustick where the proposed signal is or potentially another access point across our property. De Weerd: Now, I agree your flow is a little bit better, but it concerns me those straight lines that -- I hope it's not going to be a strip mall. But I guess I would go back to my statement on access to the north to get to Ustick. If -- I know we all put attorneys in -- keep them in business and -- Nary: God love it. Got to love that. De Weerd: Oh, yeah, I'm sitting between two of them. But if they were to grant you a construction access and easement to get to Ustick, would you participate to see that that happens? Haggett: At this time we are asking for a temporary full access that eventually will be reduced once that access to Ustick Road happens. There is -- I think it would be -- De Weerd: I guess it's either a yes or a no question. Haggett: Well, it's not really a clear question, only because -- participate, yes, we will participate. When will it happen? Nobody knows. How will we participate? Nobody knows. It's not -- it's not that easy and that's one of the reasons why we are back here tonight, because initially we did work together with the property owner to the north and we worked very well together. We still work very well together, but I can totally understand their situation and if we don't have some kind of access to Eagle Road, which is very reasonable, what we are asking for, then, who knows what's going to develop on our piece of property. We could potentially have to come in change and the plat and, then, they don't know what type of traffic ends up transitioning their site. De Weerd: Anna, because this is a change, do they need to come in for a plat revision? Canning: Madam Mayor, Members of the Council, I think the approved plat for them actually did have an entrance shown down there. It's been awhile. I can't remember. Generally on the commercial projects we look at the number of lots, the amount of open space, the number -- this one actually had a large residential component, so we would look at the number of residential units, things like that. Potentially it could still be consistent with the approved plat, but this one looks like that the flow of traffic is quite a Meridian City Council August 22, 2006 Page 43 of 81 0 bit different, so I hadn't evaluated it yet. I can't give you a definitive answer. I forget which version was approved. There were layouts and I'm not exactly clear in my memory which one was approved, so -- that was a waffle answer. I don't know. De Weerd: Well, I'm getting used to those kinds of answers. Canning: Sorry, ma'am. Haggett: I'd like to address that, based on a meeting that we had with Anna and Mr. Nary. There was discussion that coming back in for this proposed access point, would that be a substantial change to the plat and the answer I remember from staff was that that -- what we are proposing tonight is not a substantial change. So, it can be dealt with at the final plat review. And correct me if I'm wrong, Anna, but that's -- Canning: Well, I already stated I'm not sure, Mr. Haggett, because I don't know if I evaluated it against exactly this proposal. As I recall, the approved plat had a street running approximately in the middle of the property that came out and, then, dog legged down to Eagle Road. So, in that sense it may be a change -- a substantial change. I need to -- I have not done the evaluation, so -- Haggett: And that is correct and that's one of the main reasons why we met and discussed potentially moving the full access point to the south -- De Weerd: Okay. That's a -- sorry I asked. Okay. Any questions, Council, for the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Rob, I apologize. I know you answered it and I probably didn't understand it. Are you telling me that -- or telling us that access to the north of the quarter mile point is not permitted whatsoever by ITD or that it's unknown, but you'd just rather not have it to the north? Haggett: Well, as far as what ITD engineers have stated to us that a temporary full access point, which is what they have approved, would not be supported by their executive committee north of this quarter mile mark. Borton: And -- Madam Mayor? De Weerd: Yes. Borton: Did you get any information whether or not a right -in, right -out to the north, by way of example at the -- just for example, the 860 foot center point location, whether or not that would be -- Meridian City Council August 22, 2006 Page 44 of 81 Haggett: As far as I know they -- in fact, I believe the executive committee is meeting tomorrow for the variance application that Landmark has in right now for a right -in, right - out. And I haven't discussed with the executive committee -- we have discussed with the engineers and they stated that that would not be supported. And those were Kevin Sublon, Jon Ogden, and Matt Ward. That application still has to go to the executive committee and the executive committee makes the final decision. But those three engineers make the recommendation to the executive committee, similar to the way staff does here. Borton: Madam Mayor. Maybe this is something that needs discussed with additional information. Do you know why -- why those individuals deny any -- or would suggest that there not be any access provided north of the quarter mile point? Haggett: Because what they see in this proposed plan is the best -- the best potential for access to the property. It's the safest. It's got the least amount of curb cuts. There is only one curb cut here as compared to potentially seven from the corner of Eagle and Ustick south to our south property line. And I believe that's the basis of it, but as far as - - I'm not clear on that as well. Borton: Okay. Thanks. De Weerd: Okay. Any other questions? Okay. Thank you. Haggett: Thank you. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I did want to clarify -- and I think Mr. Borton got to it, but the compromise was just for a right -in, right -out only, not for the full, and we haven't heard anything official from ITD on that and I don't think the applicant has either. I think that the question has always been with regard to the full access point. I would feel uncomfortable not having ITD provide some information on that directly, rather than through the applicant. Also, any change in use on this property would require a variance by the UDC. So, if it were developed as residential it would still require a variance applicant. De Weerd: Thank you, Anna. Any questions for staff? Staff, do you have anything further? Canning: No, ma'am. I believe Mr. Overton would like to say something. And he has a rank and I always forget it. Overton: Madam Mayor, Members of the Council, I'm going to put my chairman of the traffic safety committee hat on for this one, because we address left turn in and left turn Meridian City Council August 22, 2006 Page 45 of 81 outs constantly throughout the city. A little history, though. My folks were transferred with Hewlett-Packard in 1977 to this valley and a bunch of Hewlett-Packard families moved into Leslie Drive in 1977 when it was developed. I have been in several of those houses. It's a beautiful development. But Eagle Road was a two lane road at that time and even by ITD predictions in 2003 they stated that Eagle and Chinden wouldn't have 34,000 vehicles until 2020. They exceeded that in 2003, 17 years ahead of schedule. The Eagle Road we deal with today is far different from the Eagle Road we had 20, 30, 45 years ago. We deal on the traffic safety committee with three ways to handle accidents. It's based on Northwestern University's Traffic Safety Institute. They call it the three E's, it's engineering, education, and enforcement. With full knowledge engineering is the single most effective way of reducing traffic collisions and injuries and enforcement is the least. For an example, on Eagle Road there is two of them. One of them was a driveway that was placed at the Krispy Kreme at Eagle and Fairview. We didn't want it. We were nervous when it was put in. We did manage to get a barrier put in that turned that into a right -in, right -out, which reduced the left hand in and the left hand out collisions. The second intersection we dealt with on this same exact setup, left in, left out collisions was Magic View and Eagle Road, and in that case we tried everything. We had right turn only signs at the intersection, across the intersection, right turn arrows painted on the intersection and we still had a high number of collisions left turn against traffic. Even with the signs. People will do that. Unfortunately, we had to deal with the accidents. We put up traffic cones for anybody that saw them at Magic View and Eagle. Big cones. They looked really good with all the tire marks and they were run over. People still turned left to cross those cones. It wasn't until ITD put up a center lane barrier restricting access that we took what was approximately -- and I say approximately, because I did this six, seven months ago, 34 injury accidents on left turns down to zero with limited access with the barriers that ran down Eagle Road. I'd love to see that barrier all the way to Chinden to prevent left turn ins and left turn outs, except at signalized intersections that regulate where you can turn safely, because left turns, whether they are in or out, have the highest degree of injury. Now, with that said, we will be dealing with all these other intersections that have left turns and left turn outs eventually, because we are going to have more development as it travels north on Eagle Road. We have dealt with Magic View. We have limited access now to Franklin Road. We have dealt with Krispy Kreme. We will be dealing with Presidential very soon as they continue to work on accesses to Eagle Road. But we have to remember as we deal with these left turn accesses, they have the single highest degree of injury in an accident, because of the way cars are designed and the fact they are either struck on the driver's side or the passenger side. And I don't want to offend anybody on Leslie Drive if it causes increased traffic, but right -in, right -out would be the safest solution and although I don't know that ITD would recommend it, we eventually end up with right -in, right -outs and we have to go and try to make these intersections safe. And as Council and the Mayor are considering what to do on this, we are going to deal with it in the future if we allow it today, because that's what we did at Magic View and that's what we did at Krispy Kreme. And I would have to agree wholeheartedly with Anna's denial earlier from a simply safety aspect, because we deal with these constantly. I stand for any questions from Council. Meridian City Council August 22, 2006 Page 46 of 81 De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you, lieutenant. You are always the last word and I almost shutter to ask, but do you have any comment to those remarks? Haggett: Briefly. Yes. Mayor and Council Members, Rob Haggett, 7870 State Street, Eagle, Idaho. As Mr. Overton has mentioned, it is an issue, which is why we are asking for temporary full access at some point that we can have better access to the property when the entire area is developed and Eagle Road corridor plan is put in place by the state, it will be reduced. The left turn out will be gone. Temporarily it needs to be full access in order for all people to turn into our project and also to relieve the stress of potential traffic going through to Carol Subdivision. What we are asking for isn't unreasonable. It's low impact, as we stated earlier, and it's been approved by ITD, as have all of the other access requirements in this area have been supported by ITD. That's what we are asking for. Not asking for anything different. And this Council should feel somewhat comfortable in the fact that ITD has approved all of these. We are not asking for anything different. It's low impact. It's the lowest impact of this corner. And that's all I have. De Weerd: Thank you. Haggett: Thank you very much. De Weerd: Okay. Council, if you need any further information. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Certainly we have taken a lot of information on these specific items and I certainly do feel I have enough information to make a decision. However, I have heard from staffs presentation and this applicant's addressing that, that there may be a compromise that could be reached, but it would -- in fact, the next application that we -- that we are hearing. I'm wondering if we could continue this item for action -- I'm asking legal counsel to now continue this item for action, hear it at the next application and see if we haven't heard from the property owner to the north to see if that's even a question for them, then, to take action later on this item. Nary: Madam Mayor, Members of the Council, Councilman Wardle, certainly you can table this decision and hear the other action. The testimony -- part of the testimony in front of you was that that was discussed and that wasn't an option from this developer's standpoint, although it wasn't -- it wasn't adverse to them, they indicated that that was ITD's opinion about that. But certainly to hear more testimony about that, you can do that. You could also, if you wanted to, if you -- if the decision of the Council is to grant Meridian City Council • August 22, 2006 Page 47 of 81 an access, you can -- you do as you have done in the past of setting where approximately that access is. If there is an opportunity to move that access through agreement, then, that's something you could also certainly make that part of the conditions. So, you could do it either way. Wardle: With that, Madam Mayor, I would move that we continue the Public Hearing on Item 16. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 16. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Are we -- the motion is to continue it for an hour? For a week? De Weerd: You know, I'm sorry, you really aren't allowed to discussion this motion, so - - this is a motion you don't have discussion on. Nary: Well, he can't -- since they didn't make -- all he's asking is for clarification as to when they are continuing it to. De Weerd: Oh. Okay. Nary: Is it after Item 17 -- De Weerd: I think that's what Mr. Nary had talked about before the motion, so -- Bird: But we didn't say it in the motion. De Weerd: Was the motion intended to continue this after Item 17 discussion? Wardle: Yes. De Weerd: Okay. Thank you, Mr. Borton. Bird: The second's got a clarification. After a decision on 17 or just after 17? De Weerd: Thank you for making this complicated. Okay. Mr. Wardle, what was your intent? Wardle: Madam Mayor, thank you. I would like to continue Item 16 until after the Public Hearing on Item 17, which is what we have scheduled on the agenda. Meridian City Council • August 22, 2006 Page 48 of 81 De Weerd: And before any decision on Item 17? Wardle: Yes. De Weerd: Okay. Bird: Okay. Second agrees. De Weerd: Second agrees and that clarifies it for Mr. Borton? Borton: It does. De Weerd: Okay. Sorry. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE NAY. Item 17: Public Hearing: VAR 06-017 Request for a Variance for a right -in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade by Landmark Development Group, LLC — Southwest corner of Eagle Road and Ustick Road: De Weerd: Okay. It is continued until after Item 17. So, I will go ahead and open the Public Hearing on VAR 06-017 with staff comments. Canning: Madam Mayor, Members of the Council, this is the Sadie Creek Promenade project. It's located on the west side of Eagle south of the Ustick. It is a variance application. The applicant is requesting one new right -in only approach to Eagle Road. Specifically the new approach is to be located approximately 660 feet south of Ustick Road, the Ustick-Eagle intersection. As I mentioned previously, ITD has -- will not grant any approach permits on this site. That's -- our current letter says that, because it is too close to the intersection. Staff recommendation is for denial. Again, the access is not supported by the Comprehensive Plan or the Unified Development Code. The request also does not meet the required findings for a variance. As noted previously, we have seen an increase in the number of accidents at the Ustick-Eagle intersection since 2004 and it is currently rated either number four or number five in the top ten accident areas. With regard to the required Findings, the first one is the variance shall not grant a right or special privilege that is not otherwise allowed in the district. This is currently prohibited in the C -G zone and along this highway corridor and, in this case also, ITD has specifically said that they will not allow an access point for this property from Eagle Road. With regard to the variance relieves an undue hardship because of characteristics of the site, this project has three deeded access points to Ustick, so they do have quite a bit of access to a major arterial road. With regard to the third point, the variance shall not be detrimental to the public health, safety, and welfare. You have heard testimony in the last application about left -in, left -out turn movements and the increase that they cause in safety concerns and the severity of those accidents as well. Just to get it on the record again for this hearing, staff has proposed -- although staff is Meridian City Council • August 22, 2006 Page 49 of 81 recommending denial of this, they have proposed a compromise that provides better access for the Sadie Creek Promenade project in that it moves the right -in, right -out only to -- closer to their property. It would line up with the Gateway Marketplace right -in, right -out only on the east side of Eagle Road, so it would move it quite a bit closer to this project and would provide that right -out as well, rather than just a right -in. So, staff does have the compromise included in the memo for this project. And with that I will answer any questions. De Weerd: Council, any questions for Anna? Bird: I have none. De Weerd: Okay. I can say right off you look very different from the last time we saw you. Thompson: Thank God. De Weerd: Congratulations. Thompson: Thank you. Madam Mayor, Members of the Council, my name is Tamara Thompson, Landmark Development Group, 1882 Taluka Way, Boise. 83712. Sadie Creek Promenade is designed as a very beautiful project and we are committed to quality tenants. Since we were here last we -- well, we were here last six months ago almost to the day. I think it was February 21st. And our right -in, right -out variance was denied. Since, then, our tenant interest to the project has dramatically decreased. The lack of access has hurt the commercial viability of the site. There is a couple of things that I want to clarify, that this is not a reconsideration of that previous variance, this is a completely new application for a right -in only, instead of the right -in, right -out, and the letter that you have from ITD was for that previous application. This is a new application to ITD also and that goes before their executive permits committee tomorrow, which I don't believe is a coincidence. They have told me on several occasions that they want the city to act first and, then, they will act second. So, I think they are looking to see what you do tonight. The other changes that have happened since -- in the last six months is the designed speed on Eagle Road has changed from 55 to 45. So, previously for a right -in, right -out application we were right on the cuff of having enough deceleration length in the 660 feet and with the design speed change to 45 miles an hour for the right -in only we more than meet that deceleration speed. So, what we would be looking at is a dedicated deceleration lane for a right -in only, with no rights out. As far as safety, safety's everybody's number one goal here. And when we are talking about left turns, if you're looking at traffic heading northbound on Eagle Road, making a right -in turn is -- from the memo there is -- or I guess it was from our previous hearing that there is one conflict point for a right -in only and if you don't have that right - in you're taking all of that traffic, putting it onto Eagle Road and making them do left turns, which he have heard repeatedly is the less safe option for access. So, we believe that what we are asking for is much safer than funneling all the traffic to Ustick to enter the site and exiting the site. If you're trying to get back to Eagle, they are right Meridian City Council August 22, 2006 Page 50 of 81 turns, so it's kind of sixes on that. So, that's why we have given up the right -out aspect of what we are requesting. Additionally, the UDC language, as I read it, is -- specifically says it limits access points to state highways. So, I don't know if that's -- if that's a distinction that -- if it's just semantics or whatever that this is actually from Eagle Road, not to Eagle Road. So, anyway, I'm not sure if that's -- if that's something that -- if we fit into that category or if -- you know, if a variance is actually required for that if we get ITD approval. I'm going to make this short and sweet. So, in conclusion, our right -in only ,we believe, is a safer, more convenient access for our tenants. It will help us get the quality tenants that we are looking for. And, again, Mr. Bird, I know you have been wanting to know if everybody is participating in the improvements that are going on out there and that would allow us to participate in those off-site improvements. It would be a -- if we get ITD approval it would be a continue of approval from them as well. And we look forward to bringing a beautiful quality project to the City of Meridian. Thank you. De Weerd: Thank you. Questions from Council? Bird: I have none. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Tamara, if I could -- staff has suggested in their presentation some sort of a compromise with the property owners to the south. Is that something that you have considered, discussed, been a part of? Thompson: As far as what staff brought up as a right -in, right -out somewhere in between us that aligns with the -- the eastern side of the road, since I know that one intimately, that would be an approximately 880 feet from the center line of Ustick and, yes, we would -- we would be agreeable to something like that. I have not -- I don't know from ITD what they would think about that. I haven't talked to them directly. Because tonight's the first I really heard of it. Wardle: Madam Mayor, just to clarify. But you would be willing to -- because we have, obviously, two applications. You would be willing to, essentially -- if it could be reached, look at -- at taking access through some sort of a joint shared right -in, right -out, which -- or some sort of access which staff has suggested? Thompson: On the surface, yes. But, you know, there is a lot of agreements that have to be made there, because -- and it's the same thing that they deal with -- with the property owner that I represent is that until development is certain, you don't want to be giving away cross -access points or having other people come onto your property to build roads and that kind of thing. So, if we go first, you know, the approach at Ustick gets put in and that turns into a public street. If we go first, you know, we don't -- even Meridian City Council August 22, 2006 Page 51 of 81 though -- even if they grant cross -access through their property, that doesn't give the right to physically go on somebody's property to construct a road. So, it kind of -- I mean it's the same situation and who goes first is at the mercy of the other property owner and there is a lot of agreements there, a lot of cost-sharing agreements, that kind of thing that come into play. So, yes -- the answer is yes, but -- there is a lot of moving parts. Wardle: Thank you. Nary: She's not even a lawyer. De Weerd: You know, I don't know if I can legally ask this, but I -- I guess that's why we have an attorney sitting there telling me -- if I have to stop, please, stop me. If we were to continue these two variance requests and ask you to get together and find -- if you were to get right -in -- I think the right -in is certainly safer, you don't have some of the concerns that the neighbors and Leslie Way would have an issue at. If you could get together with the other applicant, discuss access or -- to Ustick for them, if you were granted the right -in and they were also granted a right -in only, as long as they had access through your property, so like you were saying, it answers the question who goes first, because they need access to Ustick. So, Bill, could I ask if they would consider discussing between the property owners if those kind of ideas would work for them? Can I ask that? Nary: Madam Mayor, Members of the Council, you certainly can. I think the testimony that you have heard both from Mrs. Thompson and Mr. Haggett is that they have already done that. I think the problematic. person that we don't have any really authority over or control over is ITD and I think one of the things that Mrs. Thompson stated in her testimony that may be something you and the Council want to consider is the fact that ITD may be waiting for the city to make a decision. Now, the city doesn't have authority to grant access to the federal -- or to the state highway, but we can -- but the city can limit access to the state highway. So, if ITD is truly waiting, then, what the city may -- may want to be doing is giving them some direction over what your preference is on this particular stretch of Eagle Road. Whether it's access that is joint, and if that it isn't going to be approved by ITD, then, you either want to hear these matters again to make a decision that isn't going to -- that is going to relate to the separate properties, but that your decision that your access point that you want is one access at no more than -- no less than 880 feet from the corner -- or from the center line of Ustick and that's -- that's your decision. You continue these matters for these variance decisions until ITD makes a final decision on whether they will grant that, because, again, if you grant -- if the city grants them an access and ITD doesn't, then, it really doesn't make any difference. That's something you consider. But if you do what you're proposing, Madam Mayor, I think they have it already. So, I don't know that that gets you any further on a final decision until ITD makes a final decision. De Weerd: Well, I guess if ITD is kind of waiting until the city makes a recommendation and because there is three Council members up here I know I won't be breaking a tie, Meridian City Council August 22, 2006 Page 52 of 81 so I will just throw out my idea and -- for what it's worth, which isn't much, when I don't have a tie opportunity. But if you were to look at just getting right -in access and negotiate or work with the property owner to the south to give them access to Ustick, that I know I would certainly be willing to write a letter to ITD with full support of right -in only. It's the right -out and it's the left -in that has the biggest heartburn, I think, for the safety aspects and I think for the neighbor issues. So, would you consider those kind of discussions with the property application to your south? Thompson: The first thing that that brings up for us is that -- I believe that for what they are trying to develop, they have to have more than egress point and I don't know this for sure, but I think that it's -- you can't do more than 55 residences without having two points to get out. So, if something happens to the public street here, these guys aren't just totally landlocked and have another way to get out. And I think that asking the -- the smaller property that's a third of the size to bear all of the traffic through its development where the public street doesn't handle all of it, is -- is too much of a burden. But I don't know this for sure. So, we need -- we need clarification on that. That is one access point acceptable for the amount of residences that are going to the south, because we have given a secondary cross -access point. But the intent of that was just for the convenience of customers, so for the retail along the front, you know, if we have retail in here and if they have retail, then, those retail customers -- it's convenience for them to be able to shop back and forth and not have to go out onto a public street to -- to get there. But if it's actually a condition that they have to have two egress points, I don't think a right -in only works for their development. But, again, this is -- this is -- De Weerd: Well -- and the fire department might have a threshold on building permits allowed until that additional access would be allowed. I guess I'm just suggesting that discussion -- I think probably the neighbors would even be more amenable to the right - out if this development had an access to Ustick, because it would be the quicker route to Ustick, rather than through their subdivision. I'm just asking for those discussion opportunities, so that Council might have a better opportunity as well to have the whole picture. Thompson: And I think -- I mean I know that we want to get started on something, but there has been so -- there is so many unknowns out there about, you know, is all the traffic -- because, you know, we were all denied access onto Eagle -- is all the traffic going to be coming through there, is that adequate, and for us, for our development, the 15 acres to the north, a right -in only is adequate for us and if it's on our property line or 200 feet to the south, that probably doesn't matter. But if it's at the quarter mile point where you go a quarter mile past and have to come a quarter mile back, then, that is problematic. So, I think, you know, the closer -- that 880 is probably the threshold that we are going to be willing to work within. De Weerd: Thank you. Ron, did you have any comments? Or chief. I'm sorry. Meridian City Council August 22, 2006 Page 53 of 81 Anderson: Madam Mayor, I was just going to confirm that you are correct, the Uniform Fire Code in residential development says anytime you have over 30 residents that we require two access points. Meridian has fudged on that and we allow 50 residents and with commercial it's the same thing, we require two points of access. But it doesn't matter to us whether they are both off of Ustick or one's off of Eagle, so that wouldn't matter. De Weerd: Okay. Thank you, chief. This is a Public Hearing and I do have two people signed up to indicate for or against. Candy Seeley signed up for. Would you like to provide testimony? Seeley: Candy Seeley. 1567 North Leslie Way. I, actually, am very much in favor of this project. They have done everything that we have asked in discussions trying to get the whole thing together. They put in light retail and -- up against the properties that are backing up my subdivision and they have been very magnanimous in the back and forth going -- and the communication between the two. I had an idea, which was the same idea you came up with, grant both the different properties that we are talking about tonight the right -in access and give them the signalized access out onto Ustick as the full circle around and that would solve our problem and probably solve all the problems if we could do something to that effect. So, that's all -- I was, you know, the same mind with you trying to do something like that. Because that would solve our problem of the right -out people coming in down our roadway and, then, they have the signal, which is away from our street already, to direct them north -- I mean east or west, whichever way they want to go. Thank you. De Weerd: Okay. Thank you. Tim Reed signed up for. Reed: Good evening, Madam Mayor and Council Members. Jim Reed with Idaho Commercial Group. I represent a purchaser -- we have the property under contract, the northern property. One of the things that just needed to bring up and it all boils down to me. I'm a commercial real estate broker and this access and ingress and egress and stuff, it all boils down to what we see the property, you know, values and prices per square foot of dirt and all of those things and since we put the property under contract and through our due diligence period, which we are still under now, some of the things that concern me would be the time table in which what we have done so far, if we could get a decision to move forward with the project. The other issue is that we had numerous tenants interested in the property and when we first looked at the property in discussing whether we could get access onto or off of Eagle Road, we had a tremendous amount of interest, especially, you know, for that hard corner area and since then, until that's all been figured out, that's all dried up. So, right now we are looking at the economic feasibility of doing a project there, you know, with the right retail mix with what's going on on the other three corners, which is, you know, very nice developments and a lot of commercial space, without that access somehow into -- into that northern piece that we have under contract, it doesn't look like it's going to happen on our end. Then some of the safety things -- and I have learned a lot sitting here tonight and I don't need to be a traffic engineer to kind of just understand logic. I drive Meridian City Council August 22, 2006 Page 54 of 81 the roads every day, I drive Eagle Road every day -- the fact if we had a hundred cars coming south on Eagle Road and those hundred cars wanted to come into that development, they would have to go right onto Ustick and, then, left into our development, which causes the highest injury rates and everything that we heard here tonight. If by chance from a safety standpoint, which is -- seems to be the paramount issue here, if half those cars or a third of those cars, a quarter of those cars could make the right -in to our project it would be much safer, in my opinion. But I'm not a traffic engineer, so -- but with that that's, really, all I had. So, is there anything -- any question? De Weerd: Any questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you. I had only two people sign up to testify. Is there anyone else who would like to provide testimony on this application? Graham: Madam Mayor, Council Members, my name is Steve Graham, I live at 1534 Leslie, which, as you probably know, borders the western part of this project. I submitted my written testimony, which you have probably already reviewed and I just wanted to verbally say that we do support -- I do support this project, I think the right -in is a good solution for everybody. You just heard from the developer or a potential buyer that it probably works for them and I think that's the right thing to do. So, I just wanted to verbally state that and hope that you'll take that into consideration. Any questions? De Weerd: Thank you, sir. Graham: Thanks. De Weerd: Okay. Anyone else? Thank you. Any closing remarks? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess I will begin. Just a question for legal staff, I think that we have got a -- or in my opinion we have a potential compromise. Is it -- but I'm going to be talking about both applications. Should we close the Public Hearing on this application or leave it open? I mean, I guess -- where is the process for us to do that? Nary: Madam Mayor, Members of the Council, I mean you're going to have to -- at the point that you're ready to make a motion or decision, then, you would probably close the Public Hearing. You have the other one left that's still to make a decision on, unless you feel you need to have -- to hold them both open for more information before you can make a decision, there is no reason to keep it open. So, you can close the Public Hearing on this if you don't think anymore information is necessary to be able to make a Meridian City Council August 22, 2006 Page 55 of 81 decision. If you one first? 0 -- I guess as your -- are you wanting to know if you can go to the other Wardle: Well, my -- Madam Mayor, my intention would be -- and I have heard a couple different things. We have heard the comment about the Idaho Transportation Department having final authority over access to the state highway. I have also heard both applicants agree that a shared common access could work for them. However, we don't know if the highway district would even entertain that -- that sort of an idea. That would be the only additional information that I would need to have, if that makes sense. Nary: Madam Mayor, Members of the Council, I guess the dilemma that we have -- and I -- I think what you may have to consider doing is if you're going to make a decision so that the Idaho Transportation Department knows what your preference is, then, your -- the best way to do that is to, then, close your hearing, make a decision. Does that mean you may have to rehear them if that decision isn't approved by ITD? Yeah, you will have to, then, bring them back to make an alternate decision, because we can't at the end of the day leave the decision with -- leave a decision that doesn't allow access to Bienville and doesn't -- and doesn't answer the question that's been requested by Sadie Creek. De Weerd: Mr. Nary, though, could we not continue these, make a recommendation to ITD, and see what comes back? Nary: Madam Mayor, Members of the Council, I mean I guess that's the only place that I don't have a specific answer to. If ITD will accept your recommendation -- as a recommendation and make a decision -- I just don't know if they will. You know, I guess for -- as long as these developers -- this has been a long process and I'm going to guess that time isn't totally of the essence for them, as long as we have been talking about this and I have been trying to -- I have been sitting here trying to think of some way that you didn't have to hear this again, because I thought maybe that would be your preference, but I don't know that there is any way to avoid that. If your -- if the decision of this Council is the compromise that's been discussed and that both parties in principle agree to, subject to some conditions and such, then, that can be your decision. If ITD won't grant that, they will have to come back, because there won't be any way for them to continue with the project, either one of them, with your decision that isn't going to allow them access. De Weerd: Council, I guess right now I'd like to call a ten minute recess and perhaps give an opportunity for anything new that might come within that ten minutes, but because I can call a recess, I'm going to call a recess. Ten minutes. (Recess.) De Weerd: Okay. I will go ahead and -- I know there is a lot of discussions going on, but -- okay. I will go ahead and ask if there is any new information. Meridian City Council August 22, 2006 Page 56 of 81 Canning: Madam Mayor, Members of the Council, I guess the discussion went like this -- I'll do it this way. ITD will probably not -- would not make a comment on anything that wasn't in the specific applications that are before you tonight. So, if we did, indeed, recommend some compromise, they would probably have to reapply have ITD act on that compromise. However, they did approve a right -in, right -out only immediately across the street, so -- for Gateway Marketplace. So, that may be a solution. The other thing that was talked about was to go ahead and approve the right -in for Sadie Creek Promenade. To have a temporary full access at the quarter mile mark for Bienville until such time that they had access through Sadie Creek Promenade property and, then, it would become right -in, right -out. I had concerns about that. We had this discussion at Gateway Marketplace hearings about these temporary access points, knowing when will that be constructed. If all the development occurs before Sadie Creek, then, there is no mechanism for actually getting those improvements done to regulate that right -in, right - out only, because, otherwise, it's just going to be an un -- kind of an unstructured access there to -- that won't direct people in the place they need to go. So, I have been leery about the temporary access points and how we get those finally approved in past hearings and I still voice my concerns about that. Sometimes ITD, by them building the median, would solve that problem. In this case I don't believe it would, because they are constructing it for u -turn access at the corner mile. So, unless there is some physical barrier to folks entering the Bienville Square property to prevent the left -in, it may -- the problem won't be taken care of by ITD putting in barriers -- or medians is I guess the point. So, I do have concerns about any temporary full access and how and when and where and why that goes away. Why we know. How and when. So, those -- that was the only alternative that was raised to me during the break. De Weerd: Okay. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know about the other two, but this is one councilman that is ready to make a decision and get down the road and let ITD tell us whether we are right, wrong or indifferent. De Weerd: I'm certainly willing to write a letter. Bird: I think -- Madam Mayor? De Weerd: Yes. Bird: Follow up on that. I think if we don't make a decision one way or the other, right, wrong, or indifferent, it's -- they are not going to -- they are just going to throw it back at us. They are waiting -- they have -- they have waited all along for us to make a decision before they make a decision, so I don't believe we need to keep these two developers hanging in the wind any longer. And I know that time probably isn't very essentially to Meridian City Council August 22, 2006 Page 57 of 81 them, but time is dollars in construction, so I -- I'm for going ahead and making a decision. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree we need a decision tonight from my perspective as well. I think with regards to the specific comments and ITD and Meridian, the decision and our roll here with regards to what takes place on -- at least Sadie Creek right now is open and Bienville, as we heard before, and do what's best for Meridian and we will make our decision accordingly and ITD will get it and deal with it and if they don't like it, then, they can come back and if they do, then, they deal with it. I agree with Councilman Bird that the chicken or the egg doesn't help anybody, doesn't solve anything, it just costs the developers time and money, which we are very sensitive to, so -- Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: My comments and remarks to this particular project and, then, from what I have heard, first and foremost -- and I'm sure the other Council members are as well -- I'm extremely sensitive and appreciative of the comments and different hats that everyone wears when we talk about this particular project from homeowners whose concerns are traffic and not necessarily the development of the property. Developers who might be concerned about a development foremost. Brokers or agents who might be concerned about the greatest commercial value. There is a great mix in our roll as well and on Council to try and control access to these roadways. I think Lieutenant Overton's remarks were particularly important when we talk about a variance and has indicated prior instances where we try and review something like this, of the varying standards, one of the three primary elements that we focus on is whether or not the variance would be detrimental to the public health, safety and welfare and of the three that's one in particular that I think Lieutenant Overton's remarks were very important and made an impression upon me. I think with regard to Sadie Creek -- and legal counsel stop me if I should speak only to Sadie Creek, is that -- Nary: Councilmember Borton, yeah, at this juncture that's the only matter in front of you is Sadie Creek and the hearing is still open, so -- Borton: I want to -- while the hearing is still open, make a remark to Sadie Creek on the right -in only access. I know in other instances there was reference, I think -- Tamara, you might have made a comment about your ability to perhaps provide temporary access. In this particular project does a temporary right -in, just for discussion purposes, is that feasible, temporary meaning until something else happens. And I'm just -- as Anna talked about a concern about how you would ever manage a temporary access, what I'm getting at is would be temporary until some additional potential access upon Eagle Road is available for your project to utilize? Meridian City Council • August 22, 2006 Page 58 of 81 Thompson: Madam Mayor, Councilman Borton, like I said before, I think it depends on what that other anomaly is that would close it. If it's another access between that and 880 feet, I think that's something that would be a yes. But, again, if it's at the quarter mile point I think a half mile -- you know, quarter mile there and quarter back is too far for convenience for retailers. Borton: Okay. Thompson: But to answer your question on how -- logistically how do you take care of temporary, you know, the only thing I have seen is bonds and most surety bonds are pretty hard to collect on. So, cash bonds is what I have -- what I have done in other jurisdictions. Borton: Okay. De Weerd: Okay. Did you have anything further? Borton: Not at this time, I guess. De Weerd: Okay. Council, we have an open Public Hearing on Item 17. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more public testimony, I move that we close VAR 06-017. Wardle: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, I guess in the motion to continue Item 16 it was -- through clarification it would be before a decision is made on Item 17. 1 believe we still have an open Public Hearing on Item 16. Is there any additional information needed? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we close the Public Hearing on Item 16. Borton: Second. Meridian City Council August 22, 2006 Page 59 of 81 De Weerd: Okay. I have a motion and a second to close 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: For purposes of discussion I will open up with my thoughts on Item 16 and, certainly, that when we made our prior decision on this application to deny access, evidence was presented that there was certain access to Ustick Road and the property was not landlocked. Obviously, we have heard this evening that that is not the case and certainly it is, in my opinion, our need to provide access to that property probably for Eagle Road. The question that I have is really one that is what is best for the community, how to -- how to achieve that request, along with staying within our goals as a community to move traffic and keep safety and so I have heard both applicants on application 16 and application 17 discuss the potential to share an access. We have heard some testimony that the transportation department may or may not accept that and I think that we have talked about the fact that we need to make a decision and to move forward from there. I would be in favor of granting an access which would be shared and no more than 880 feet from intersection of Eagle and Ustick Road for these two properties. I'll put that up for discussion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In addition to I guess some of my remarks in the prior hearing and dovetail on what Councilman Wardle has said, I agree -- I agree with, again, the role that we have to play, weighing these competing interests. I think from my perspective providing access to this Bienville project with a right -in, right -out, I think that the temporary access issues create problems. I think it -- as we have discussed it's going to be, eventually, a right -in, right -out. Again, what Lieutenant Overton talked about with left turns and the safety hazards of that particular movement on Eagle Road makes, I quite frankly know that from experience, as everyone in the room does, when you try and make a left turn across Eagle Road, it is uniquely different. My suggestion and preference in this particular project and applaud both projects, their cooperation in the past and their future cooperation, they know they are going to have to work together to make this corner successful. But I agree with Councilman Wardle -- I'm butchering his name tonight. Councilman Waddle -- that a right -in, right -out access at this particular 880 feet -- I think that's from center line -- it lines up with -- and that's not the reason why, but I think it does happen to line up with the Gateway across the street to provide access to the parcel and hopes that both projects as they develop and flourish will utilize it. I'm mindful of the concerns of the residents and the fear that people might turn right and, then, right, it's most likely a reality. I don't discount that whatsoever. But I know you, Meridian City Council August 22, 2006 Page 60 of 81 too, also were mindful of the challenges of a City Council that has to weight competing interests and continued growth and development. Every Tuesday we hear very valid concerns and discussions with growth and development in any particular project in anyplace, in any fashion always creates traffic, which always creates more potential traffic hazard than without development and I know we all understand that and we just try and manage as best we can. I see this to be the most reasonable middle ground to provide viable and valuable access to Bienville. So, that will be my preference. Bird: Madam Mayor? Nary: Madam -- oh, sorry. Bird: Go ahead. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council -- and I heard what Councilmember Borton said. My only concern from the city's standpoint is the issues that have been raised by Bienville and their -- and the way their land is situated, that -- although I agree with what you're saying about the temporariness and maybe the challenge in dealing with that, is that part of the testimony in front of you by Bienville's application is that they are landlocked and subject to the other property's development to allow full access and so if you only grant right -in, right -out, they will not have full access to Eagle Road and, therefore, all of the traffic has to head south and find it's way north in some other fashion until the other property develops and I think -- I think what Mrs. Canning had stated was, you know, that what the parties had talked about was at the point when there is the access to Ustick to allow that northern access, then, the right -in, right -out makes more practical sense. But I just am concerned from the city's perspective that if we only grant right -in, right -out, that you are limiting that access to the degree that that property still might be challenged in being able to be used at all, because of that and I don't know that you're not going to end up with this hearing back in front of you again saying that's still not going to work. I understand your concern, Councilmember Borton, about the temporariness, but I'm just -- I'm equally concerned that if you don't grant full access at least until the northern piece develops, that the Bienville is going to be back in front of you again with the same concerns that they are still subject to the other property's development, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Councilman Borton. I hate to give full access on Eagle Road, but in the same token, as Mr. Nary stated, they would be landlocked until the northern section is developed and gets them a way out of the -- onto Ustick. I guess at 880 feet, which is, you know, a little over an eighth of a mile from the center line of the intersection, I take it, is what you were suggesting, that gives us -- that gives you about halfway Meridian City Council • • August 22, 2006 Page 61 of 81 between there and Leslie. Leslie Drive is a full access drive and I'm sure there has been wrecks there. I don't know. I can't -- I hate to have a full access deal, but I hate to also landlock up the deal. I think the ideal thing is right -in and right -out, but until they get something to Ustick, there is no way I -- that I could landlock them that bad and I think if we -- I don't think full access is going to be used that much, to be truthful with you. I think you're looking at something like -- De Weerd: I guess Council -- and I would ask either Anna or Chief Anderson, but if there is only one access you will be limited with your building permits until a second access is available. Bird: That's right. De Weerd: And so just keep that in mind. I guess one of those -- this Council has kind of adhered to a mantra of maybe the Councilman that's not here, but we are not in any hurry. I think that there was an opportunity to address the concerns of Bienville in getting their access to Ustick and giving the access to Eagle in a form that doesn't compromise the surrounding neighbors. There is an opportunity there and I guess ad nauseam I just had to say that one more time and I appreciate that Council continues to put up with me. But, Anna, did you have a comment as well? Canning: Madam Mayor, Members of the Council, yes, I did have a comment. I think you have heard testimony, I'm just -- I'm afraid that Councilman -- or that counselor Nary's comments made it a little more confusing, because to do a full access at 880 we are pretty sure is not going to fly, so -- with ITD. So, with regard to a right -in, right -out, with -- by providing permanent access to this, we heard from the developer to the north that that right -in, right -out only location was probably sufficient to go ahead develop that northern property, so we are not hearing that we won't have that cross -access and so just -- it's all getting very confused and things are a moving target, certainly, but I just wanted to make that clarification as well. I understand Mr. Nary's concerns about not landlocking this parcel. But we have heard from the developer to the north that right -in, right -out only is an acceptable alternative for her to move forward with developing that property. Nary: Madam Mayor? De Weerd: Mr. Nary, I guess the question to my left is can we be having this discussion when the Public Hearing is closed? Nary: All you're asking about is options and so at this point, yeah, all you have asked of staff are what potential options do you have. De Weerd: Okay. Nary: If you're going to concern as to whether -- and it's my error. When I was listening to the testimony or the staff report about the compromise that -- it talked about right -ins, Meridian City Council August 22, 2006 Page 62 of 81 0 but the question wasn't to Bienville, if -- can you only live with a right -in from this point forward. If you're comfortable that that was what Bienville was agreeing to, then, that's up to you. I mean that's -- that's your decision. If you feel that's what they have agreed to -- if it isn't they'll tell you, they will ask you to reconsider it and you will have it again. So, I mean if that's what it was. My only concern -- my only concern is that there is access and that it is not landlocking this parcel. If you're comfortable that they were agreeable to that compromise and the compromise was right -in, right -out only from this point forward, not temporary and not contingent upon some other access, that's your folks' decision. Again, if Bienville doesn't agree with that, they ask to reconsider it. I do think it was stated pretty clearly by Mrs. Thompson they were agreeable to that. So, if that's your recollection that's perfectly fine. De Weerd: Okay. Nary: Less muddy? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: One additional question of staff. Anna, you have stated ITD's policy on full access. Permanent full access. Do they have any sort of a policy regarding temporary nature of access? Canning: Members of the Council, Councilmember Wardle, I can't state from policy. I was just reiterating what the applicant had said earlier. So, perhaps temporary is okay. I don't know. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a motion. Madam Mayor, I move that we approve Item 16, VAR 06-018, to approve a temporary full access no greater 880 feet from the center line of the intersection of Ustick and Eagle Road. The temporary nature of the access being that the access to Eagle Road becomes right -in, right -out when public street access to Ustick Road is available. De Weerd: Okay. I have a motion. Do I have a second? Borton: I'll second, Madam Mayor, with some discussion and perhaps clarification. The motion mentions full access. I take it that did not intend left -out access. Was it left -in only? Am I muddying the distinction? Full access, as I heard from the public testimony, meant all directions. Meridian City Council August 22, 2006 Page 63 of 81 De Weerd: Okay. Any further discussion? Bird: Call for the question. De Weerd: Okay. Mr. Berg, will you call roll. to Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 17. Wardle: Madam Mayor, question for legal counsel. We heard testimony from the applicant on Item 17 that a shared access, which was approved in our previous motion, would be sufficient for them if it were no less than 880 feet, which the motion included. What sort of action do we need to take on Item 17? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, I suggest if -- I suggest you make the same motion. I mean you have the ability to grant under a variance if you feel the Findings are available -- or can be made, whatever is reasonable in light of those Findings, that you can make the same motion if you wish. De Weerd: Okay. I guess -- I know I said we are on Item 17, but on Item 16 do we have a clear understanding of when that temporary is lifted? Is that -- was the part of the discussion that that is when there is access to the north? Canning: It was stated as public street access. De Weerd: Okay. Wardle: Madam Mayor, public street access to Ustick Road from the parcel. De Weerd: Okay. Okay. Sorry. I just needed clarification. Okay. Item 17. Canning: Madam Mayor? De Weerd: Yes. Canning: I think the applicant is willing to withdraw that application, if Council would like that option open as well. De Weerd: Okay. Okay. Council, I guess there would need to be a motion to accept withdrawal. Meridian City Council August 22, 2006 Page 64 of 81 Nary: Madam Mayor, for the purpose, since it's not a hearing, for purposes of that you might want to have Mrs. Thompson put that on the record. De Weerd: Okay. Thompson: Madam Mayor, Members of the Council, we will withdraw our application. De Weerd: If you will just, first, state your name for the record. Thompson: Tamara Thompson, Landmark Development Group, 1882 Taluka Way, Boise. 83712. Nary: Madam Mayor? I'm sorry. Before Mrs. Thompson does that -- I hate to be so legal about stuff, but there is a concern, of course, that you have all discussed on whether ITD will grant that. Thompson: Well, yeah, that's -- Nary: And if they don't, then, the Council may want to reconsider their action. If you withdraw this application, then, you'd have to start all over. What you may want to do is continue this for a month, you will get those Findings and decision and order within three weeks and if you continue this matter -- if ITD denies this access request or it appears that that may happen or something, then, you could at least keep this alive. You still have to notice up a hearing, you still have to do that if you're going to hear it, but you wouldn't be starting over. And maybe it's not as complicated as that from the planning side, I'd just hate for them to withdraw it and, then, ITD denies it and, then, they are just starting over again. So, that might be more preferable to -- De Weerd: And that was free advice. Thompson: I like it. I like it. Nary: It's worth what you paid, but it certainly might make it easier. Thompson: Mr. Nary is thinking clearer than I am at this point. Yes, we would -- I think postponing it or continuing it for a month to see where we are going. De Weerd: We do appreciate your offer and, then, would ask Council to continue this item. Just one more thing on Item 16 is, chief, we do limit the number of building permits until there is a second access; is that correct? Anderson: Yes. We would do that on the residential portion and on the commercial stuff at the front we would not allow them to get a building permit, because they can't provide two access points. Meridian City Council August 22, 2006 Page 65 of 81 De Weerd: Okay. Thank you for that clarification. Okay. Council, the applicant on Item 17 has asked for a continuation. Do I have a motion? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we continue Item 17 to September 26th. Bird: Second. De Weerd: Okay. There is a motion to continue this to September 26th on Item 17. All those in favor say aye. All ayes. motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Berg: Madam Mayor, just a clarification. We are really just tabling a decision on this application, not to get mixed up with continued public hearings or tabling -- De Weerd: That's correct. Berg: Okay. De Weerd: I guess at that point, depending on what we hear back from ITD, we may need to open the Public Hearing or not. Okay. Berg: Thank you. Item 18: Public Hearing: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: Item 19: Public Hearing: PP 06-028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: Item 20: Public Hearing: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi- family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: De Weerd: Okay. Items 18, 19 and 20 -- and I am sorry I kept going back and forth to Item 16. 1 just wanted to let the neighbors know what was happening next. Meridian City Council August 22, 2006 Page 66 of 81 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Bird: On 18, 19 and 20, we received a letter today from Pamela Ferry that represents a trust that is involved with these two properties -- with properties between these two properties, I believe, and according to her there is -- they were not notified or something. I don't know. And I'm sure that somebody within that got -- got a letter. De Weerd: It is a part of the public record. We will let the applicant, if they received a copy of that, and see also if staff has had an opportunity to preview that as well. I will open the public hearings on Items 18, 19 and 20 for AZ 06-028, PP 06-028, and CUP 06-021. We welcome Councilman Rountree back. And I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Touchstone project and you do have a letter before you from Pamela Ferry. I did give the applicant a copy of the letter when she arrived at the hearing and we have briefly discussed it. It is not a new issue, so it is one we are familiar with and I think we can shed some light on as my discussion -- or my presentation continues. De Weerd: Okay. Thank you, Anna. Canning: The project is located on the south side of Fairview Avenue across from North Jericho Road. It's approximately 1,300 feet west of Locust Grove Road. Excuse me. The application includes annexation, zoning, preliminary plat -- it's a two lot plat. And Conditional Use Permit for a multi -family development. And the need for the plat was generated by the fact that they are connecting a public roadway through the property. So, this is accessed primarily from a public roadway. The applicant is requesting annexation and zoning of 4.43 acres to R-15. They are asking for preliminary plat approval of two multi -family building lots with two common lots and, then, conditional use approval for 48 multi -family dwellings. These are contained within six eight-plex units -- or six buildings, each of those buildings has eight dwelling units within it. Approximately 10.8 percent of the site is being set aside for open space. And, Will, you just really can't see anything. Sorry. De Weerd: Where do we order these light bulbs? Siberia? Canning: Thank you, Mr. Clerk. The two lots as shown here are here in this -- the road comes in and kind of makes an L with a dog leg, so this is one lot and this is the second lot for the preliminary plat. I'm going to zoom in -- I have cut off the portion going out to Jericho Road, so that you can see this a little better. It's really a subjective term tonight. What you have here are -- these are the structures -- there is one, two, three, four, five and six. These other things that look like structures are garages and carports. So, there are -- they might all be garages. There are a number of other structures -- they Meridian City Council August 22, 2006 Page 67 of 81 are garages. Yes. Excuse me. Then here is the road coming through the property. The landscape plan -- you can see the open areas. They kind of create a common open area here at the center of most of the units. This one building on the south side of the road -- you can see the open space on either side of it. With regard to how it relates to the neighbors, they have used the garages to kind of muffle the noise and to provide that transition into the property, so you see those on the perimeter of the site. The two properties to the north are shown as commercial. The Comprehensive Plan designation for this property is commercial. However, the commercial designation of the Comprehensive Plan allows for multi -family development. So, the R-15 zoning is consistent with the commercial designation on the property. The drive aisles -- you come in, they loop and connect back to the public street. This one is a smaller loop. It completes it there. Staff has recommended a development agreement. The unusual or not usual, anyway, portions of that development agreement would be that -- that only multi -family development and allowed accessory uses in the R-15 zone would be allowed on the property. That there be a maximum of 48 units constructed on the site and that a street buffer be installed along Fairview Avenue prior to occupancy of any new dwelling units. And that cross -access to and from the North Jericho Way be provided to the parcel to the west for future development along Fairview Avenue. That's this property here. And they have shown a cross -access location, an easement from Jericho Road to that property. We do have elevations and the applicant has some boards that will provide a much better look of this today. If you will note that they look very different from our multi -family four-plexes that we usually see. There are a number of materials here and different -- again, the applicant has some better elevations. They are three stories, that's why the applicant moved them interior to the property to get them away from the property lines of the surrounding property owners. Wow. You really can't see that one today. This is the -- the Planning Commission did recommend approval at their July 20th, 2006, hearing. Jeff Mack and Sabrina Whitehead spoke in favor of the application. Greg Bastabin spoke in opposition. And Caralee Blough and Marinda Williams commented on the application. The key issues of discussion by the Commission were the proposed height of the buildings and the residential condominiums. These are proposed to be condominiums for the units, not -- well, they are just proposed to be condominium units. Key Commission changes to staffs initial recommendation is they did require six foot high solid fencing along the perimeter of the property lines. The outstanding issues before the City Council are the property dispute brought up by Pamela Ferry and, then, just as far as accommodating that dispute as far as getting legal descriptions of the proposed annexation. Staff has met with the applicant several times on this issue. Some of the previous annexation applications are in dispute by these property owners as well. Mrs. Ferry represents the property owners of this -- the property kind of -- the middle property let's call it for the sake of this discussion and there were previous annexations that they allege took portions of their property, so the annexation description matches and completes what's missing. This is kind of -- this is a large part of the missing link along Fairview here. So, the annexation description would include that, but, then, there is still this question about what the proper lines are. To summarize, the root of the problem was that probably one came from the east and one came from the west and there ended up being a discrepancy and where this discrepancy hit was right in these properties. So, you have deed lines and Meridian City Council August 22, 2006 Page 68 of 81 the deed lines don't reflect where the fence lines were. What I think is -- further confuses this issue is that the property owners entered a private agreement to resolve these issues prior to any development occurring and that's what Mrs. Ferry is commenting on with regard to her letter. What it boils down to is this area here is in dispute, as well as a portion of this area also. If you look at the plan for that area, you will see it's the roadway coming in and, then, down below it's a couple parking lot spaces right there. So, those are kind of the two contentious areas. The discrepancy seems to be -- wait a minute. I'm going the wrong way. Sorry about that. Regarding ten feet along here. As the applicant currently has the road coming -- shown coming into the property, it is ten feet from the property line, the green line. So, basically, the road as shown would sit right on the red line. ACHD has said they need to shift it three feet further west, so -- but what could occur and what often happens is that an applicant will build -- and Mr. Inselman can correct me if I'm wrong -- an applicant will build most of the roadway, ACHD will let this property owner -- in this case the middle property owner build the sidewalk on that side to complete those road improvements. So, they could certainly get the half plus 12. They could even get the full travel lane, but they would just be missing sufficient area to get the five foot sidewalk. And that's if this property owner disputes those ten feet or wins in that dispute, then, they would be gaining ten feet of land that they had to build five feet of sidewalk on. So, there seems to be a lot of reason for this middle property owner to want work with the current property owners to resolve this issue. It's really in their best interest, because these folks don't need that five feet of sidewalk necessarily or the other five feet on the other side of it, they are just going to landscape it and it will be there, where the middle property owner would have that available for their five feet of perimeter landscaping for their parking lot or for their -- their landscaping adjacent to the roadway. So, it's really in the best interest of the middle property. De Weerd: Anna, I guess I have a question. Canning: Yeah. De Weerd: Do we have a legal description? Canning: We do currently. Yes. De Weerd: And it's in -- this is in conflict, is that what I understand? Canning: Yeah. These red lines represent kind of the conflict areas. I guess where staff is going is -- it's not fully resolved yet, but when -- when there seems to be an advantage to the folks to resolve this -- a mutual advantage, which there clearly is in this case, if they don't -- it would be a win to this property -- to the middle property owner for this property owner to develop the full roadway and they are wanting to develop this as commercial property. They are not saying that they want it to stay residential or anything like that. So, actually, the fellow that has the property to the west tied up also an agreement to develop this property. It's moving forward very slowly, but -- Meridian City Council • • August 22, 2006 Page 69 of 81 De Weerd: Okay. I guess my question is since we have a legal description, is this of concern to us? Canning: It is to Mrs. Ferry. I mean there is some question about -- there is an unresolved property dispute here. De Weerd: And can you move forward with this application with that dispute? Canning: I feel they can, because I feel it's in the best interest of all the property owners to resolve it, even if it means these folks -- especially if it means these folks end up building the entrance road and access to their property. So, I don't -- in other cases where it is clearly somebody is disadvantaged by the property dispute, Council has said, you know, you can't do this last plat -- Windsong is a perfect example. You can't do these last five lots until you resolve this property dispute. Those are difficult in that there is never any incentive for the person that may not really have a valid case to resolve it, because it's in their best interest to keep that 15 feet of land or whatever it is. But it's not necessarily in the best interest of these folks to maintain ownership of that ten feet, because, then, they'd have to develop it. So, I think you could move forward. You could condition it on these -- them revolving it. I think they will come to a resolution, because I think it's in the best interest of all the property owners that this project move forward. That's what I was trying to get at and I guess I was just going too slow. Sorry. De Weerd: I just thought I'd help you along. Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: While you're having questions in -- part of your information, I -- I have problems annexing something that is in -- having disputes over legal lines. As the famous old saying goes, I'm not that anxious to annex something like that and get ourselves in the middle of a deal. I'm sure the county has some records on this and I don't believe they have probably wanted to do anything with it, so we are going to get in the middle of it. I'd prefer not to. I'd sooner see them come in with a clear legal description than a clouded one. Canning: Madam Mayor? To further complicate issues, this property to the west has been annexed and this is one of the disputed boundaries. So, to resolve this question all three properties need to be in the same entity and currently it's the center -- I can't remember if the centerpiece is annexed currently. No. So, really, the only way to resolve the property boundary adjustment is to do an application with an entity. It already can't be in the county, because this property doesn't -- isn't already annexed to the city. Bird: The other one isn't? Meridian City Council August 22, 2006 Page 70 of 81 Canning: The middle one is not. Bird: Then, the one to the west isn't either. Canning: That's the subject application. Bird: That's the application right now. Canning: Right. Bird: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. • Nary: And I don't know if this helps Councilmember Bird's concerns, but the city has annexed property -- applications before where there have been some boundary disputes. I mean there is two issues of concern. I mean, obviously, they raise this issue and I think, as Mrs. Canning stated, the city can condition their final approval on getting those issues resolved. I guess I would caution on taking a position that just because there is a dispute you will invite people to simply raise a dispute that may or may not have any legitimacy just to derail some other consensual annexation and I don't think that's what you would want to encourage to do. And, again, we have done it before where people have been required to clear this up and it's -- the burden is on the applicant to do that. It may or may not happen. But legally it's -- I think to go back to the Mayor's question, I mean legally you have the right to agree to consensually annex all the property owned by the applicant and if the adjustment has to be made because they don't own five feet that they thought they owned, you can adjust that, but we can fix that. The other issue that the attorney, Mrs. Ferry, has raised is notice and it appears at least from the city's perspective that notice was properly done. The property was posted, proper legal notice in the paper was done. They were -- appeared to have been mailed notice, which they are on the mailing list, they have been mailed notice and the applicant has certified that they have done all the posting and everything they needed to do. You know, you certainly -- if someone -- if someone showed up at the last minute or sent a letter saying even though you think I got notice I didn't and I'd like some time to formulate a response, we certainly have considered that. So, I would just ask that you at least take that into some consideration in your decision on whether you want to go forward tonight, but you certainly want to hear from the applicant, I understand, but that's something at least to consider as you ponder this one. Canning: Madam Mayor, Members of the Council, I did speak with Ms. Ferry at 5:00 o'clock and I had told her that in the past Council has put conditions on it, saying that this needs to be -- this issue needs to be resolved. She was, actually, pretty comfortable with that. She just wants the issue resolved is all. And I think that she Meridian City Council August 22, 2006 Page 71 of 81 could see that there was some benefit and she just wanted to the make sure Council was aware of those concerns. but -- Nary: A reasonable attorney. De Weerd: Councilman Wardle? Wardle: Madam Mayor, thank you. I have two just quick comments. One, the planning director said that, you know, she's made a determination that this may or may not -- this wouldn't affect -- adversely affect the property owner. I'm a little bit uncomfortable in a matter of a legal description making that determination from our perspective. The one thing that I can say is -- and I have heard staff say -- one of the issues in question is where the potential sidewalk would be. We are considering a family development and we are going to have pedestrian traffic, I would -- my preference would be if we could wait just a little bit of time to resolve that issue and hear the application with that issue resolved, that would be my preference. De Weerd: Yes, Anna. Canning: Madam Mayor, as long as -- as long as the resolution could just be an agreement with the property owners, because, again, all three of them need to get in the same jurisdiction before we can completely resolve it. But the ultimate resolution is a property boundary adjustment and that is physically impossible right now, so -- Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If I can clarify my comments. We have had a -- we have had a memo from one of the property owners asking for some additional time. I didn't see in there that we needed recorded -- I think it can be resolved very quickly. I'm not looking to hold this application up any farther; I just -- in my opinion I need to have that issue -- at least some sort of comment or initial resolution. Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: My follow-up question would be what would be a reasonable amount of time for that action to take place? Canning: I get the feeling that reasonable for Ms. Ferry is a hard thing. So, I would say at least a month, probably. But you can ask -- the applicant might have a better estimate. De Weerd: We can ask the applicant. Are you done with your comments, Anna? Canning: Yes. Meridian City Council August 22, 2006 Page 72 of 81 0 De Weerd: Okay. Would the applicant like to come forward? It's always a challenge to listen through our questions when you have the answer; right? Whitehead: Absolutely. Good evening. I know it's a long evening. For the record, Sabrina Whitehead, Briggs Engineering. Office address 1800 West Overland Road, Boise, Idaho. 83705. 1 just want to clarify the Public Hearing will still continue and we can still have comments; is that correct? Okay. I'm going to put my elevations up real quick. Wardle: Madam Mayor? De Weerd: Yes. Wardle: If I could maybe -- I think maybe we misunderstood the applicant. What we were looking for is comment on -- or what I specifically am looking for is comment on the matter of the legal boundary in question before we hear your presentation, your application to make a decision. Whitehead: And that's fine. I will personally want to defer that to the developer. This has been going on for years and I think that he can better explain the time line and what has been going on, so -- Mack: I'm Jeff Mack from Horizon Development. This matter has been going on for probably the last year. I optioned this property October in 2004. The previous month -- I would say in the last three months we have had two meetings called with Mrs. Ferry. The first one she -- the first one we called. We had a conference call with her, she kept the meetings short due to she had another appointment. Called the meeting for the following week. Everything went to Dick Morup's office, our attorney, and she was a no show to the meeting. We have heard nothing since from her and my attorney has sent letters contacting her about this so we can get the thing resolved. What Anna was showing up here, we are not encroaching on her property at all. There was a -- I believe it was an 18 foot property line dispute from a fence line agreement back in the '40s. So, what we have done, we have brought it back the 18 feet so we could proceed forward and over in this southwest corner here our plat is to the west of that property line. So, we are not encroaching on her property at all. That's why we feel we can continue to move forward with this matter. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: So, the dotted line is the -- is the actual legal description that you put in? Mack: Correct. Meridian City Council is 0 August 22, 2006 Page 73 of 81 Bird: And that is the disputed line with her? Mack: Yes. And we have given everything that she's asked for and there was 18 feet from this fence line agreement from right here. It was a -- I believe it was 86 feet from -- there was a pin out here over, which it should have came from here -- no. From here over, which now is from here over. And we have given the 18 feet back, which would adjust the property line to the west of us and shift all properties back. We have complied with every request from Pamela Ferry. De Weerd: Did that answer your question? Wardle: Madam Mayor -- and I guess I -- just my time on the Council I haven't necessarily felt that it's our role to address property line disputes or be the legal body that decides those, understanding that we hear from this applicant that they have been working with this for a period of time, I would wonder if two weeks -- I'm looking at our September 5th schedule. It's doesn't look too onerous. If that would be enough time to allow at least comment or -- that would be my preference. Certainly, Council, if you'd like something else. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree that continuing it makes sense to me. I guess also from the perspective that, as Mr. Nary said, we can go forward an annex whatever it is they own to be determined, but I don't know if that necessarily speeds up the process at all for the applicant, to complete an annexation. We still have -- and the applicant still has to wait to resolve that boundary line dispute before any development can occur anyway. So, it seems to be sixes. Which maybe makes sense to me that to continue it, try and get that resolved, with the understanding that that -- that's a hurdle that's going to stall this project indefinitely, I guess -- unfortunately, too. I feel for you in the delays. It doesn't seem to be any benefit to you to have an annexation go forward right now. I am concerned, all things being equal, that we set it out far enough for -- to have an opportunity to get this resolved once and for all. Mack: Okay. De Weerd: Okay. Council, anything else? Canning: Madam Mayor, I know it's late, but was the applicant -- did Council not want the applicant to make a presentation on the project? Are you going to consider that at a later date? Because if you're going to ask for changes it would certainly -- they could be working on it at the same time they are working on this property boundary dispute. De Weerd: Council, what would be your preference? Meridian City Council August 22, 2006 Page 74 of 81 Borton: Madam Mayor? De Weerd: Mr. Borton. 0 Borton: It makes sense to me, Anna, I think that all things considered, unless the applicant would just like to wait -- I don't know. If we hear it, we hear everything now and it will probably be fine. If you wait a month, then, we will probably gripe about something and wish we would have said it earlier, so -- that's my thought, would be to -- De Weerd: Well, thank you for your thought, Councilman Borton. Rountree: Madam Mayor that would be my thought as well. Let's -- they are here, we are here, let's do it. Bird: Let's do it. De Weerd: Thank you. We won't put that time on your time. Whitehead: Thank you. Madam Mayor, Members of the Council. Again, Sabrina Whitehead, 1800 West Overland Road, Boise, Idaho. 83705. And tonight, as you know, I'm in front of you concerning annexation and zoning, preliminary plat for the road, as well as a Conditional Use Permit to a 48 unit multi -family development, which is going to be called Touchstone Place. The current zoning is R-1 M within Ada County and we are requesting a zoning of R-15. We personally feel that this is a great location to have medium density for -- we are not -- more appropriate location than to be located adjacent to commercial, as well as to Fairview Road to the north. The subject property down -- is located from the south is medium residential of R-8. We feel that R-15 would be a logical transition from single family residences to adjacent commercial and to Fairview Road. As staff has commented on page five of the staff report, they think there is a strong argument for saying that the policy set forth in the Comprehensive Plan supports the multi -family residential use on the site. Now, while the Comprehensive Plan supports the multi -family for this area, I would like to note that this is -- while it is a multi -family development, this development is going to be a condominium. Therefore, leaving the development owned by individual homeowners, instead of renters. By having the development retained as condos, it is also going to help allow the City of Meridian to offer to its citizens a wider variety of housing options, instead of offering their traditional home with a yard and garage, you're offering your citizens a lifestyle that will be affable to more -- other people, not just the traditional families. Our development is also offering open green space, with meandering walking trails, community clubhouse, bike racks, playgrounds, designated barbecue park areas to allow the residents a quality of life that the City of Meridian wants to offer to its citizens. Now, I'd like to note the developer has taken great time and consideration with this layout, as well as the private quality of the buildings themselves. Originally the developer was planning on having two story four-plexes that would have been placed along the perimeter of the subject property. On January 5th, 2006, we conducted our first neighborhood meeting. The concerns were the following: One, having the buildings so Meridian City Council August 22, 2006 Page 75 of 81 close to their own homes. Two, wanting a solid six foot privacy fence. Caralee Blough requested nonwood, because it distorts. She's wanting Ito see the fencing to be solid and help protect and secure her dogs. And, three, landscaping around the perimeter of the fence, also offering additional mitigation for buffering. The developer took all these concerns into consideration and went back to the drawing board. He revised the layout to provide a landscape buffer, garages, service drives, placing the homes a total of 62 feet from the existing residences. In order to accommodate these changes the four- plexes were converted into four story condo units. However, the condo units adjacent to Stonehenge was modified to be three stories to help insure the privacy of the residents. On April 6 we held another neighborhood meeting with the revised layout and received favorable responses from the neighbors. The layout that we showed them offers two and three bedroom units, which will have their own two car detached garage. This development is also offering diverse architectural characteristics, as Anna has pointed out, and as I'm hoping that our color elevations show that there is a wide variety of building materials, sloped roofs, and a variety of -- that allows this development to have character and multi dimension. Now, not only does this development offer a variety of housing options, but we have ten percent of 1the site is dedicated to open space, which shows the open common area meandering walking trails and we also will be having a clubhouse, which I brought an elevation of as well. Just to basically summarize, we feel that this is going to be a quality development and it's going to -- personally, I find it is really exciting, I think it will really diversify Meridian's housing options and we have reviewed and agree with the recommended conditions and I thank you for your time and consideration. I just want to know if we do defer this a month out, I have a feeling it's going to be deferred again. I don't know how hard it's going to be to get an exact date to work with Mrs. Ferry on her concerns, since they have been working over a year right now. So, I'm kind of cautious. We can try to -- my hope is to have it situated by a city council date and, obviously, it hadn't been. So, I'm just kind of -- I'm cautious of putting an extra date on it and not being able to achieve clarification by then. De Weerd: The Council can continue it to a date certain. Whitehead: Okay. De Weerd; If it is not resolved by that time, we just need an update and we can take appropriate action. Whitehead: Okay. De Weerd: Council, do you have any questions for Sabrina? Bird: I have none. De Weerd: Okay. Thank you. I do have one other person signed up for the project. Candy Seeley. Meridian City Council August 22, 2006 Page 76 of 81 • Seeley: Hi, Madam Mayor, Council people. Candy Seeley. 1035 East Fairview, Meridian. I just wanted to say I'm in favor of the project, but I believe that the developer actually worked really well with us and took into account the different people's concerns that they had about -- regarding the placement of them and the line of sight into their backyards and stuff and it seemed to work out fine after he did revisions, which he actually listened to the people and went back and did revisions, which was really nice, and I just wanted to let you guys know I thought he did a good job. Thank you. De Weerd: Thank you. Okay. Is there any further testimony on this application? Canning: Madam Mayor, I forgot to mention in my discussion that there was an amended comment sheet from Mr. Silva via e-mail yesterday and it did ask for the westerly drive to be widened from 25 to 26 feet, but it did remove the requirement for a third access point, so we will make those changes accordingly. And the applicant just stated that she believes she's already amended that drive aisle width. De Weerd: Okay. Okay. So, I guess, Mr. Nary, the appropriate action would be to continue this, if Council desires in regard to the legality of the legal description. Nary: Madam Mayor, Members of the Council, yes, it's probably that specific -- that specific reason to bring it back, so that you're not going to re -listen to all the testimony, but just information regarding this boundary dispute, if that's what your desire is, so -- De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just for the record, I, for one, am not particularly fond of the letter that Mrs. Ferry sent and I would hope that between now and this next hearing not only that Mrs. Ferry be sent the minutes, but I'm sure the applicant would clearly let her know of this new hearing date, but the allegations in this letter are completely opposite of what we are being told here today and I would hope that the representations in this letter don't cause -- unfairly cause undue delay to the applicant. I'm sympathetic to that and the tone in this letter with regard to there being absolutely zero -- what is the phrase? There has been no response and no attempt to resolve these problems, is the exact opposite of what we are hearing today from the applicant and so that's a concern to me and just wanted that put on the record. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would concur with Councilman Borton and I also -- whatever date we set it for, that will be the date, unless it's something besides a lot line adjustment that we would Meridian City Council • August 22, 2006 Page 77 of 81 continue it. It's going -- in my opinion, will be decided and if she wants to be here, she can be here. If she isn't, she isn't. De Weerd: Okay. I guess I would ask staff as well to make sure they know of the date when this is continued to, so we take away that argument. Okay. Council, I would entertain a motion to continue these three public hearings. Borton: Madam Mayor? De Weerd: Yes. Borton: I would move we continue Items 18, 19 and 20 to Tuesday, September 26th. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue these there items, 18 through 20, to September 26th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: MI 06-005 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-038 and concurrent files PFP 03-007 & CUP 03-071) by removing a provision requiring all future uses on the site to be approved through the Conditional Use Permit process for Mussell Corner Subdivision by Brian Holleran — Northeast corner of Victory Road and Meridian Road: De Weerd: Okay. Item 21 has been requested to continue to September 5th. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue MI -- Public Hearing MI 06-005 until September 5th, 2006. Rountree: Second. De Weerd: Okay. The motion is to continue Item 21 until September 5th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 22: Ordinance No. 06-1237A : Amendment to Ordinance No. 06- 1237: AZ 06-010 Request for Annexation and Zoning of 11.50 acres from Meridian City Council • August 22, 2006 Page 78 of 81 RUT to a R-4 and R-2 zones for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: Item 23: Ordinance No. 06-1252 : AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low - Density Residential) for Cabella Creek Subdivision by ATM Development, LLC — northeast corner of East Victory Road and South Mesa Way: Item 24: Ordinance No. 06-1253 : 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: Item 25: Ordinance No. 06-1254 : AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Keego Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: De Weerd: Items 22, 23, 24, 25 and 26 are ordinances 06-1237A, 06-1252, 06-1253, 06-1254 and 06-1255. Mr. Bird. Bird: Madam Mayor? De Weerd: Yes. Bird: Before you -- can we read up to 25 and, then, pass on them and, then, do 26 by itself, because this is the first of three readings. We can't do it by suspension of rules. De Weerd: That's correct. Bird: Is that okay with you? De Weerd: Uh-huh. I'm just going to ask him to first read these by title only and, then, you can take the appropriate action. Okay. Mr. Berg. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1237A, an amended ordinance 06-1237 for annexation of property located in the southeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 and R-2 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 Meridian City Council August 22, 2006 Page 79 of 81 0 by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1252, an ordinance for annexation of property being lots three, four, five and six of Block 1, Kachina Estates, located in a portion of the southeast quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1253, an ordinance for annexation of property located in a portion of the west half of the northeast quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-15 and C -G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1253, an ordinance for annexation of property located in the west half of the northwest quarter of Section 27, 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-8 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: And that's those. Bird: Madam Mayor? De Weerd: I'm sorry, I thought you read just to 1253 and so I was -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird: Meridian City Council August 22, 2006 Page 80 of 81 0 Bird: I move we approve Ordinances 06-1237A, 06-1252, 06-1253, 06-1254 and 06-1 -- no. Berg: No. No. Bird: Five four. Stop there. With suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Items 22 through 25. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 26: Ordinance No. 06-1255 1st of 3 Readings of Amendment to Impact Fee Ordinance: De Weerd: Thank you. Item 26. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1255. Okay. An ordinance to amend the municipal code of the City of Meridian, County of Ada, state of Idaho, by retaining existing Title 10, Chapter 7, Meridian City Code, and by adopting a new Chapter 10 -- or Title 10, Chapter 7, Meridian Code, to be known as the Meridian Impact Fee Ordinance to provide for the imposition, computation and payment of a police impact fee, a fire impact fee, and a parks and recreation impact fee on future developments, providing authority, intent, and definitions, providing for the establishment of separate impact fee funds for each of such fees, providing for exemptions, refunds, credits, and waivers with respect to such impact fees, providing general provisions, applications and appeal and providing for conflict, severability, and effective date. De Weerd: Thank you. You have heard this item read by title only. It will be on our next two agendas for additional reading and no action is needed at this time. Item 27: Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Item 27 is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 22, 2006 Page 81 of 81 Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: Okay. I have a motion to adjourn into Executive Session. Mr. Berg, will you call role. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. De Weerd: Do I have a second? Borton: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: Okay, all those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 11:49 P.M. (TAPE ON FILE OF T�QEEDINGS) MAYOR AMM DE WEEPof p�`"�""''���,,s�s�, a w`\ � BOAo i 8 ATT TE .� ILS 1P wI 0 / /41 /cid DATE APPROVED G. BERG JR., CITY August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of May 16, 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. 0 August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 Is AZ 06-015 APPLICANT Farwest, LLC ITEM NO. S -B REQUEST Findings for Approval — Request for Annexation and Zoning of 182.60 acres to R-8, TN -R, and C -N zones for Tanana Valley Subdhdslon — southeast comer of Meridian Road and Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See allached Findings Contacted: ` `-1 Date: ?LAI No Phone: Emailed: S- Q - StAff Initials: J� Materials press ed at public me.#Mp shall become properly of the City of M ddian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER � RECEIVED AUG 1 1 2006 City O Meridian t F ` rk Office C�V6 IMP/ �F�? , In the Matter of Annexation and Zoning of 192.26 acres from RUT (Ada County) to R-8 (Medium Density Residential)(177.90 acres), TN -R (Traditional Neighborhood- Residential)(10.42 acres) and C -N (Neighborhood Business)(3.94 acres), AND Preliminary Plat approval of 548 single-family residential lots,1 commercial lot,1 school lot, and 20 common lots on 177.94 acres in proposed R-8, TN -R and C -N zones, for Tanana Valley Subdivision, by Farwest, LLC. Case No(s).: AZ -06-015 and PP -06-013 For the City Council Hearing Date of: July 11 and August 8, 2006 (Findings approved on August 22, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-015 / PP -06-013 - PAGE I of 4 • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 March 7, 2006, revised on May 21, 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 11, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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). AZ -06-015 / PP -06-013 - PAGE 2 of 4 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 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-015 / PP -06-013 - PAGE 3 of 4 11 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: • 2Z day of VOTED_P`— VOTED_% VOTED_,� VOTED_ ffl t. VOTED MAYOR de WEERD OF 0 E, '1L _ WILLIAM G. BERG, JR., TTY CLERK Copy served upon: _ " Applicants°°°''>r,,,,oi ✓ Planning Departm9ent` ✓' Public Works Department _y/ City Attorney By Dated: $-a4-OU i y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-015 / PP -06-013 - PAGE 4 of 4 CITY OF MERIDIAN PLAN► DEPARTMENT STAFF REPORT FOR THE H46G DATE OF JULY 11, 2006 STAFF REPORT Hearing Date: 7/11/2006 (approved on 8-8-06) TO: Mayor & City Council ,x^' FROM: C. Caleb Hood �'.,; IDAHO Current Planning Manager"fr$� Meridian Planning Department 208-884-5533 SUBJECT: Tanana Valley Subdivision AZ -06-015 Annexation and Zoning of 192.26 acres to R-8 (Medium Density Residential)(177.90 acres), TN -R (Traditional Neighborhood- Residential)(10.42 acres) and C -N (Neighborhood Business)(3.94 acres). PP -06-013 Preliminary Plat approval of 548 single-family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 177.94 acres in proposed R-8, TN -R and C -N zones. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Farwest, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium - Density Residential), TN -R (Traditional Neighborhood -Residential), and C -N (Neighborhood Business) for 182.60 acres of property currently zoned RUT in Ada County. The site is located on the southeast corner of Victory Road and Meridian Road. Currently, there is a single-family home and associated outbuildings on this site. The majority of this site is currently being used for agricultural purposes. The existing home is to remain on site, on a proposed lot. The site is composed of four tax parcels and has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Tanana Valley Subdivision (AZ -06-015 and PP -06-013) with the conditions listed in Exhibit B of the Staff Resort. The Meridian Planning and Zoning Commission heard the item on June 1St 2006 At the public hearing they moved to recommend approval. NOTE: Since the original submittal, the applicant has submitted a revised preliminary Plat that reflects most of the Planning Staff and Commission's recommendations The Commission voted to recommend approval of this revised plat Also as Staff requested the applicant has acquired the property for Rumple Lane A maiority of the area currently being used for Rumple Lane, a private street, will be dedicated to ACHD with the platting of this property. With the addition of the Rumple Lane property, no additional property owners he within the 300 - foot radius requirement for receiving notice of the development; no buildible lots have been added to this project The revised preliminary plat and updated legal descriptions for this project have been scanned into the Staff Report for the hearing date of July 11th 2006 a. Summary of Comission Public Hearing: i. In favor: Justin Martin ii. In opposition: Lorelie Smith, Russell Cheney, Mert Logue, Lisa Sullivan Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 11, 2006 iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole, Ted Baird b. Key Issues of Discussion by Commission: i. Dedication of school lot and improvements being made to said lot with this development (e.g. — construction, or not constructing landscape street buffer); ii. Construction of pedestrian path along the out parcel on Meridian Road; iii. Types of housing products proposed; iv. Anticipated uses in the C -N zoned lot; and, v. Expected build -out date. c. Key Commission Changes to Staff Recommendation: i. Recommend approval of the modified preliminary plat; ii. Granted the applicant's request to delay construction of the landscaping around the school lot and the commercial lot, until they develop; and, iii. Accepted the applicant's proposal to construct a pool, construct a pathway adjacent to the out parcel on Meridian Road, and maintain a maximum of 548 single-family lots on this property. d. Outstanding Issue(s) for City Council: i. Prior to the City Council hearing the applicant was going to approach the owner of the out parcel on Meridian Road to see if that owner would allow the am)hcant to construct a pedestrian pathway along the frontage of their property Staff recommends that the Council get an update from the applicant as to any discussions the applicant may have had with the owner of the out parcel 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move approve File Numbers AZ -06- 015 and PP -06-013 as presented in staff report for the hearing date of July 11, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -015 and PP -06-013 as presented during the hearing of July 11, 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 -06-015 and PP -06-013 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: Southeast corner of Victory and Meridian Road (SH 69) in Section 30 Township 3 North Range 1 West b. Owner: Justin Martin 4487 N. Dresden Place, Ste. 102 Garden City, ID 83714 Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE II&ING DATE OF JULY 11, 2006 c. Applicant: Farwest, LLC 4487 N. Dresden Place, Ste. 102 Garden City, ID 83714 d. Representative: Ben Thomas, Briggs Engineering, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Land Use Designation: Medium Density Residential & Mixed Use - Neighborhood g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 182.60 acres to TN -R, R-8 and C -N and Preliminary Plat approval of 548 single-family buildable lots, 1 school lot, 1 commercial lot, and 20 common lots. The average lot size in the development is 8,750 square feet. The gross density of the project is 3.09 dwelling units per acre. About 24 acres (13.5%) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 3/7/06 2. Date of landscape plan (attached in Exhibit A): 1/19/06 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: May 15th and 29th, 2006 (for Planning & Zoning Commission hearing), and June 19th and July 3`d, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: May 12th, 2006 (for Planning & Zoning Commission hearing), and June 16th, 2006 (for City Council hearing) e. Applicant posted notice on site by: May 22'hd, 2006 (for Planning & Zoning Commission hearing), and July 1st, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is a single-family home and some associated outbuildings on this site. The existing home is to remain. b. Description of Character of Surrounding Area: This area contains a mix of uses. To the north, across Victory Road are a commercial nursery and other commercial businesses and single-family homes in Observation Point Subdivision. To the south and east are recently approved subdivisions in the City. To the west, across Meridian Road, are large parcels and single-family homes in the County. This section is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family homes within Observation Point Subdivision, zoned R-4; Commercial nursery, convenience store and feed store, zoned C -G Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 11, 2006 2. East: Grange Hall, zoned RI (Ada County); Single-family homes within Tuscany Village Subdivision, zoned R-8 3. South: Approved Sicily Subdivision, zoned R-8; approved Reflection Ridge Subdivision, zoned R-8; Storage facilities; zoned RUT (Ada County) 4. West: Single-family homes and agriculture on large parcels, zoned RUT & R6 (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There are existing mains in Tuscany Village and a private lift station that flows to observation point. Location of water: There are existing mains in E. Victory Road. Issues or concerns: The need for an "Off -Peak Pumping" station. Redundancy concerns for the new high zone. Sewer trunk routing. 2. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant should cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards: The Ridenbaugh Canal is deep and wide and could be hazardous to children. 6. Proposed Zoning: R-8, TN -R and C -N 7. Size of Property: 182.60 acres 8. Description of Use: Single-family, alternative school site, and future commercial f. Subdivision Plat Information: 1. Residential Lots: 548 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 20 5. Other Lots: 0 6. Total Lots: 570 7. Gross Density: g. Landscaping 2 (1 school lot and 1 commercial lot) 550 3.09 units per acre (net density is 4.09 d.u./acre) 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25 -foot wide landscape buffer is required adjacent to arterial streets. Victory Road and Meridian Road (SH 69) Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H416G DATE OF JULY 11, 2006 are both classified arterial roadways. Meridian Road is designated as an entryway corridor; a 35 -foot wide landscape buffer is required. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: Per UDC (Table 11-2B-3) a 20 -foot wide landscape buffer is required between C -N zoned property and residentially zoned property. A 20 -foot wide landscape buffer should be provided along the western boundary of the proposed C -N lot (Lot 2, Block 1) 3. Percentage of site as open space: 13.51/o/24.05 acres 4. Other landscaping standards: Landscaping adjacent to multiuse pathways and micropaths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Amenities: Open space and pathways i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad between access and garage. j. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, two public streets are shown to intersect Victory Road, and one public street is shown to intersect Meridian Road. However, the applicant has stated that the eastern most access to Victory Road will not be constructed. The ACHD is requiring that Standing Timber Way be constructed as a residential collector, with no front -on housing. All of the other internal streets are proposed local streets with 33 -foot wide street sections (measured back of curb to back of curb) and contain 4 -foot wide detached sidewalks. There are two blocks in the center of the project that propose access to the units from the alley. The applicant is proposing to provide stub streets to the previously approved Sicily Subdivision to the south, Reflection Ridge to the east, and one to the Grange Hall. Staff is generally supportive of the proposed street system (see Analysis below). ACHD's conditions are included in Exhibit B of the Staff Report. 7. COMMENTS MEETING On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" and "Mixed Use — Neighborhood" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The purpose of the mixed use designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park and ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (see Page 95 of the Comprehensive Plan.) This property is also designated for a Neighborhood Center on the Comprehensive Plan Future Land Use Map. Some of the key concepts of a Neighborhood Center include: short blocks, commercial area located at the %i mile and not at the arterial intersection, schools located mid - Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 5 CITY OF MERIDIAN PLAN*i DEPARTMENT STAFF REPORT FOR THE HAIIING DATE OF JULY 11, 2006 section, interconnected circulation that is convenient for automobiles, pedestrians, and transit, variety of housing choice, housing arranged in a radiating pattern of lessening densities, residents can access neighborhood commercial services without being forced onto arterial streets, facilitates more efficient transportation along arterials, grid street pattern, connects and integrates with the larger street and pathway system, providing public open spaces. Staff believes that these concepts are already designed into the project, or have been conditioned by staff. Staff believes that this project generally complies with the Neighborhood Center 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 III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- 0 anner.• Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 6 CITY OF MERIDIAN PLANNIM DEPARTMENT STAFF REPORT FOR THE HIOG DATE OF JULY 11, 2006 The submitted preliminaryplat proposes to extend two stub streets provided to this property from previously approved subdivisions. In addition, a stub street is being proposed to the eastern parcel (Grange Hall) currently zoned in Ada County R1, which staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. NOTE: The location of the Nyack Avenue stub street does not appear to directly align with Caesar Avenue to the south. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall fence along Meridian Road. No other fencing is shown on the submitted landscape plan. Prior to house construction, fencing should be constructed around the perimeter of this site. 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 four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct a micro path so the lots in the northern portion of this development have easy access to the proposed park area. Staff is generally supportive of the proposed pedestrian connections to the adjacent properties. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. To promote better connectivity, staff is recommending that additional micro paths be provided to tie into the multi -use pathway along the Ridenbaugh Canal. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. In accordance with the Comprehensive Plan and ACBD's standards, the applicant is proposing public street access to Victory Road and Meridian Road. To ensure that the out parcels surrounded by this development have access to local streets, staff is recommending that access be provided from the subject property. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 7 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE H>OG DATE OF JULY 11, 2006 The applicant is proposing residential zoning for most of the property. Staff finds that the existing single-family residential properties to the north, south, east and west, as well as the Grange Hall to the east are compatible with the proposed development. Staff believes that the proposed development generally complies with the Comprehensive Plan. Stafffinds that the proposed density, land uses and zoning for this property are consistent with the goals and objectives of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: The Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 and TN -R zoning districts. There are several principally permitted, accessory and conditional uses allowed in the C -N zoning district. b. Purpose Statement of Zone: • R-8 Medium -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 -R Traditional Neighborhood Residential: The purpose of the TN -R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN -R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN -R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R District should be generally located: adjacent to a TN -C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. • C -N Neighborhood Commercial: 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. General Standards: UDC 11-2D-6 — The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following are the standards approved by the City Council for TN -R developments (see Analysis Section 10 below for additional standards). DIMENSIONAL STANDARDS TNA Minimum density DU*/acre) 8 net Maximum density 15 net Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 8 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 DIMENSIONAL STANDARDS,,TN-R` Minimum front setback for alley accessed properties' (in feet) 10 for street accessed properties' (in feet) 20 to garage 10 to living area Minimum rear setback for alley accessed properties' (in feet) 20 to garage if alley width 16 feet 18 feet to garage if alley width 20 feet for street accessed properties' in feet 12 Minimum side setback (in feet) Property lines adjoining unattached walls 5 Property lines adjoining attached walls2 0 Minimum side street setbacks in feet Alley 10 Local street 10 Collector for alley accessed ro erties 3,4 13:8 parkway with Class II trees and 5' sidewalk Collector for street accessed ro erties 3,5 20:8 parkway with Class II trees and 5' sidewalk Street landscape buffer in feet Local3 8 parkway with Class II trees Collector for alley accessed ro erties 3,4 13:8 parkway with Class II trees and 5' sidewalk Collector for street accessed ro erties 3,5 20:8 parkway with Class II trees and 5' sidewalk Arterial 25 Entryway corridor 35 Interstate 50 Maximum height to eave providing roof access in feet 30 Maximum building height in feet 40 *LiU= dwelling unit 'Measured from back of sidewalk and/or alley right-of-way as applicable. 20n any given property, there shall be no more than two property lines that have 0 -foot setbacks. 3Measured from back of curb. 4These are standards for properties where the front yard of the property adjoins the street landscape buffer and the units ' take access from an alley. SThese are standards for properties where the rear or side yard of the property adjoins the street landscape buffer. Lighting. In addition to the standards as set forth in Section 11-3A-11, the following standards shall apply within the TN -R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. Fencing: Rear yard of alley accessed properties and alley side yard properties: All fences within the required rear shall be open vision. Fences shall be setback a minimum of five -feet (5') from the alley (measured from property line). Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5) or greater. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8, TN -R and C -N zoning is appropriate for Tanana Valley Subdivision AZ-06-0151PP-06-013 PAGE 9 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 11, 2006 this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted by the applicant (stamped on May 3, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not ne atg ivelyiimpact nearby properties. Rumple Lane: Originally the area containing Rumple Lane was not part of the subject applications. It is staff's understanding that the applicant has subsequently acquired Rumple Lane. In order to facilitate a future public street extension to this property from Meridian Road, staff recommends that the applicant abandon Rumple Lane as an access to the public roadway system (Rumple may be used as a temporary emergency access if approved by the Fire Department.) Any interest that the subject properties have in Rumple Lane should be surrendered upon annexation. Further, prior to the City Council hearing on this project the applicant should submit new legal descriptions for this project that describe the parcel for Rumple Lane, AND submit new copies of a preliminary plat showing the revised location of Harris Street. Access to Arterials: Except for the public street accesses approved by ACHD, all other vehicular access to Meridian Road and Victory Road should be prohibited for this site. Multi -use Pathway: On the Comprehensive Plan Future Land Use Map, a multi- use pathway is depicted on this property. The applicant is proposing to construct the multi -use pathway on the south side of the Ridenbaugh Canal from the east property line to Meridian Road. Staff is generally supportive of the location of the pathway. Sidewalk: There are two out parcels that will create gaps in the sidewalk system along Victory Road and Meridian Road, once this property develops. This could become a hazard to pedestrians using the sidewalk facilities. Consistent with ACHD's Site Specific Condition #4, the applicant should construct sidewalk along the out parcel on Victory Road and adjacent to the out parcel on Meridian Road. Commercial Lot: Staff originally thought that a TN -C zone would be appropriate for a portion of this site. However, due to the close proximity of the planned commercial uses at Victory Greens, staff believes that it may not be appropriate in this case. Staff believes that the proposed C -N zoning for 3.94 acres of this site is also consistent with the Comprehensive Plan. However, no details of how this lot will/may develop have been submitted. Staff has concerns over the lack of a concept for this commercial area and is recommending that details be provided to Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 10 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 Staff and the Council prior to construction of any commercial buildings on this site. 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 Cfty Council a roval of the annexation request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That all future uses within the C -N area will comply with the schedule of use for the C -N zone in effect of the time of building permit submittal; that prior to issuance of any building permit within the C -N zoning area, a re -subdivision of the C -N lot be recorded, and that with the re- subdivision application, the applicant agrees to submit elevations for approval by the City Council; and that the construction of any subsequent structure(s) in this area shall be generally compatible in appearance and bulk with the Council approved pictures/elevations. • That the applicant agrees to construct and provide for the maintenance of a 20 -foot wide landscape buffer along the west side of the C -N zoned property, where it abuts residential zoning. • That the applicant agrees to annex the Rumple Lane property and include it within the boundary of the concurrent subdivision. • That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. • That one public street access will be allowed to Meridian Road, located mile south of Victory Road; direct lot access to Meridian Road shall be prohibited. Said public street access shall align with Harris Street, across Meridian Road, and use the public street stub/right-of-way provided from Reflection Ridge to the south. • That public street access will be allowed to Victory Road, as approved by ACHD; direct lot access to Victory Road shall be prohibited. • That the applicant should construct sidewalk adjacent to the out parcel Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 11 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 11, 2006 on Victory Road and adjacent to the out parcel on Meridian Road. NOTE: If the construction and easement for the pathway is not allowed in writing by the owner of the out parcel the applicant agrees to bond or provide another city -approved method for providing assurance that the pathway improvements in that area are constructed when the out parcel redevelops. • That the applicant agrees to construct a multi -use pathway through this site from the southeast corner of the property to Meridian Road. • That the City has accepted the applicant's proposal to construct a pool within this development. 0 That a maximum of 548 single-family lots shall be platted on this ro e • That the applicant agrees to provide commercial design, buil in massing and construction materials for this development as proposed during the public hearings on July 11. 2006 and August 8 2006. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Below are specific considerations and changes that should be made to the submitted preliminary plat. Ditches. Laterals. and Canals: The Ridenbaugh Canal and the Kennedy Lateral traverse through this site. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. Pressure Irrigation:_ The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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 MCC 12-13-8 and MCC 9-1-28. Fencinc. Except for along Meridian Road, the applicant is not proposing to construct fencing within the development. UDC 11 -3A -7A7 requires the developer to construct fencing adjacent to micro -paths to distinguish common from private areas. All fencing adjacent to micropaths and internal common lots should be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence. Further, staff recommends that an open -vision fence (or a 4 -foot tall closed fence) be installed along the buildable lots that are adjacent to the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 12 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A- 7. Multi -use Pathway: The applicant is proposing to construct the multi -use pathway that is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 10 -feet wide along the entire length of the property. Staff is supportive of the proposal to construct the multi -use pathway as depicted. However, staff has concerns with fencing and landscaping adjacent to the pathway. City Code 11-3B-12 requires a 5 -foot wide landscape buffer along the pathway. The submitted landscape plan depicts only a couple of feet of sod and no trees directly adjacent to the south side of the pathway. Staff recommends that the applicant be required to construct a 5 -foot wide landscape buffer (including trees) along the south side of the multi -use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) Micropaths: The applicant is proposing to construct some micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different subdivision blocks. However, staff is recommending that additional micropaths be provided. UDC 11 -6C -3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection. Block 8 exceeds the maximum block length without a pedestrian connection. The applicant is not proposing to provide any micropath connections to the multi -use pathway along the Ridenbaugh Canal. Staff is recommending that a micro -path be added near the bulb -out in Block 1 (near Lots 76 and 77) and between Lots 7 and 8, Block 12. To enhance pedestrian access to the future school site on Lot 41, Block 20, a pedestrian connection from Rising Sub Street to Pistioa Street should also be provided. This micropath should be located in general alignment with Nyack Avenue/Caesar Avenue. In the Comprehensive Plan, neighborhood centers are supposed to have commercial uses that are geared towards pedestrian access. The proposed C -N zoned lot does not provide a good relationship to the residential uses surrounding it. Therefore, staff recommends that the applicant provide a pedestrian connection from Thunder River Avenue to the proposed commercial Lot 2, Block 1. This micro -path shall be located approximately between Lots 7 and 9, Block 1. All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (UDC 11-3B-12). Detached Sidewalks: The applicant is proposing to construct 4 -foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with a 5 - foot wide (varies) landscape strip. In accordance with the recently passed ACHD planter width standards and UDC 11 -3A -17E, the width of the planter strip should be constructed 8 -feet wide and include Class II trees OR 6 -feet wide with root barrier around the trees, if the parkway is being counted towards the open space requirement. Common Areas: Maintenance of all common areas shall be the responsibility of the Tanana Valley Home Owners' Association. Landscaping_ The landscape plan prepared by Harvest Design, on 1-19-06, labeled Sheets #LS -1 through LS4 is approved with the following modifications/notes: • Construct a minimum 25 -foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot), exclusive of ACHD right- of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 13 CITY OF MERIDIAN PLANN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 • Construct a minimum 35 -foot wide street buffer along the entire length of Meridian Road, exclusive of TTD right-of-way. The applicant shall provide a landscape design in Lot 1, Block 1 and Lot 111, Block 1, consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11 -3H -D. (Berming at a 2:1 slope is not approved.) • Per UDC 11-3B-9 and UDC Table 11-2B-3, construct a minimum 20 -foot wide landscape buffer on the west side of Lot 2, Block 1. • In accordance with the submittal, set aside at least 11% of the site for useable open space. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5 -foot wide landscape strip on both sides of all micropaths, and the Parks Department required multi -use pathway, and construct trees at a rate of 1 tree per ever 35 linear feet. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Meridian Road via a private lane. Except for the proposed and approved public streets, direct lot access to Meridian Road and Victory Road should be prohibited; place a note on the final plat. The applicant should abandon any vehicular access interest this property has in the private lane to Meridian Road. Staff recommends that prior to signature of the final plat by the City Engineer, the applicant be required to submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private lane (coordinate the drafting of this document with the City's Legal Department.) NOTE: Several of the neighbors in this area have expressed concern over the lack of entrances into this development. Staff believes that the concerns from the adjacent neighbors are due to the main entrance of Tanana aligning with the entrance to Observation Point and funneling all of the traffic to a single intersection. Staff is typically supportive of limiting access points to classified roadways. Staff recommends that the Commission and Council determine if another public street, and not just a secondary emergency access be provided to this site from Victory Road (please see Secondary Access below). SecondM Access: The Police and Fire Departments have concern over the lack of secondary emergency access into the northwest portion of this development. There are more than 50 homes that are being served on a single access. The Police and Fire Department recommend that secondary/emergency access be provided to this site from Victory Road, in general alignment with Swan Creek Avenue. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 14 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 11, 2006 Stub Streets: There are four stubs streets provided to this property from the adjacent developments. Staff recommends that all of the stub streets be extended. Staff has concerns about the extension of the public street stub from Reflection Ridge at Rumple Lane. The submitted preliminary plat does not show the extension of this street into the subject property and continuing out to Meridian Road. Staff recommends that this street be extended into the site, and that Lots 1 and 2, Block 11, be designed so they are not double -fronted lots. Coordinate the design of the Harris Street/Reflection Ridge Street intersection with ACHD staff. The applicant should be required to extend the other public stub streets as proposed. There are two out parcels that are surrounded by the subject development. One of the out parcels is on Victory Road, the other is on Meridian Road. Both of these out parcels currently take direct access to the adjacent arterial roadway. To allow for access to these parcels to be provided from a local road, staff recommends that Pola Lake Court be extended as a stub street to Parcel No. 51130233652 and that public street access be provided to Parcel No. S1130120800 by extending Tahoe Street where Lots 20, 21 and 22, Block 20 currently are. NOTE: Providing access to Parcel S 1130120800 may cause the applicant to lose a lot in that area. Development Along State Hi ways: UDC 11-3H-1 is intended to achieve three purposes: 1) 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, 2) to preserve right-of-way for future highway expansions, and 3) design new residential development along state highways to mitigate noise impacts associated with such roadways. Staff believes that the applicant has met the purposes mentioned above. The applicant should obtain an access permit from ITD for the Harris Street access. The applicant should construct a 10 -foot wide multiuse pathway with a public use easement along Meridian Road. In accordance with UDC 11 -3H -4D, the applicant should construct noise abatement along Meridian Road. Flag Lots/Common Drives: UDC 11-2A-3 requires street frontage for 2 properties sharing a common drive to be 15 feet and street frontage for 3 or 4 properties sharing a common drive to be 10 feet. Lots 10 and 11, Block 17, shall have at least 15 -feet of frontage and share a common drive and Lots 12-15, Block 1, Lots 23-26, Block 12, Lots 7-9, Block 20 and Lots 19-21, Block 20, shall have at least 10 -feet of frontage and share a common drives. When a common drive is being used, UDC 11-6C-3137 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common drive easement or property lines, whichever is more restrictive. 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 drive should not count towards the required parking pad area. Allem The applicant is proposing to construct two alleys in this development. The UDC requires the following for alleys: a. Alleys shall have a minimum of sixteen feet (16') of paving. b. All alleys shall serve as fire lanes. c. All alleys shall be concrete or asphalt with a concrete ribbon curb. d. The entrance to the alley from the public street shall provide a mini twenty-eight foot (28') inside and forty-eight foot (48') outside turning Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 15 CITY OF MERIDIAN PLANN* DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 11, 2006 radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. e. Alleys shall be designed so that the entire length is visible from a public street. TN -R Lots: All TN -R zoned lots shall comply with the recently adopted standards for the TN -R zone, including: the dimensional standards/setbacks, all dwelling units shall have a minimum of two lights at the front of the unit and all dwelling units on alley access properties shall have a minimum of two lights along the alley, operated by photocell. All fencing should comply with UDC 11 -3A -7C. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 015 and PP -06-013, with the conditions listed in Exhibit B of the Staff Report for the hearing date of June 1, 2006. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subiect applications with the modified Conditions listed in Exhibit B. 11. EXHOITS A. Drawings 1. Preliminary Plat (dated: 3-7-06 REVISED 5-21-06) 2. Landscape Plan (dated: 1-19-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Idaho Transportation Department 10. Nampa & Meridian Irrigation District C. Updated Legal Description D. Required Findings from Unified Development Code Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 16 CITY OF MERIDIAN PLANO DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 11, 2006 A. Drawings 1. Preliminary Plat (dated: 3-7-06 REVISED 5-21-06) sc � 'a e `eg a M # p ry9 lit Exhibit A — Page I CITY OF MERIDIAN PLANO DEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 11, 2006 I Pi fit Ifi alai e, ®a...1.El Exhibit A — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 11, 2006 � ol �s w:a`�o'�.m� ivae ievMevw p ABil3fhtQ64S AMA $ �yy ® 9s9if7MMiOBW , dl k � P R: tl� Exhibit A — Page 3 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 11, 2006 _ :.... +d0 1 — a � E3PiPa �.w...®.�.� YYiTd 3t"td i9VNiiit Exhibit A — Page 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 Landscape Plan (dated 1-19-06)) Exhibit A — Page 5 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE SONG DATE OF JULY 11, 2006 17'W 14 • N0,61AJCEM'. Nm mwmnA 5 Exhibit A — Page 6 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE B&G DATE OF JULY 11, 2006 Exhibit A — Page 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE FIWG DATE OF JULY 11, 2006 W -oda. lVrW -WVX qj t - NOMA102M m "I -pl, i Exhibit A — Page 8 CITY OF MERIDIAN PLANIO DEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-013) 1.1.1 The preliminary plat labeled as Sheet 1 - 4, prepared by Briggs Engineering, Inc., dated March 7, 2006, revised on May 21, 2006, is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-015) application shall also be considered conditions of the Preliminary Plat (PP -06-013). The applicant shall comply with the provisions listed in the recorded Development Agreement with the City (see Section 10.a.1 of the Staff Report). 1.1.2 The landscape plan prepared by Harvest Design, on 1-19-06, labeled Sheets #LS -1 through LS -4 is approved with the following modifications/notes: • Construct a minimum 25 -foot wide street buffer along the entire length of Victory Road Ad'acent to the school lot the applicant shall install 5 -foot wide sidewalk an provide the easement for landscaping. The School District will be responsible for the construction of the landscaping when the lot develops), exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Construct a minimum 35 -foot wide street buffer along the entire length of Meridian Road, exclusive of TTD right-of-way. The applicant shall provide a landscape design in Lot 1, Block 1 and Lot 111, Block 1, consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11 -3H -D. (Berming at a 2:1 slope is not approved.) • Per UDC 11-3B-9 and UDC Table '11-2B-3, construct a minimum 20 -foot wide landscape buffer on the west side of Lot 2, Block 1. Provide said easement with the recordation of the final plat, and construct the landscaping when the commercial lot develops (prior to occupancy of anv commercial building). • In accordance with the submittal, set aside at least 11 % of the site for useable open space. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed micropaths, and the Parks Department required multi -use pathway, and construct trees at a rate of 1 tree per ever 35 linear feet. If the Nampa -Meridian Irrigation District does not allow trees to be planted between the Pathway and the too of bank of the Ridenbaugh Canal, the applicant should not be required to install trees. • 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). Exhibit B — Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 1.1.3 Construct fencing adjacent to micro -paths to distinguish common from private areas. All fencing adjacent to micropaths and internal common lots should be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence. Construct an open -vision fence (or a 4 -foot tall closed fence) along the buildable lots that are adjacent to the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 124-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. 1.1.4 Construct a 10 -foot wide asphalt multi -use pathway along the south side of the Ridenbaugh Canal, from the eastern boundary to Meridian Road. Construct a 5 -foot wide landscape buffer (including trees) along the south side of the multi -use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) The multi -use pathway shall be constructed in accordance with the Meridian Park Department's requirements. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 1.1.5 Provide a micro -path connecting Squaw Valley Avenue and Soda Springs Avenue through Block 8. Provide a micro -path near the bulb -out in Block 1 (near Lots 76 and 77) and between Lots 7 and 8, Block 12. To enhance pedestrian access to the future school site on Lot 41, Block 20, a pedestrian connection from Rising Sub Street to Pistioa Street shall also be provided. This micro - path shall be located in general alignment with Nyack Avenue/Caesar Avenue. Provide a pedestrian connection from Thunder River Avenue to the proposed commercial Lot 2, Block 1. This micro -path shall be located approximately between Lots 7 and 9, Block 1. All micro -paths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path. 1.1.6 Construct 4 -foot wide detached sidewalks along all of the internal streets. Detached sidewalks shall be separated from the curb by at least 5 feet of landscaping (sod or groundcover). Or if the parkway is being counted towards the open space calculation, they should be widened to 8 feet and includes Class H trees OR be 6 -feet wide with root barrier around the trees. 1.1.7 Place a note on the face of the final plat that prohibits direct lot access to Victory Road and Meridian Road. Access to Lot 2, Block 1, is approved as shown on the preliminary plat labeled Sheet 1-4, dated March 7, 2006, revised on May 21, 2006. 1.1.8 The applicant shall abandon any vehicular access interest this property has in the private lane (Rumple Lane) to Meridian Road. Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private lane (coordinate the drafting of this document with the City's Legal Department.) 1.1.9 Provide secondary/emergency access to the northwest portion of this development from Victory Road, in general alignment with Swan Creek Avenue. 1.1.10 Extend the stub street from Reflection Ridge, at the south property line, into the subject property and out to Meridian Road. Lots 1 and 2, Block 11, shall be reconfigured so they are not double - fronted. Coordinate the design of the Harris Street/Reflection Ridge Street intersection with ACHD staff. The applicant shall extend the other public stub streets as proposed. Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 1.1.11 Extend Pola Lake Court as a stub street to Parcel No. S1130233652. Extend Tahoe Street as a public stub street to Parcel No. S1130120800. Extend Snow Pass Street (not Mesa Avenue) to Parcel No. S 1130120700, as proposed. 1.1.12 The applicant shall obtain an access permit from ITD for the Harris Street access. The applicant shall construct a 10 -foot wide multiuse pathway with a public use easement along Meridian Road. The applicant shall construct noise abatement along Meridian Road, in accordance with UDC 11- 3H -4D. 1.1.13 Lots 10 and 11, Block 17, shall have at least 15 -feet of frontage and share a common drive, and Lots 12-15, Block 1, Lots 23-26, Block 12, Lots 7-9, Block 20 and Lots 19-21, Block 20, shall have at least 10 -feet of frontage and share common drives. The common drive easements shall be depicted and explained on the face of the final plat; building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11 -6C -3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on the lots mentioned above, on the face of the final plat. In accordance with UDC 11-3C-6, provide each single-family detached dwelling with a two -car garage and a 20' x 20' parking pad between the garage face and the common driveway (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. 1.1.14 Access to the lots in Block 21 and 22 shall be from the alley, and not the adjacent public street. All alleys shall have a minimum of sixteen feet of paving. All alleys shall serve as fire lanes. All alleys shall be concrete or asphalt with a concrete ribbon curb. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. Alleys shall be designed so that the entire length is visible from a public street. 1.1.15 All TN -R zoned lots shall comply with the recently adopted standards for the TN -R zone, including but not limited to: all dimensional standards/setbacks; all dwelling units shall have a minimum of two lights at the front of the unit and all dwelling units on alley access properties shall have a minimum of two lights along the alley, operated by photocell; and, all fencing shall comply with UDC 11 -3A -7C. 1.1.16 Maintenance of all common areas shall be the responsibility of the Tanana Valley Home Owners' Association. 1.1.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.18 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-013) 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). Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 This property is master planned to sewer to the Black Cat Trunk main, since they are proposing to temporarily sewer this development out of shed the applicant shall be responsible to install a temporary off -peals pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.2 The applicant is showing approximately 137 lots flowing to mains in Tuscany Village. The applicant shall be responsible to install a second off-peak pumping station in this location, or enlarge the wet well at the primary location to handle the effluent from Observation Point. The number of building permits allowed in this development will be directly proportional to the number of ERU's that are storable in the off peak pumping station. 2.3 An ongoing study of the Master Sewer Plan is being accomplished at this time. There may be a need to route a main line trunk through this project. Prior to construction plan submittal the applicant's engineer shall meet with Public Works to coordinate this routing in the construction plans. 2.4 The applicant shall install sewer mains to and through this project; 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. 2.5 Water service to this site is being proposed via extension of mains in Victory Road. The applicant shall be responsible to install water mains to and through this development which Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 includes a 12 -inch main in the frontage along Meridian Road, or as otherwise allowed by the Public Works Department; coordinate main size and routing with Public Works. 2.6 The applicant shall be required to install a flushing station along the Ridenbaugh Canal, design and location to be coordinated with the Public Works Department. The Public Works Department will work with Nampa -Meridian Irrigation District for approval of the flushing station. 2.7 Due to existing topography, this development will have two separate water pressure zones. The applicant shall be required to install pressure reducing vaults to ensure the separation between the two zones is not compromised. 2.8 A portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone are established. The first source would be from a 150' z 150' well lot which the developer would donate to the City of Meridian or a connection to the high zone being established in the development to the south. The second source would be a booster station which would be installed at the applicant's expense if a well or connection to the high zone being established in the development to the south is not available. The applicant shall coordinate with Len Grady at the Public Works Department regarding this condition and he may waive the requirement for one of the two sources if subsequent development warrants it. 2.9 Any potential water or sewer line 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. 2.10 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. 2.11 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. 2.12 If "stair step" grading of lots is constructed then the side lot lines shall be laid out as to allow for the sloped portion of the lot to be owned by the lower lot. 2.13 Any retaining walls greater than three -feet in height shall be engineered. 2.14 All existing structures not meeting setbacks or dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.15 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. 2.16 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. 2.17 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 - Exhibit B — Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 domestic purposes such as landscape irrigation. 2.18 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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. 2.24 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.25 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.26 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.27 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. 2.28 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. 2.29 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARSATE OF JANUARY 19, 2006 3.1.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.1.2 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. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works specifications. Fire Hydrants shall be placed on corners when spacing permits. Fire hydrants shall not have any vertical obstructions to outlets within 10'. Fire hydrants shall be place 18" above finish grade. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.1.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.1.6 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. 3.1.7 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. No parking will be allowed in cul-de-sac lots. 3.1.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.1.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.1.10 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. 3.1.11 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 %2 the diagonal measurement of the full development. The applicant shall provide a stub street/emergency access to north, in general alignment with Swan Creek Avenue. 3.1.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.1.13 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 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. Exhibit B — Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 3.1.14 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. 3.1.15 The proposed subdivision with an estimated 2.9 residents per household would have a total estimated population of 1,589 residents at build out. 3.1.16 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. 3.1.17 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.1.18 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. 3.1.19 There shall be a fire hydrant within 100' of all Fire Department connections. 4 Police Department 4.1 To increase emergency access to the site, the applicant shall provide a street to Victory Road from the property access by Sierra Meadows Drive. Prior to the next public hearing, the applicant shall submit a revised plat/site plan to reflect this requirement. 4.2 Lots 9 and 19, Block 20 and Lot 10, Block 17, create a residence that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. The applicant shall work with the Police Chief and/or Planning Staff so the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. Applicant has met with Lt. Stowe and aireed to adiust Lot 19, Block 20. Applicant is reauestim not to make any changes to Lot 9, Block 20 and Lot 10, Block 17. 4.3 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.4 Adequate lighting should be provided along all pathways. 4.5 A school site bordering Victory Road creates a safety concern. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Exhibit B — Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 5.3 Pathway and Trail standards: The applicant should be required to construct a 10 -foot wide multi- use pathway through this site to/from Meridian Road. The required pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. Ada County Highway District Site Specific Conditions of Approval 1. The City of Meridian, the applicant and ITD should work together to determine if additional right-of-way or improvements are necessary on Meridian Road (SH 69). 2. Dedicate a total of 48 -feet (or 38 -feet with the sidewalk in an easement) of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. Construct a 5 -foot detached concrete sidewalk abutting the site on Victory Road located a minimum of 41 -feet from the centerline of the roadway. If any portion of the sidewalk is located outside the public right-of-way, the applicant shall provide the District with an easement. 4. The District recommends that the applicant construct a 5 -foot concrete sidewalk across the two out -parcels along Victory Road on either side of the proposed school site. This sidewalk should either be constructed within the existing right-of-way or within an easement provided by the property owners. Construct an eastbound right turn lane and a westbound left turn lane on Victory Road into the site at the intersection with Standing Timber Way. Dedicate the additional right-of-way necessary for the turn lanes without compensation. The widening of Victory Road for the auxiliary turn lanes may necessitate the widening of the bridge west of the proposed entrance road. If the bridge widening is necessary to construct the pavement tapers required for the turn lanes the applicant shall be required to design and construct the bridge widening at that time. Construct the entrance road, Standing Timber Way (intersecting Victory) as a residential collector with vertical curb, gutter, and 5 -foot concrete sidewalk, from its intersection with Victory to its crossing of the Ridenbaugh Canal. The street should be constructed as a boulevard style with a 27 -foot wide islands and 21 -foot street sections on each side of the island. The center islands shall be owned and maintained by the homeowner's association. If any portion of the sidewalk is located outside of the public right-of-way, the applicant will be required to provide an easement. Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARWATE OF JANUARY 19, 2006 The applicant shall re -design the center island (to be no wider than 12 -feet) at the intersection of Standing Timber & Victory to allow for simultaneous left and right turns (eastbound and westbound) on Standing Timber Way. 7. Harris Street, entrance street intersecting Meridian Road, will be required to be constructed as a standard residential collector with a 36 -foot street section (vertical curb, gutter, and 5 -foot concrete sidewalks) from its intersection with Meridian Road to its intersection with the stub street being extended from Reflection Ridge Provide a road trust deposit with the District for one-half of the cost for the design and construction of the signal for the intersection of Harris Street and Meridian Road (SH 69). When the property on the west side of Meridian Road develops, the road trust deposit funds can be utilized to construct the signal at that time OR at the time when ITD approves a signal in that location. Design Harris Street to accommodate a future signal at the intersection with Meridian Road. 9. District staff recommends that the private lane, Rumpel Lane, be closed and/or incorporated into the new public street, Harris Street, and that all access be taken to the new public street. The City of Meridian and I TD should coordinate on the future closure of this roadway to ensure that only one street intersects Meridian Road at the half -mile. 10. Construct the internal local streets as 33 -foot street sections with rolled curb, gutter, 4 -foot detached concrete sidewalks within 50 -feet of right-of-way. Receive written approval from the Meridian Fire Department for the reduced street section OR construct the streets as standard 36 - foot street sections. 11. Construct two 20 -foot wide alleys in Block 21 & 22, as proposed. The alleys shall comply with the following policies: • Minimum right-of-way width is to be 16 -feet. • Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking 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. • An access to an alley shall be located a minimum of 25 -feet from the nearest public street. • A minimum of back -of -curb radius of 15 -feet is required at all alley intersections. 12. Extend a stub street from the east and from the south from within Tuscany Village Subdivision. 13. Extend a stub street from the east and from the south from within Reflection Ridge Subdivision, as identified on the revised site plan. 14. Construct a new stub street to the south and one to the east to the undeveloped parcel. Install a sign at the terminus of the roadways stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If the stub streets are greater than 150 -feet in length, provide a temporary turnaround at the terminus of the roadways. 15. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Standing Timber Way) for review and approval prior to the pre -construction meeting and plat approval. 16. Other than the access specifically approved with this application, direct lot access to Victory Road is prohibited and shall be noted on the final plat. Exhibit B — Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 17. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 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. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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. 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 Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 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. Idaho Transportation Department (see Letter dated March 27, 2006) 9.1 Provide a stub to the parcel (shown as "N.A.P.") which is located off of S. Meridian Road. 9.2 Provide noise abatement for Residential Development. 9.3 A permit will be required for any pedestrian walkways within ITD right-of-way. NOTE: City Staff has discussed LTD's comments regarding this project and they are agreeable to proceed with the project, with the provisions mentioned herein. 10. Nampa & Meridian Irrigation District 10.1 Applicant shall apply for a land use change application prior to final platting. 10.2 All laterals and waste ways must be protected. 10.3 The District's Ridenbaugh Canal and Kennedy Lateral course through this proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 10.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 10.5 The Developer must comply with Idaho Code 31-3805. 10.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 C. Undated Legal Description DESGRIIaMON FOR ANNEXAITON TO C17y OF MEMIAN PROPOSED TANANA VALLEYSIUSIDIVISM TONE R-8 M13Y 31, 20110 A PARCEL OF LAND BEING PORTIONS OF THE NORTHWEST 114 AND THE NORTHWEST V4 OF THE NORTHEAST 114 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE Ar]E WIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COAAAAENGING AT THE NORTHWEST CORNER OF SECTION 30, T. 3N., R. 1 E., s.m., ADA COUNTY, IDAHO. THE REAL POW OF BEGINNING OF THIS DESCRIPTION; THENCEALONG THE NORTH LIME OF THE MN 114 OF SAID SECTION 30 N 89°42'45° E 1594.25 FEET TO A POINT; THELE LEAVING SAID NORTH LINE S 00 17'1w E 707.80 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT 126.91 FEET, SAID CURVE HAVING A RADIUS OF 68250 FEET, A CENTRAL ANGLE OF 10°39'14", TANGENTS OF ftu FEET, AND A CHORD WHICH BEARS 5x'23`51" E 126.72 FEET TO A POINT OF TANGENCY; THENCE N 57°4328° E 50.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 321.47 FEET, SAID GURU HAVING A RADIUS OF 317.50 FIST, A CENTRAL ANGLE OF 58VW43", TANGENTS OF 178.04 FEET. AND A CHORD WHICH BEARS N 2r43'07" E 307.91 FEET TO A POINT (3F TANGENCY; THENCE N 011"1T15" W 33,3.00 FEET TO A POINT ON THE NORTH UNE OF SAID NW 114; THENCE N 89°4741" E 165.00 FEET TO A POINT; THENCE S 00°17^15" E 733.00 FEET TO A POINT; THENCE N 8742'45° E 619.12 FEET TOA POINT; THENCE N 00°1T15'W 447.99 FEET TO A P01" THENCE N 74°28'x7'° E 11978 FFET TO A POINT; THENCE N 6'1141011° E 30.91 FEET TO A POINT; THENCE N 48°52'34•' E 87.71 FEET TO A POINT; THENCE N 10`32'2$" E 17'8.38 FLEET TO A POINT ON THE SAID NORTH UNE OF THE NW 114 OF THE WE 114; THENCE ALONG SAID NORTH UNE N OV42W E 6011.65 FEET TO A POINT; THENCE S 01948'44" E 490.17 FEET TO A POINT; THENCE N OW42W E 214.00 FEET TO A POINT; THENCE S 0"3133"W 3D00 FEET TOA POINT; 50823-AWex-3-R-R.do c Exhibit C — Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 THENCE CONT114MG N 85*5921" E 89.71 FEET TO A POINT; THENCE CONTIN'MO N MVI 9" E 430.98 FEET TO A POINT. THENCE LEAVING SAID SOUIHERLYRIGHT OF WAY NO(rJT15"W 32.00 FEET TO THE REAL Ml—NT OF MUMING OF TMS DESCRIPTION SAID PARCEL CONTAINS 177.90 ACRES, MORE OR LESS, AND INCLUDES SOME Mscltwnvii RIGHT OF WAY ALONG I- vicroRy ROAD. WAYNE K BARBER Exhibit C - Page 2 9714X Mll I MERIDIAN , X�As CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARIWATE OF JANUARY 19, 2006 DESCRWnON FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED LOOKOUT RIDGE SUBOMSION ZONE C -N February 0, 2006 A PARCEL OF LAND BEING A PORTION OF THE. NORTHWEST 114 OF SECTION 30, TOWNSHIP 3 NORTH, FLANGE I EAST, BOISE MERIDLAN, ADA. COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, T. 3N.. R.1 E., B.M., ADA COUNTY, IDAHO; THENCE ALONG THE NORTH LINE OF THE NW 114 OF SAID SECTION 30 N 89°4248" E 1694.26 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CON71NUING N 89°42`45" E 282.50 FEET TO A POINT; THENCE S DO'17'15e E 335.00 FEET TO A POINT OF CURVATURE THENCE ALONG A CURVE TO THE RIGHT 321.47 FE=ET. SAID CURVE HAVING A RADIUS OF 317.50 FEET, A CENTRAL ANGLE OF 88'00'43", TANGENTS OF 176.04 FEET, AND A CHORD WHICH BEARS S 21MOT W 307.91 FEET TO A POINT OF TANGENCY; THENCE S 57'438' W 50.00 FEET TO A POINT OF CURVATURE; THENCE ALONG CURVE TO THE LEFT 126,51 FEET, SAID CURVE HAVING A RADIUS OF M50 FEET, A CENTRAL ANGLE OF 10°39'14°. TANGENTS OF 63,64 FEET, AND A CHORD WHICH SEARS 3 5223'51'W 126.72 FEET TO A POINT: THENCE N 00°17'15" W 707.60 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, SAID PARCEL CONTAINS 3.94 ACRES, MORE OR LESS. WAYNE K BARSER Exhibit C — Page 3 IS 8444 By AP?AOL+�gL MAY 2 5 2 MERIMAN PUBLIC WOWS DEPT. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 DESCRWWN FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED TANANA VALLEY SU131 IMION ZONE TN -R May 3, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTREAST 1/4 OF SECTION 30, TOWNSHIP 3 NORTH[, RANGE 1 EAST, BOISE iter% ADA C01JNTY, IDAHO, MORE PARTICULARLY DESCRMED AS FOLLOWS: CONW-NCING AT THE NORTHWEST CORNER OF SECTION 30, T. 3N., R. 1 E., B.M., ADA COUNTY, IDAHO; THENCE ALONG THE NORTH LM OF THE NW 1/4 OF SAID SECTION 30 N 89042'43" E 2031.75 FEET TO THE REAL, PAINT OFIMONING OF THIS DESCRIPTION; THENCE CONTINUING ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 3fl N 8904241 E 398.97 FEET TO THE NORTHEAST CokNER OF' THE NW 1/4 OF SAID SECTION 39; THENCE ALONG THE NORTH LINE OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 30 N 39®4232" E 220.13 FEET THENCE CONTTt' MG S. 00'1778" E 285.02 FEETTO A POINT; THENCE S 00'1T1T' E 447.99 FEET TO A POINT; THENCE S 89P42'45" W 619.12 FEET TO A POINT; THENCE N 00°1T1S" W 733,00 FEET TO THE REGI. POINT OF RFAiMMG OF THIS DESCRIPTION. SAID PARCEL CONTAINS 10.42 ACRES, MORE OR LESS. WAYNE K. BARBER 50823 -ANNEX -2-T N-R.doc Exhibit C — Page 4 PLS 8444 �PR�1 e 8 14AAY 2 5 20 WO WORKS DEPT C CITY OF MERIDIAN PLA* DEPARTMENT STAFF REPORT FOR THE HEAPWATE OF JANUARY 19, 2006 0 ri Exhibit C - Page 5 o� I � I I 1■ C y`g aa CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8, TN -R and C -N. 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 future development of this property will comply with the established regulations and purpose statement of the R-8, TN -R and C -N zones, if the applicant enters into a development agreement with the city and develops the property in accordance with the Staff Report. 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 11-513-3.E). The proposed zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 TN -R and C N would be in the best interest of the Ci, If the applicant enters into a Development Aereement (DA) with the Lfty-- 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -malting body shall make the following findings: Exhibit D — Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARIWATE OF JANUARY 19, 2006 The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout as it generally complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat ns in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.),to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD and FM consider 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. The Ridenbaugh Canal bisects this property. Council finds that the Ridenbaugh is a waterway that should be preserved through the development of this site. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ridenbaugh Canal is preserved, 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. Exhibit D — Page 2 hi August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Farwest, LLC ITEM NO. 5-C REQUEST Findings for Approval — Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot, & 20 common lots on 182.60 acres in proposed R-8, TN -R, and C -N zones for Tanana Valley SubdMsfon I� PP 06-013 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Findings gr"'Ov_t/ l%10rAG4 Date: ga-t A Phone: S aff Initials: �y fJ�,, ��_ Materials presented at public meetings shall become properly of the CNy of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER S IJ AUG 2 1 2006 t n ` Meridian rk Office IDAHO In the Matter of Annexation and Zoning of 192.26 acres from RUT (Ada County) to R-8 (Medium Density Residential)(177.90 acres), TN -R (Traditional Neighborhood- Residential)(10.42 acres) and C -N (Neighborhood Business)(3.94 acres), AND Preliminary Plat approval of 548 single-family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 177.94 acres in proposed R-8, TN -R and C -N zones, for Tanana Valley Subdivision, by Farwest, LLC. Case No(s).: AZ -06-015 and PP -06-013 For the City Council Hearing Date of. July 11 and August 8, 2006 (Findings approved on August 22, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 11, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-015 / PP -06-013 - PAGE i of Cl 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 11, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 March 7, 2006, revised on May 21, 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 11, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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). AZ -06-015 / PP -06-013 - PAGE 2 of 4 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 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 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-015 / PP -06-013 - PAGE 3 of 4 aQ. By action of the City Council at its regular meeting held on the 22 day of 2006. f 16,17 - COUNCIL MEMBER SHAUN WARDLE VOTED_0,� COUNCIL MEMBER JOE BORTON VOTED_ j� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_#G� COUNCIL MEMBER KEITH BIRD VOTED_,� TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOg,T Y,de WEERD Os a ATTEST: WILLIAM G. BERG, JR., C CLERK Copy served upon: ✓ Applicant �a'ait�otaa®o ✓ Planning Department ✓ Public Works Department ✓ City Attorney BY Dated: 19-a4-ou Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-015 / PP -06-013 — PAGE 4 of 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 11, 2006 STAFF REPORT Hearing Date: 7/11/2006 �, z �� (approved on 8-8-06) �F iii# TO: Mayor & City Council T, FROM: C. Caleb Hood IDAHO Current Planning Managers.t Meridian Planning Department�x��� 208-884-5533 SUBJECT: Tanana Valley Subdivision AZ -06-015 Annexation and Zoning of 192.26 acres to R-8 (Medium Density Residential)(177.90 acres), TN -R (Traditional Neighborhood- Residential)(10.42 acres) and C -N (Neighborhood Business)(3.94 acres). PP -06-013 Preliminary Plat approval of 548 single-family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 177.94 acres in proposed R-8, TN -R and C -N zones. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Farwest, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium - Density Residential), TN -R (Traditional Neighborhood -Residential), and C -N (Neighborhood Business) for 182.60 acres of property currently zoned RUT in Ada County. The site is located on the southeast corner of Victory Road and Meridian Road. Currently, there is a single-family home and associated outbuildings on this site. The majority of this site is currently being used for agricultural purposes. The existing home is to remain on site, on a proposed lot. The site is composed of four tax parcels and has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Tanana Valley Subdivision (AZ -06-015 and PP -06-013) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission heard the item on June 0 2006 At the public hearing they moved to recommend aapproval. NOTE: Since the original submittalthe applicant has submitted a revised preliminary_ plat that reflects most of the Planning Staff and Commission's recommendations The Commission voted to recommend approval of this revised plat Also as Staff requested the applicant has acquired the property for Rumple Lane A majority of the area currently being used for Rumple Lane, a private street will be dedicated to ACHD with the platting of this property. With the addition of the Rumple Lane Droperty no additional property owners he within the 300 foot radius requirement for receiving notice of the development• no buildible lots have been added to this project. The revised preliminaryplat and updated legal descriptions for this project have been scanned into the Staff R ort for the hearing date of July 11 t. 2006. a. Summary of Comission Public Hearing: i. In favor: Justin Martin ii. In opposition: Lorelie Smith, Russell Cheney, Mert Logue, Lisa Sullivan Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 1 CITY OF MERIDIAN PLAN# DEPARTMENT STAFF REPORT FOR THE HNING DATE OF JULY 11, 2006 iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole, Ted Baird b. Key Issues of Discussion by Commission: i. Dedication of school lot and improvements being made to said lot with this development (e.g. — construction, or not constructing landscape street buffer); ii. Construction of pedestrian path along the out parcel on Meridian Road; iii. Types of housing products proposed; iv. Anticipated uses in the C -N zoned lot; and, v. Expected build -out date. c. Key Commission Changes to Staff Recommendation: i. Recommend approval of the modified preliminary plat; ii. Granted the applicant's request to delay construction of the landscaping around the school lot and the commercial lot, until they develop; and, iii. Accepted the applicant's proposal to construct a pool, construct a pathway adjacent to the out parcel on Meridian Road, and maintain a maximum of 548 single-family lots on this property. d. Outstanding Issue(s) for City Council: i. Prior to the City Council hearing the applicant was going to approach the owner of the out parcel on Meridian Road to see if that owner would allow the applicant to construct a pedestrian pathway along the frontage of their property. Staff recommends that the Council get an update from the applicant as to any discussions the applicant may have had with the owner of the out parcel 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move approve File Numbers AZ -06- 015 and PP -06-013 as presented in staff report for the hearing date of July 11, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -015 and PP -06-013 as presented during the hearing of July 11, 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 -06-015 and PP -06-013 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: Southeast corner of Victory and Meridian Road (SH 69) in Section 30 Township 3 North Range 1 West b. Owner: Justin Martin 4487 N. Dresden Place, Ste. 102 Garden City, ID 83714 Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HSING DATE OF JULY 11, 2006 c. Applicant: Farwest, LLC 4487 N. Dresden Place, Ste. 102 Garden City, ID 83714 d. Representative: Ben Thomas, Briggs Engineering, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Land Use Designation: Medium Density Residential & Mixed Use - Neighborhood g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 182.60 acres to TN -R, R-8 and C -N and Preliminary Plat approval of 548 single-family buildable lots, 1 school lot, 1 commercial lot, and 20 common lots. The average lot size in the development is 8,750 square feet. The gross density of the project is 3.09 dwelling units per acre. About 24 acres (13.5%) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 3/7/06 2. Date of landscape plan (attached in Exhibit A): 1/19/06 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: May 15t' and 29t, 2006 (for Planning & Zoning Commission hearing), and June 19th and July 3rd, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: May 12th, 2006 (for Planning & Zoning Commission hearing), and June 16th, 2006 (for City Council hearing) e. Applicant posted notice on site by: May 22nd, 2006 (for Planning & Zoning Commission hearing), and July 1St, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is a single-family home and some associated outbuildings on this site. The existing home is to remain. b. Description of Character of Surrounding Area: This area contains a mix of uses. To the north, across Victory Road are a commercial nursery and other commercial businesses and single-family homes in Observation Point Subdivision. To the south and east are recently approved subdivisions in the City. To the west, across Meridian Road, are large parcels and single-family homes in the County. This section is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family homes within Observation Point Subdivision, zoned R-4; Commercial nursery, convenience store and feed store, zoned C -G Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 11, 2006 2. East: Grange Hall, zoned RI (Ada County); Single-family homes within Tuscany Village Subdivision, zoned R-8 3. South: Approved Sicily Subdivision, zoned R-8; approved Reflection Ridge Subdivision, zoned R-8; Storage facilities; zoned RUT (Ada County) 4. West: Single-family homes and agriculture on large parcels, zoned RUT & R6 (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There are existing mains in Tuscany Village and a private lift station that flows to observation point. Location of water: There are existing mains in E. Victory Road. Issues or concerns: The need for an "Off -Peak Pumping" station. Redundancy concerns for the new high zone. Sewer trunk routing. 2. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant should cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 5. Hazards: The Ridenbaugh Canal is deep and wide and could be hazardous to children. 6. Proposed Zoning: 7. Size of Property: R-8, TN -R and C -N 182.60 acres 8. Description of Use: Single-family, alternative school site, and future commercial f. Subdivision Plat Information: 1. Residential Lots: 548 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 20 5. Other Lots: 0 6. Total Lots: 570 7. Gross Density: g. Landscaping 2 (1 school lot and 1 commercial lot) 550 3.09 units per acre (net density is 4.09 d.u./acre) 1. Width of street buffer(s): Per UDC (Table 11-2A4) a 25 -foot wide landscape buffer is required adjacent to arterial streets. Victory Road and Meridian Road (SH 69) Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 4 JILCITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 11, 2006 are both classified arterial roadways. Meridian Road is designated as an entryway corridor; a 35 -foot wide landscape buffer is required. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: Per UDC (Table 11-2B-3) a 20 -foot wide landscape buffer is required between C -N zoned property and residentially zoned property. A 20 -foot wide landscape buffer should be provided along the western boundary of the proposed C -N lot (Lot 2, Block 1) 3. Percentage of site as open space: 13.5%/24.05 acres 4. Other landscaping standards: Landscaping adjacent to multiuse pathways and micropaths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Amenities: Open space and pathways. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad between access and garage. j. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, two public streets are shown to intersect Victory Road, and one public street is shown to intersect Meridian Road. However, the applicant has stated that the eastern most access to Victory Road will not be constructed. The ACHD is requiring that Standing Timber Way be constructed as a residential collector, with no front -on housing. All of the other internal streets are proposed local streets with 33 -foot wide street sections (measured back of curb to back of curb) and contain 4 -foot wide detached sidewalks. There are two blocks in the center of the project that propose access to the units from the alley. The applicant is proposing to provide stub streets to the previously approved Sicily Subdivision to the south, Reflection Ridge to the east, and one to the Grange Hall. Staff is generally supportive of the proposed street system (see Analysis below). ACHD's conditions are included in Exhibit B of the Staff Report. 7. COMMENTS MEETING On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" and "Mixed Use — Neighborhood" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The purpose of the mixed use designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park and ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (see Page 95 of the Comprehensive Plan.) This property is also designated for a Neighborhood Center on the Comprehensive Plan Future Land Use Map. Some of the key concepts of a Neighborhood Center include: short blocks, commercial area located at the % mile and not at the arterial intersection, schools located mid - Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 5 CITY OF MERIDIAN PLANK -DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 11, 2006 section, interconnected circulation that is convenient for automobiles, pedestrians, and transit, variety of housing choice, housing arranged in a radiating pattern of lessening densities, residents can access neighborhood commercial services without being forced onto arterial streets, facilitates more efficient transportation along arterials, grid street pattern, connects and integrates with the larger street and pathway system, providing public open spaces. Staff believes that these concepts are already designed into the project, or have been conditioned by staff. Staff believes that this project generally complies with the Neighborhood Center 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 III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #Z. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 6 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE F&G DATE OF JULY 11, 2006 The submitted preliminary plat proposes to extend two stub streets provided to this property from previously approved subdivisions. In addition, a stub street is being proposed to the eastern parcel (Grange Hall) currently zoned in Ada County R1, which staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. NOTE: The location of the Nyack Avenue stub street does not appear to directly align with Caesar Avenue to the south. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall fence along Meridian Road. No other fencing is shown on the submitted landscape plan. Prior to house construction, fencing should be constructed around the perimeter of this site. 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 four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct a micro path so the lots in the northern portion of this development have easy access to the proposed park area. Staff is generally supportive of the proposed pedestrian connections to the adjacent properties. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. To promote better connectivity, staff is recommending that additional micro paths be provided to tie into the multi -use pathway along the Ridenbaugh Canal. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. In accordance with the Comprehensive Plan and ACBD's standards, the applicant is proposing public street access to Victory Road and Meridian Road. To ensure that the out parcels surrounded by this development have access to local streets, staff is recommending that access be provided from the subject property. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 7 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEWG DATE OF JULY 11, 2006 The applicant is proposing residential zoningfor most of the property. Stafffinds that the existing single-family residential properties to the north, south, east and west, as well as the Grange Hall to the east are compatible with the proposed development. Staff believes that the proposed development generally complies with the Comprehensive Plan. Staff finds that the proposed density, land uses and zoning for this property are consistent with the goals and objectives of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: The Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 and TN -R zoning districts. There are several principally permitted, accessory and conditional uses allowed in the C -N zoning district. b. Purpose Statement of Zone: • R-8 Medium -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 -R Traditional Neighborhood Residential: The purpose of the TN -R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN -R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN -R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R District should be generally located: adjacent to a TN -C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. C -N Neighborhood Commercial: 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. General Standards: UDC 11-2D-6 — The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following are the standards approved by the City Council for TN -R developments (see Analysis Section 10 below for additional standards). DIMENSIONAL STANDARDS TN -R Minimum density DU*/acre) 8 net Maximum density 15 net Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 8 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HAG DATE OF JULY 11, 2006 DIMENSIONAL STANDARDS; TN -R Minimum front setback for alley accessed properties' (in feet) 10 for street accessed properties' (in feet) 20 to garage 10 to living area Minimum rear setback for alley accessed properties' (in feet) 20 to garage if alley width 16 feet 18 feet to garage if alley width 20 feet for street accessed properties' in feet 12 Minimum side setback (in feet) Property lines adjoining unattached walls 5 Property lines adjoining attached walls2 0 Minimum side street setbacks in feet Alley 10 Local street 10 Collector for alley accessed ro erties 3.4 13:8 parkway with Class II trees and 5' sidewalk Collector for street accessed ro ernes 3,5 20:8 parkway with Class II trees and 5' sidewalk Street landscape buffer in feet Local3 8 parkwa with Class II trees Collector for alley accessed ro ernes 3.4 13:8 parkway with Class II trees and 5' sidewalk Collector for street accessed ro erties 3.5 20:8 parkway with Class II trees and 5' sidewalk Arterial 25 Entryway corridor 35 Interstate 50 Maximum height to eave providing roof access in feet 30 Maximum building height in feet 40 *DU, dwelling unit ` 'Measured from back of sidewalkandlor alley right-of-way as applicable. 20n any given property, there shall be no more than two property lines that have 0 -foot setbacks. Measured from back of curb. 4These are standards for properties where the front yard of the property adjoins the street landscape buffer and the units take access from an alley. SThese are standards for properties where the rear or side yard of the property adjoins the street landscape buffer. Lighting. In addition to the standards as set forth in Section 11-3A-11, the following standards shall apply within the TN -R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. Fencing: Rear yard of alley accessed properties and alley side yard properties: All fences within the required rear shall be open vision. Fences shall be setback a minimum of five -feet (5') from the alley (measured from property line). Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5') or greater. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8, TN -R and C -N zoning is appropriate for Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 9 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted by the applicant (stamped on May 3, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-513-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not ne atg ively impact nearby properties. Rumple Lane: Originally the area containing Rumple Lane was not part of the subject applications. It is staffs understanding that the applicant has subsequently acquired Rumple Lane. In order to facilitate a future public street extension to this property from Meridian Road, staff recommends that the applicant abandon Rumple Lane as an access to the public roadway system (Rumple may be used as a temporary emergency access if approved by the Fire Department.) Any interest that the subject properties have in Rumple Lane should be surrendered upon annexation. Further, prior to the City Council hearing on this project the applicant should submit new legal descriptions for this project that, describe the parcel for Rumple Lane, AND submit new copies of a preliminaryplat showing the revised location of Harris Street. Access to Arterials: Except for the public street accesses approved by ACRD, all other vehicular access to Meridian Road and Victory Road should be prohibited for this site. Multi -use Pathway: On the Comprehensive Plan Future Land Use Map, a multi- use pathway is depicted on this property. The applicant is proposing to construct the multi -use pathway on the south side of the Ridenbaugh Canal from the east property line to Meridian Road. Staff is generally supportive of the location of the pathway. Sidewalk: There are two out parcels that will create gaps in the sidewalk system along Victory Road and Meridian Road, once this property develops. This could become a hazard to pedestrians using the sidewalk facilities. Consistent with ACHD's Site Specific Condition #4, the applicant should construct sidewalk along the out parcel on Victory Road and adjacent to the out parcel on Meridian Road. Commercial Lot: Staff originally thought that a TN -C zone would be appropriate for a portion of this site. However, due to the close proximity of the planned commercial uses at Victory Greens, staff believes that it may not be appropriate in this case. Staff believes that the proposed C -N zoning for 3.94 acres of this site is also consistent with the Comprehensive Plan. However, no details of how this lot will/may develop have been submitted. Staff has concerns over the lack of a concept for this commercial area and is recommending that details be provided to Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 10 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HOG DATE OF JULY 11, 2006 Staff and the Council prior to construction of any commercial buildings on this site. 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 request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That all future uses within the C -N area will comply with the schedule of use for the C -N zone in effect of the time of building permit submittal; that prior to issuance of any building permit within the C N zoning area, a re -subdivision of the C -N lot be recorded, and that with the re- subdivision application, the applicant agrees to submit elevations for approval by the City Council; and that the construction of any subsequent structure(s) in this area shall be generally compatible in appearance and bulk with the Council approved pictures/elevations. • That the applicant agrees to construct and provide for the maintenance of a 20 -foot wide landscape buffer along the west side of the C -N zoned property, where it abuts residential zoning. • That the applicant agrees to annex the Rumple Lane property and include it within the boundary of the concurrent subdivision. • That, except for emergency access as required by the Fire Department, the applicant agrees to relinquish any interest this property may have in Rumple Lane. • That one public street access will be allowed to Meridian Road, located 1/i mile south of Victory Road; direct lot access to Meridian Road shall be prohibited. Said public street access shall align with Harris Street, across Meridian Road, and use the public street stub/right-of-way provided from Reflection Ridge to the south. • That public street access will be allowed to Victory Road, as approved by ACHD; direct lot access to Victory Road shall be prohibited. • That the applicant should construct sidewalk adjacent to the out parcel Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 11 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEA,06 DATE OF JULY 11, 2006 on Victory Road and adjacent to the out parcel on Meridian Road. NOTE: If the construction and easement for the pathway is not allowed in writing by the owner of the out parcel, the applicant agrees to bond or provide another city -approved method for providing assurance that the pathway improvements in that area are constructed when the out parcel redevelops. • That the applicant agrees to construct a multi -use pathway through this site from the southeast corner of the property to Meridian Road. • That the City has accepted the applicant's proposal to construct a pool within this development. • That a maximum of 548 single-family lots shall be platted on this prgpeM. • That the applicant awees to provide commercial design, building massing and construction materials for this development as proposed during the public hearings on July 11. 2006 and August 8, 2006. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Below are specific considerations and changes that should be made to the submitted preliminary plat. Ditches, Laterals, and Canals: The Ridenbaugh Canal and the Kennedy Lateral traverse through this site. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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 MCC 12-13-8 and MCC 9-1-28. Fencing: Except for along Meridian Road, the applicant is not proposing to construct fencing within the development. UDC 11 -3A -7A7 requires the developer to construct fencing adjacent to micro -paths to distinguish common from private areas. All fencing adjacent to micropaths and internal common lots should be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence. Further, staff recommends that an open -vision fence (or a 4 -foot tall closed fence) be installed along the buildable lots that are adjacent to the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 12 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A- 7. Multi -use Pathway: The applicant is proposing to construct the multi -use pathway that is depicted on the Future Land Use Map along the south side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 10 -feet wide along the entire length of the property. Staff is supportive of the proposal to construct the multi -use pathway as depicted. However, staff has concerns with fencing and landscaping adjacent to the pathway. City Code 11-3B-12 requires a 5 -foot wide landscape buffer along the pathway. The submitted landscape plan depicts only a couple of feet of sod and no trees directly adjacent to the south side of the pathway. Staff recommends that the applicant be required to construct a 5 -foot wide landscape buffer (including trees) along the south side of the multi -use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) Micropaths: The applicant is proposing to construct some micropaths with this plat. Staff is generally supportive of the pedestrian connections between the different subdivision blocks. However, staff is recommending that additional micropaths be provided. UDC 11 -6C -3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection. Block 8 exceeds the maximum block length without a pedestrian connection. The applicant is not proposing to provide any micropath connections to the multi -use pathway along the Ridenbaugh Canal. Staff is recommending that a micro -path be added near the bulb -out in Block 1 (near Lots 76 and 77) and between Lots 7 and 8, Block 12. To enhance pedestrian access to the future school site on Lot 41, Block 20, a pedestrian connection from Rising Sub Street to Pistioa Street should also be provided. This micropath should be located in general alignment with Nyack Avenue/Caesar Avenue. In the Comprehensive Plan, neighborhood centers are supposed to have commercial uses that are geared towards pedestrian access. The proposed C -N zoned lot does not provide a good relationship to the residential uses surrounding it. Therefore, staff recommends that the applicant provide a pedestrian connection from Thunder River Avenue to the proposed commercial Lot 2, Block 1. This micro -path shall be located approximately between Lots 7 and 9, Block 1. All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path (UDC 11-3B-12). Detached Sidewalks: The applicant is proposing to construct 4 -foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with a 5 - foot wide (varies) landscape strip. In accordance with the recently passed ACHD planter width standards and UDC 11 -3A -17E, the width of the planter strip should be constructed 8 -feet wide and include Class 11 trees OR 6 -feet wide with root barrier around the trees, if the parkway is being counted towards the open space requirement. Common Areas: Maintenance of all common areas shall be the responsibility of the Tanana Valley Home Owners' Association. LandsoRing_ The landscape plan prepared by Harvest Design, on 1-19-06, labeled Sheets #LS -1 through LS -4 is approved with the following modifications/notes: Construct a minimum 25 -foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot), exclusive of ACHD right- of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 13 CITY OF MERIDIAN PLAN4DEPARTMENT STAFF REPORT FOR THE HE&G DATE OF JULY 11, 2006 • Construct a minimum 35 -foot wide street buffer along the entire length of Meridian Road, exclusive of ITD right-of-way. The applicant shall provide a landscape design in Lot 1, Block 1 and Lot 111, Block 1, consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11 -3H -D. (Berming at a 2:1 slope is not approved.) • Per UDC 11-3B-9 and UDC Table 11-2B-3, construct a minimum 20 -foot wide landscape buffer on the west side of Lot 2, Block 1. • In accordance with the submittal, set aside at least 11% of the site for useable open space. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5 -foot wide landscape strip on both sides of all micropaths, and the Parks Department required multi -use pathway, and construct trees at a rate of 1 tree per ever 35 linear feet. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Meridian Road via a private lane. Except for the proposed and approved public streets, direct lot access to Meridian Road and Victory Road should be prohibited; place a note on the final plat. The applicant should abandon any vehicular access interest this property has in the private lane to Meridian Road. Staff recommends that prior to signature of the final plat by the City Engineer, the applicant be required to submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private lane (coordinate the drafting of this document with the City's Legal Department.) NOTE: Several of the neighbors in this area have expressed concern over the lack of entrances into this development. Staff believes that the concerns from the adjacent neighbors are due to the main entrance of Tanana aligning with the entrance to Observation Point and funneling all of the traffic to a single intersection. Staff is typically supportive of limiting access points to classified roadways. Staff recommends that the Commission and Council determine if another public street, and not just a secondary emergency access be provided to this site from Victory Road (please see Secondary Access below). Secondary Access: The Police and Fire Departments have concern over the lack of secondary emergency access into the northwest portion of this development. There are more than 50 homes that are being served on a single access. The Police and Fire Department recommend that secondary/emergency access be provided to this site from Victory Road, in general alignment with Swan Creek Avenue. Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 14 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 11, 2006 Stub Streets: There are four stubs streets provided to this property from the adjacent developments. Staff recommends that all of the stub streets be extended. Staff has concerns about the extension of the public street stub from Reflection Ridge at Rumple Lane. The submitted preliminary plat does not show the extension of this street into the subject property and continuing out to Meridian Road. Staff recommends that this street be extended into the site, and that Lots 1 and 2, Block 11, be designed so they are not double -fronted lots. Coordinate the design of the Harris Street/Reflection Ridge Street intersection with ACHD staff. The applicant should be required to extend the other public stub streets as proposed. There are two out parcels that are surrounded by the subject development. One of the out parcels is on Victory Road, the other is on Meridian Road. Both of these out parcels currently take direct access to the adjacent arterial roadway. To allow for access to these parcels to be provided from a local road, staff recommends that Pola Lake Court be extended as a stub street to Parcel No. S1130233652 and that public street access be provided to Parcel No. 51130120800 by extending Tahoe Street where Lots 20, 21 and 22, Block 20 currently are. NOTE: Providing access to Parcel S1130120800 may cause the applicant to lose a lot in that area. Development Along State Hi ways: UDC 11-3H-1 is intended to achieve three purposes: 1) 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, 2) to preserve right-of-way for future highway expansions, and 3) design new residential development along state highways to mitigate noise impacts associated with such roadways. Staff believes that the applicant has met the purposes mentioned above. The applicant should obtain an access permit from ITD for the Harris Street access. The applicant should construct a 10 -foot wide multiuse pathway with a public use easement along Meridian Road. In accordance with UDC 11 -3H -4D, the applicant should construct noise abatement along Meridian Road. Flag Lots/Common Drives: UDC 11-2A-3 requires street frontage for 2 properties sharing a common drive to be 15 feet and street frontage for 3 or 4 properties sharing a common drive to be 10 feet. Lots 10 and 11, Block 17, shall have at least 15 -feet of frontage and share a common drive and Lots 12-15, Block 1, Lots 23-26, Block 12, Lots 7-9, Block 20 and Lots 19-21, Block 20, shall have at least 10 -feet of frontage and share a common drives. When a common drive is being used, 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 edge of the common drive easement or property lines, whichever is more restrictive. 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 drive should not count towards the required parking pad area. Allem The applicant is proposing to construct two alleys in this development. The UDC requires the following for alleys: a. Alleys shall have a minimum of sixteen feet (16') of paving. b. All alleys shall serve as fire lanes. c. All alleys shall be concrete or asphalt with a concrete ribbon curb. d. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 15 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HAG DATE OF JULY 11, 2006 radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. e. Alleys shall be designed so that the entire length is visible from a public street. TN -R Lots: All TN -R zoned lots shall comply with the recently adopted standards for the TN -R zone, including: the dimensional standards/setbacks, all dwelling units shall have a minimum of two lights at the front of the unit and all dwelling units on alley access properties shall have a minimum of two lights along the alley, operated by photocell. All fencing should comply with UDC 11 -3A -7C. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ -06- 015 and PP -06-013, with the conditions listed in Exhibit B of the Staff Report for the hearing date of June 1 2006. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subiect applications, with the modified Conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 3-7-06 REVISED 5-21-06) 2. Landscape Plan (dated: 1-19-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Idaho Transportation Department 10. Nampa & Meridian Irrigation District C. Updated Legal Description D. Required Findings from Unified Development Code Tanana Valley Subdivision AZ-06-015/PP-06-013 PAGE 16 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF JULY 11, 2006 A. Drawings 1. Preliminary Plat (dated: 3-7-06 REVISED 5-21-06) 0 m x Exhibit A — Page 1 G gill � � Vol �9 g CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 11, 2006 e a ) 1H$a'11a 1,ir68it'll JI 11111111tillf"11H I �° I Q l ��.a..�a � ��►.111 o Exhibit A — Page 2 v CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 11, 2006 _ "=AMA aoa data at vow a a. Exhibit A — Page 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HMG DATE OF JULY 11, 2006 01 a xanoa ... w. rma arra u Exhibit A — Page 4 "n - CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 11, 2006 Landscape Plan (dated 1-19-06)) Exhibit A — Page 5 CITY OF MERIDIAN PLAN4DEPARTMENT STAFF REPORT FOR THE HE*NG DATE OF JULY 11, 2006 m Paw" o=m Lot* ibV"14 AW`Ahff73W - N AJCYe S Exhibit A — Page 6 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HE*TG DATE OF JULY 11, 2006 Exhibit A — Page 7 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 11, 2006 iv''W qui - WRnMIS Exhibit A — Page 8 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARfOATE OF JANUARY 19, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-013) 1.1.1 The preliminary plat labeled as Sheet 1 - 4, prepared by Briggs Engineering, Inc., dated March 7, 2006 revised on May 21, 2006, is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-015) application shall also be considered conditions of the Preliminary Plat (PP -06-013). The applicant shall comply with the provisions listed in the recorded Development Agreement with the City (see Section 10.a.1 of the Staff Report). 1.1.2 The landscape plan prepared by Harvest Design, on 1-19-06, labeled Sheets #LS -1 through LS -4 is approved with the following modifications/notes: • Construct a minimum 25 -foot wide street buffer along the entire length of Victory Road A jacent to the school lot the applicant shall install 5 -foot wide sidewalk an provide the easement for landscaping The School District will be responsible for the construction of the landscaping when the lot develops), exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Construct a minimum 35 -foot wide street buffer along the entire length of Meridian Road, exclusive of ITD right-of-way. The applicant shall provide a landscape design in Lot 1, Block 1 and Lot 111, Block 1, consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11 -3H -D. (Berming at a 2:1 slope is not approved.) • Per UDC 11-3B-9 and UDC Table 11-2B-3, construct a minimum 20 -foot wide landscape buffer on the west side of Lot 2, Block 1. Provide said easement with the recordation of the final plat and construct the landscaping when the commercial lot develops (prior to occupancy of any commercial building). • In accordance with the submittal, set aside at least 11 % of the site for useable open space. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed micropaths, and the Parks Department required multi -use pathway, and construct trees at a rate of 1 tree per ever 35 linear feet. If the Nampa -Meridian Irrigation District does not allow trees to be planted between the pathway and the top of bank of the Ridenbauah Canal, the applicant should not be required to install trees. • 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). Exhibit B — Page 1 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 1.1.3 Construct fencing adjacent to micro -paths to distinguish common from private areas. All fencing adjacent to micropaths and internal common lots should be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence. Construct an open -vision fence (or a 4 -foot tall closed fence) along the buildable lots that are adjacent to the Ridenbaugh Canal. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. 1.1.4 Construct a 10 -foot wide asphalt multi -use pathway along the south side of the Ridenbaugh Canal, from the eastern boundary to Meridian Road. Construct a 5 -foot wide landscape buffer (including trees) along the south side of the multi -use pathway and fencing on the south side of the landscaping (north side of the buildable lots.) The multi -use pathway shall be constructed in accordance with the Meridian Park Department's requirements. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 1.1.5 Provide a micro -path connecting Squaw Valley Avenue and Soda Springs Avenue through Block 8. Provide a micro -path near the bulb -out in Block 1 (near Lots 76 and 77) and between Lots 7 and 8, Block 12. To enhance pedestrian access to the future school site on Lot 41, Block 20, a pedestrian connection from Rising Sub Street to Pistioa Street shall also be provided. This micro - path shall be located in general alignment with Nyack Avenue/Caesar Avenue. Provide a pedestrian connection from Thunder River Avenue to the proposed commercial Lot 2, Block 1. This micro -path shall be located approximately between Lots 7 and 9, Block 1. All micro -paths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path. 1.1.6 Construct 4 -foot wide detached sidewalks along all of the internal streets. Detached sidewalks shall be separated from the curb by at least 5 feet of landscaping (sod or groundcover). Or if the parkway is being counted towards the open space calculation, they should be widened to 8 feet and includes Class H trees OR be 6 -feet wide with root barrier around the trees. 1.1.7 Place a note on the face of the final plat that prohibits direct lot access to Victory Road and Meridian Road. Access to Lot 2, Block 1, is approved as shown on the preliminary Plat labeled Sheet 14, dated March 7, 2006, revised on May 21, 2006. 1.1.8 The applicant shall abandon any vehicular access interest this property has in the private lane (Rumple Lane) to Meridian Road. Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private lane (coordinate the drafting of this document with the City's Legal Department.) 1.1.9 Provide secondary/emergency access to the northwest portion of this development from Victory Road, in general alignment with Swan Creek Avenue. 1.1.10 Extend the stub street from Reflection Ridge, at the south property line, into the subject property and out to Meridian Road. Lots 1 and 2, Block 11, shall be reconfigured so they are not double - fronted. Coordinate the design of the Harris Street/Reflection Ridge Street intersection with ACHD staff. The applicant shall extend the other public stub streets as proposed. Exhibit B — Page 2 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARISATE OF JANUARY 19, 2006 1.1.11 Extend Pola Lake Court as a stub street to Parcel No. 51130233652. Extend Tahoe Street as a public stub street to Parcel No. S1130120800. Extend Snow Pass Street (not Mesa Avenue) to Parcel No. S 1130120700, as proposed. 1.1.12 The applicant shall obtain an access permit from ITD for the Harris Street access. The applicant shall construct a 10 -foot wide multiuse pathway with a public use easement along Meridian Road. The applicant shall construct noise abatement along Meridian Road, in accordance with UDC 11- 311-41). 1.1.13 Lots 10 and 11, Block 17, shall have at least 15 -feet of frontage and share a common drive, and Lots 12-15, Block 1, Lots 23-26, Block 12, Lots 7-9, Block 20 and Lots 19-21, Block 20, shall have at least 10 -feet of frontage and share common drives. The common drive easements shall be depicted and explained on the face of the final plat; building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11 -6C -3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on the lots mentioned above, on the face of the final plat. In accordance with UDC 11-3C-6, provide each single-family detached dwelling with a two -car garage and a 20' x 20' parking pad between the garage face and the common driveway (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. 1.1.14 Access to the lots in Block 21 and 22 shall be from the alley, and not the adjacent public street. All alleys shall have a minimum of sixteen feet of paving. All alleys shall serve as fire lanes. All alleys shall be concrete or asphalt with a concrete ribbon curb. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty, feet (50') of the alley entrance as measured from the centerline of the alley. Alleys shall be designed so that the entire length is visible from a public street. 1.1.15 All TN -R zoned lots shall comply with the recently adopted standards for the TN -R zone, including but not limited to: all dimensional standards/setbacks; all dwelling units shall have a minimum of two lights at the front of the unit and all dwelling units on alley access properties shall have a minimum of two lights along the alley, operated by photocell; and, all fencing shall comply with UDC 11 -3A -7C. 1.1.16 Maintenance of all common areas shall be the responsibility of the Tanana Valley Home Owners' Association. 1.1.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.18 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-013) 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). Exhibit B — Page 2 CITY OF MERIDIAN PLANSDEPARTMENT STAFF REPORT FOR THE HEARI4ATE OF JANUARY 19, 2006 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 This property is master planned to sewer to the Black Cat Trunk main, since they are proposing to temporarily sewer this development out of shed the applicant shall be responsible to install a ' temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.2 The applicant is showing approximately 137 lots flowing to mains in Tuscany Village. The applicant shall be responsible to install a second off-peak pumping station in this location, or enlarge the wet well at the primary location to handle the effluent from Observation Point. The number of building permits allowed in this development will be directly proportional to the number of ERU's that are storable in the off peak pumping station. 2.3 An ongoing study of the Master Sewer Plan is being accomplished at this time. There may be a need to route a main line trunk through this project. Prior to construction plan submittal the applicant's engineer shall meet with Public Works to coordinate this routing in the construction plans. 2.4 The applicant shall install sewer mains to and through this project; 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. 2.5 Water service to this site is being proposed via extension of mains in Victory Road. The applicant shall be responsible to install water mains to and through this development which Exhibit B — Page 2 CITY OF MERIDIAN PLW*EPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 includes a 12 -inch main in the frontage along Meridian Road- or as otherwise allowed by the Public Works Department; coordinate main size and routing with Public Works. 2.6 The applicant shall be required to install a flushing station along the Ridenbaugh Canal, design and location to be coordinated with the Public Works Department. The Public Works Department will work with Nampa -Meridian Irrigation District for approval of the flushing station. 2.7 Due to existing topography, this development will have two separate water pressure zones. The applicant shall be required to install pressure reducing vaults to ensure the separation between the two zones is not compromised. 2.8 A portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone are established. The first source would be from a 150' x 150' well lot which the developer would donate to the City of Meridian or a connection to the high zone being established in the development to the south. The second source would be a booster station which would be installed at the applicant's expense if a well or connection to the high zone being established in the development to the south is not available. The applicant shall coordinate with Len Grady at the Public Works Department regarding this condition and he may waive the requirement for one of the two sources if subsequent development warrants it. 2.9 Any potential water or sewer line 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. 2.10 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. 2.11 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. 2.12 If "stair step" grading of lots is constructed then the side lot lines shall be laid out as to allow for the sloped portion of the lot to be owned by the lower lot. 2.13 Any retaining walls greater than three -feet in height shall be engineered. 2.14 All existing structures not meeting setbacks or dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.15 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. 2.16 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. 2.17 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 - Exhibit B — Page 2 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARR*TE OF JANUARY 19, 2006 domestic purposes such as landscape irrigation. 2.18 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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. 2.24 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.25 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.26 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.27 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. 2.28 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. 2.29 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit B — Page 2 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINOTE OF JANUARY 19, 2006 3.1.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.1.2 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. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 41/2" outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works specifications. Fire Hydrants shall be placed on corners when spacing permits. Fire hydrants shall not have any vertical obstructions to outlets within 10'. Fire hydrants shall be place 18" above finish grade. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.1.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.1.6 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. 3.1.7 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. No parking will be allowed in cul-de-sac lots. - 3.1.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.1.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.1.10 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. 3.1.11 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 1/2 the diagonal measurement of the full development. The applicant shall provide a stub street/emergency access to north, in general alignment with Swan Creek Avenue. 3.1.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.1.13 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 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. Exhibit B — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 3.1.14 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. 3.1.15 The proposed subdivision with an estimated 2.9 residents per household would have a total estimated population of 1,589 residents at build out. 3.1.16 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. 3.1.17 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.1.18 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. 3.1.19 There shall be afire hydrant within 100' of all Fire Department connections. 4 Police Department 4.1 To increase emergency access to the site, the applicant shall provide a street to Victory Road from the property access by Sierra Meadows Drive. Prior to the next public hearing, the applicant shall submit a revised plat/site plan to reflect this requirement. 4.2 Lots 9 and 19, Block 20 and Lot 10, Block 17, create a residence that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. The applicant shall work with the Police Chief and/or Planning Staff so the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. Applicant has met with Lt Stowe and agreed to adiust Lot 19 Block 20. Applicant is requesting not to make any changes to Lot 9. Block 20 and Lot 10, Block 17. 4.3 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.4 Adequate lighting should be provided along all pathways. 4.5 A school site bordering Victory Road creates a safety concern. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARiIGATE OF JANUARY 19, 2006 5.3 Pathway and Trail standards: The applicant should be required to construct a 10 -foot wide multi- use pathway through this site to/from Meridian Road. The required pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. Ada County Highway District Site Specific Conditions of Approval 1. The City of Meridian, the applicant and ITD should work together to determine if additional right-of-way or improvements are necessary on Meridian Road (SH 69). 2. Dedicate a total of 48 -feet (or 38 -feet with the sidewalk in an easement) of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. Construct a 5 -foot detached concrete sidewalk abutting the site on Victory Road located a minimum of 41 -feet from the centerline of the roadway. If any portion of the sidewalk is located outside the public right-of-way, the applicant shall provide the District with an easement. 4. The District recommends that the applicant construct a 5 -foot concrete sidewalk across the two out -parcels along Victory Road on either side of the proposed school site. This sidewalk should either be constructed within the existing right-of-way or within an easement provided by the property owners. 5. Construct an eastbound right turn lane and a westbound left turn lane on Victory Road into the site at the intersection with Standing Timber Way. Dedicate the additional right-of-way necessary for the turn lanes without compensation. The widening of Victory Road for the auxiliary turn lanes may necessitate the widening of the bridge west of the proposed entrance road. If the bridge widening is necessary to construct the pavement tapers required for the turn lanes the applicant shall be required to design and construct the bridge widening at that time. 6. Construct the entrance road, Standing Timber Way (intersecting Victory) as a residential collector with vertical curb, gutter, and 5 -foot concrete sidewalk, from its intersection with Victory to its crossing of the Ridenbaugh Canal. The street should be constructed as a boulevard style with a 27 -foot wide islands and 21 -foot street sections on each side of the island. The center islands shall be owned and maintained by the homeowner's association. If any portion of the sidewalk is located outside of the public right-of-way, the applicant will be required to provide an easement. Exhibit B — Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARLSATE OF JANUARY 19, 2006 The applicant shall re -design the center island (to be no wider than 12 -feet) at the intersection of Standing Timber & Victory to allow for simultaneous left and right turns (eastbound and westbound) on Standing Timber Way. 7. Harris Street, entrance street intersecting Meridian Road, will be required to be constructed as a standard residential collector with a 36 -foot street section (vertical curb, gutter, and 5 -foot concrete sidewalks) from its intersection with Meridian Road to its intersection with the stub street being extended from Reflection Ridge 8. Provide a road trust deposit with the District for one-half of the cost for the design and construction of the signal for the intersection of Harris Street and Meridian Road (SH 69). When the property on the west side of Meridian Road develops, the road trust deposit funds can be utilized to construct the signal at that time OR at the time when ITD approves a signal in that location. Design Harris Street to accommodate a future signal at the intersection with Meridian Road. 9. District staff recommends that the private lane, Rumpel Lane, be closed and/or incorporated into the new public street, Harris Street, and that all access be taken to the new public street. The City of Meridian and ITD should coordinate on the future closure of this roadway to ensure that only one street intersects Meridian Road at the half -mile. 10. Construct the internal local streets as 33 -foot street sections with rolled curb, gutter, 4 -foot detached concrete sidewalks within 50 -feet of right-of-way. Receive written approval from the Meridian Fire Department for the reduced street section OR construct the streets as standard 36 - foot street sections. 11. Construct two 20 -foot wide alleys in Block 21 & 22, as proposed. The alleys shall comply with the following policies: • Minimum right-of-way width is to be 16 -feet. • Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking 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. • An access to an alley shall be located a minimum of 25 -feet from the nearest public street. • A minimum of back -of -curb radius of 15 -feet is required at all alley intersections. 12. Extend a stub street from the east and from the south from within Tuscany Village Subdivision. 13. Extend a stub street from the east and from the south from within Reflection Ridge Subdivision, as identified on the revised site plan. 14. Construct a new stub street to the south and one to the east to the undeveloped parcel. Install a sign at the terminus of the roadways stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If the stub streets are greater than 150 -feet in length, provide a temporary turnaround at the terminus of the roadways. 15. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Standing Timber Way) for review and approval prior to the pre -construction meeting and plat approval. 16. Other than the access specifically approved with this application, direct lot access to Victory Road is prohibited and shall be noted on the final plat. Exhibit B — Page 2 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 17. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that 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. 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 Exhibit B — Page 2 CITY OF MERIDIAN PLANA&EPARTMENT STAFF REPORT FOR THE HEARL-�+TE OF JANUARY 19, 2006 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. Idaho Transportation Department (see Letter dated March 27, 2006) 9.1 Provide a stub to the parcel (shown as "N.A.P.") which is located off of S. Meridian Road. 9.2 Provide noise abatement for Residential Development. 9.3 A permit will be required for any pedestrian walkways within ITD right-of-way. NOTE: City Staff has discussed LTD's comments regarding this project and then are aereeable to proceed with the project with the provisions mentioned herein. 10. Nampa & Meridian Irrigation District 10.1 Applicant shall apply for a land use change application prior to final platting. 10.2 All laterals and waste ways must be protected. 10.3 The District's Ridenbaugh Canal and Kennedy Lateral course through this proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 10.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 10.5 The Developer must comply with Idaho Code 31-3805. 10.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B — Page 2 CITY OF MERIDIAN PLAAR DEPARTMENT STAFF REPORT FOR THE HEAR&ATE OF JANUARY 19, 2006 C. Updated Legal Description DESCRUMON FOR AiNKMTION TO CITY OF MEIR11}IAN PROPOSED TANANA VALLEY SUBINMON ZONE R-8 Ift 31, 2008 A PARCEL OF LAND BEING PORTIONS OF THE NORTHWEST 114 AND THE NORTHWEST 114 OF THE NORTHEAST 114 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, DISE MERIDIAN, ADA COURTLY, IDAHO, MORE PARTICULARLY DESCR,113ED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30. T. 3N., R.1 I-, S.M., ADA COUNTY, IDAHO, THE REAL POINT OF BEGININING OF THIS DESCRIPTION; THENCE ALONG THE NORTH UNE OF THE NW 114 OF SAID SECTION 30 N W47W E 1584.25 FEET TO A POINT; THENCE LEAVING SAID NORTH LINE S 0ti"17' 15" IE 707.60 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT 126.91 FEET; SAID CURVE HAVING A RADIUS OF 66-60 FEET, A CENTRALANGLE OF 18"39'14", TANGENTS OF 83.64 FEET, AND A CHORD WHICH BEARS'N li2"23'61n E 126.72 FEETTO A POINT OF TANsmve; THENCE N 57"4328° E 50.40 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 321.47 FEM SAID CURVE HAVING A RADIUS OF 317.50 FEET, A CENTRAL. ANGLE' OF 58"ti0'43", TANGENTS OF 178.04 FEET, AND A CHORD WHICH BEARS N 28°43'07" E 307:91 FEET TO A POINT OF TANGENCY; THENCE N OW17'15W 335.Ot FEL' TO A POINT ON THE NORTH LINE OF SAID NW 114; THENCE N 89°4746' E 165.00 FEET TO A POINT, THENCE S 00°17'15' E 733.00 FEET TO A POINT; THENCE N 88°4746° E 619.12 FEET TOA POINT; THENCE N 00"17'1&" W 447:89 FEET TO A POINT; THENCE N 74°28'57°' E 11976 FEET TO A POINT; THENCE N 61 "14'00" E 30.81 FEET TO A POINT; THENCE. N 48052`34" E 97.71 FEET TO A POINT; THENCE N 10°3ZW E 118.38 FEET TO A POINT ON THE SAID NORTH LINE OF THE NW 114 OF THE NE 114; THENCE ALONG SAID NORTH LINE N 89°4732" E 600.65 FEET TO A POINT; THENCE S 01048'40" E 490,17 FEET TO A POINT; THENCE N 89042`32" E 214.00 FEET TO A POINT; THENCE S 00"03"33"W 30:00 FEET TO A POINT; 5082 a-Aww-x-3-R-8.dw Exhibit C — Page 1 CITY OF MERIDIAN PLANNO EPARTMENT STAFF REPORT FOR THE HEARD*TE OF JANUARY 19, 2006 THENCE CONTINIJING N 85°5921" E 89.71 FEET TO A POINT' , THENCE CONTINUING 89025'19"E 430.99 FEET TO A POINT. THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY N QVIT15" W 32-00 FEET TO THE REAL MINT 2FMG OF THIS DESCRIPTION. HfiW SAID PARCEL CONTAINS 177.90 ACRES, MORE OR LESS, AND INCLUDES SOME PRESCRIPTIVE RIGHT OF WAY ALONG L VICTORY ROAD. WAYNE YL BARBER Exhibit C — Page 2 LS 9444 r m DEPT v-1301PAfullu CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARISATE OF JANUARY 19, 2006 DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED LOOKOUT RIDGE SUBDIVISION ZONE C -N February 9, 2006 A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 114 OF SECTfON 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDAN, ADA COUNTY, IDAHO, MORE. PARTICULARLY DESCRIBED AS FOLLOWS: ,COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, T. 3N.. R-1 E. B.M., ADA COUNTY, IDAHO-, THENCE ALONG THE NORTH LINE OF THE NW 14 OF SAID SECTION 30 N 89°42'45" E 159426 FEET TO THE. REAL POINT OF SEMNING OF THIS DESCRIPTION; THENCE CONTINUING N 89°4745" E 297-60 FEET TOA POINT; THENCE S O0°17'15° E 335.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 321.47 FEET, SAID CURE HAVING A RADIUS OF 317.50 FEET, A CENTRAL ANGLE OF SWW4T, TANGENTS OF '176.04 FEEL, AND A CHORD WHICH BEARS S 2r4SO7'W 307.91 FEET TO A POINT OF TANGENCY; THENCE S 5''14326" W 50.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 126:91 FEET, SAID CARVE HAVING A RADIUS OF 682.50 FEET, A CENTRAL. ANGLE OF 10"39'14. TANGENTS OF 63.64 FEET, AND A CHORD V11FfICH SEARS S 52°23'51" W 126.72 FEET TO A POINT; THENCE N W`lT15' W 707.60 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 3.94 ACRES, MORE OR LESS. WAYNE K BARBER Exhibit C — Page 3 LS 8444 MAY 2 5 NIERID{AN PUSUG WORKS DEPT CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARD&ATE OF JANUARY 19, 2006 DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED TANANA VALLEY StJMNISION ZONE TN -R May 3, 2006 A PARCEL OF LAND BEING PORTIONS Or THE NORTHEAST 1/4 OF THE NORTHWEST 114 AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOIISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIMNCING AT THE NUR'1 AWEST CORNER OF SECTION 30. T. 3N, R. 1 E., B.M., ADA COUNTY IDAHO; THENCE ALONG THE NORTH LD -TE OF THE NW 1/4 OF SAM SECTION 30 N 991142145" E 2051.75 FEET TO THE RFAL POINT OF BF.QRN, jNG OF THIS DESCRIPTION; TH>;NCE CONTINU1NG ALONG THE NORTH LIN OF THE NW IAA OF SAID SECTION 30 N 89°42'45" E 398.97 FEET TO THE NORTHEAST COMM OF THE NW 1/4 OF SAID SECTION 30; THENCE ALONG THE NORTH LINE OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION. 30 N 9904232"E 220.13 FEET TAENG'E CONTINUING S. 00" 1728" E 285.02 FEET TO A POINT; THENCE S 00°1T15" E 447.99 F'EE'L" TO APOINT; THENCE S 89942'45" W 619.12 FEET TO A POINT; T,MJCE N 00°1715" W 733.00 FEET TO THE u -air- pOrntT OF BED -1 -1~3N -MG OF THIS DESCRIPTION. SAID PARCEL CONTAINS 10: —7 ACRES, MORE OR LESS. WAYNE R. BARBER 51823 -ANNEX -22 -Ti RAoc Exhibit C — Page 4 PIS 9444 RRe4#WAP?ROV-4!- MAY 2 5 20 mUC WORI S ®EPI. CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARIOATE OF JANUARY 19, 2006 �4 B '`r♦ � . Aavv � va�� -,� aaaa � vaha .va, v"', \+a\a \ hal\ a\\`.�♦sem \a\ate:. 13 ��/� �r'rj r°� *\aaa♦ i\°`�N\ 4i a 4\� \>�'♦\\ ° \\�\a �a . + +a \ \\\` `a♦♦°♦a ah°°a a\ ♦ ha\`♦ a aaa\\ , as o �\� a\` tia°♦a\ `� \\\\a ; e\aaa a, \♦ `\aa `\`t�,�a \ \ v� \ aaa \ a a� \ a. ha ..♦ ha •. \ <° \` \ a \a \ aaa'\ a ♦a \ a q'` \ \' \♦ a ♦ __Ag a \aaa♦aa\a\ \ \\aaa \\a♦\ a\ a \\ \\ \\aa\\ ° as \ o \ �°aeras •� a\aa � ♦aai\h'aa�a°�� � aa�;+ah•�'aa�� `a�ati � `�� `* �a°a�aw r`>;; i`o\`ti h\aahh �a s�.,\ . a♦;aaa °�� a\�+♦av as\a'*�� �\\\tea\�`� �°�° � • `+\�\�� � a +°' ` i \♦ a \aa\ as ,\\a,, \ +° \ \°, ol Exhibit C — Page 5 At - g an it li$,f6EC9 +R,QSdfO)8 ,�,��j . J., .6G= �1 u I ii aat! i �1 0 -low Am I � ar'°m aa♦° \a°\°\ti \\a\` �I �4 B '`r♦ � . Aavv � va�� -,� aaaa � vaha .va, v"', \+a\a \ hal\ a\\`.�♦sem \a\ate:. 13 ��/� �r'rj r°� *\aaa♦ i\°`�N\ 4i a 4\� \>�'♦\\ ° \\�\a �a . + +a \ \\\` `a♦♦°♦a ah°°a a\ ♦ ha\`♦ a aaa\\ , as o �\� a\` tia°♦a\ `� \\\\a ; e\aaa a, \♦ `\aa `\`t�,�a \ \ v� \ aaa \ a a� \ a. ha ..♦ ha •. \ <° \` \ a \a \ aaa'\ a ♦a \ a q'` \ \' \♦ a ♦ __Ag a \aaa♦aa\a\ \ \\aaa \\a♦\ a\ a \\ \\ \\aa\\ ° as \ o \ �°aeras •� a\aa � ♦aai\h'aa�a°�� � aa�;+ah•�'aa�� `a�ati � `�� `* �a°a�aw r`>;; i`o\`ti h\aahh �a s�.,\ . a♦;aaa °�� a\�+♦av as\a'*�� �\\\tea\�`� �°�° � • `+\�\�� � a +°' ` i \♦ a \aa\ as ,\\a,, \ +° \ \°, ol Exhibit C — Page 5 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEAROATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8, TN -R and C -N. 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 future development of this property will comply with the established regulations and purpose statement of the R-8, TN -R and C -N zones, if the applicant enters into a development agreement with the city and develops the property in accordance with the Staff Report. 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 -5B -3.E). The proposed zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this propgy to R-8 TN -R and C -N would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -malting body shall make the following findings: Exhibit D — Page 1 CITY OF MERIDIAN PLANNaEPARTMENT STAFF REPORT FOR THE HEARI*ATE OF JANUARY 19, 2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout as it generally complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3, and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD and TTD consider 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. The Ridenbaugh Canal bisects this property. Council finds that the Ridenbaugh is a waterway that should be preserved through the development of this site. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ridenbaugh Canal is preserved, 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. Exhibit D — Page 2 August 18, 2006 AZ 06-014 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ATM Development, LLC ITEM NO. 5-D REQUEST Development Agreement — Request for Annexation and Zoning of 20.16 acres from RUT to R-4 zones for Cabella Creek Subdivision — northeast comer of East Victory Road and South Mesa Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement Date: ? �q NO Phone: 7 $Y" yy� rpu,pljlc..G(�!''1 Staff Initials: AT, Materials presented at public meetings shall become property of the City of Meridian. r IDAHO • rF 190.7 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/1-IR 703 Main Street 898-5506 (City Attorney) 898-5503 (1-1R) Fax 884-8723 Fire 540 E. Franklin Road 888-12.34 / 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 833-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-95-51 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 837-1297 - Wastewater 3301 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2'—)35 N.W. 8th Street 888-5242 / fax 881-1159 0 Documnt Type A M to Yr. 04 Aft No E+np107e0 orAgovy atV4ft"%-i Projm Ot020B 494&%gv 92'400 Return b 4MA c.. June 15, 2006 Eric Cronin The Land Group, Inc. 462 East Shore Drive Eagle, ID 83616 JAN Ah L AUG i oda 2006 ( I ► Y OF MERIDIAM Re: Development Agreement — Cabeila Creek Subdivision AZ 05455 Dear Mr. Cronin, Enclosed please find the original Development Agreement for Cabella Creek 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 208-6884433. Sincerely, " Tara Green Deputy City Clerk enc. CITY FALL 33 EAST IDAIio AVENUE MERIDIAN, IDAIio 83642 (208) 8884433 CrIY CLERK - FAX 888.4218 FINANCE• & U nt.i7'Y t11LLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper I% ADA COUNTY RECOR c J. DAVID NAVARRO AMOUNT .00 41 BOISE IDAHO OB/31/0W23 PM DEPUTY Vico Allen II I I I II II I II I II I �I II'I I' I'I'll'I'I� RECORDED -REQUEST OF City of Meridian 106141057 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Martin A.rtis, Owner 3. ATM Development, Developer THISDEVELOPMENNT AGREEMENT (this "Agreement"), is made and entered into this /y day ofP 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", ATM Development, whose address is 660 E. Franklin Road, Meridian, Idaho 83642, hereinafter called "DEVELOPER", and Martin Anis, whose address is 9292 W. Pandion Court, Boise, Idaho 83714, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Properly"; and 1.2 WHEREAS, I.C. § 67-6511 A, 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 (R-4) Low Density Residential 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 06-014) CABELLA CREEK SUBDIVISION PAGE 1 OF 12 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 6s' 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 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 I 1 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 06-014) CABELLA CREEK SUBDIVISION PAGE 2 OF 12 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 ATM Development, whose address is 660 E. Franklin Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Martin Ards, whose address is 9292 W. Pandion Court, Boise, Idaho 83714, 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 ofAda, City ofMeridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY 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 1heR-4 zone, and tfie pertinent provisions of the City Of Meridian Comprehensive Plan are applicable to this AZ 06-014 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 3 OF 12 0 • 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 firi re 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 the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory use of the R-4 zone. 5.1.6 That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.7 That the applicant will construct a minimum 10 -foot wide multi -use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. 5.1.8 That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. 5.1.9 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory may be utilized until the DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 4 OF 12 internal streets within the plat are constructed and approved by the Transportation Authority (ACRD). At such time, direct lot access to Victory Road shall be prohibited. 5.1.10 To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house across Mesa Way (Binford property), the applicant has volunteered to, at the developer's expense, provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "U" of the Binford's driveway, as allowed by the Binford's. 5.1.11 That the applicant agrees to install temporary construction fencing around the perimeter of the subdivision. 5.1.12 That the preferred construction traffic route to/from this development shall be from Victory Road and not Mesa Way. 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 "DeveIopers" 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 "Property" 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 DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 5 OF 12 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. 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 DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDMSION PAGE 6 OF 12 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". 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: DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 7 OF 12 c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Martin Artis 9292 W. Pandion Court Boise, ID 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: ATM Development 660 E. Franklin Road Meridian, ID 83642 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 DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 9 OF 12 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 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. DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 9 OF 12 i ACKNOWLEDGMENTS • IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER ATM Development, LLC By: ' OWNER Martin Artis CITY OF MERIDIAN BY: MAYORTArde WEERD ee`�``� Attest: �.� ��OF �,�� CITY CLERK = _ DEVELOPMENT AGREEMENT (AZ 06.014) CABELLA CREEK SUBDIVISION PAGE 10 OF 12 STATE OF IDAHO, ) ss County of Ada, ) On this day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Czte� known or identified to me to be the of ATM Development, LLC, acknowledged to me that they 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 yesja&s certificate first above written. ,p •, (SEAL) y�s•'00TA*P �k '""� * a " AA&�— s Notary Public or o _ _ • / �ir81.1 �� Residing at: L U •., �+''• O �.` My Commission Expires: OF STATE OF IDAHO, ) : ss County of Ada, ) On this day of-AJA Q (W , 2006, before me, the undersigned, a Notary Public in and for said State, nall appeared Ma mn Arps, known or identified to me and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dajqjwhywjjp this certificate first above written. Alai (SEAL)DIV4,1-4 w .,� 9 Or 1 . Notary Public Idaho Residing at: My Commission Expires: ' DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 11 OF 12 STATE OF IDAHO ) ss County of Ada ) On this o7Q nd day of Anal i 2006, before me, allotary Public, personally appeared Tammy de Weerd Q d 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 00999900• % 14 0 (SEAL) 0 !�• s . -�-x (v ink --L. o lK-) I-q6tiry Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 12 OF 12 THE LAND GROUP, I1VC. February 10, 2006 Project No. 2700 Legal Description Cabella Creek Subdivision Annexation & Rezone Area 20.16 Acres • A tract of land for annexation and rezone purposes, being bots 3, 4, 5 and 6, Block 1, Kachina Estates (a recorded subdivision on file in Book 35 of Plats, at Pages 3016 and 3017, records of Ad, County, Idaho), and a portion of the Southeast One Quarter Township 3 North, Range 1 East, Boise Meridian, Ada, County, Idaho, described as follows: Commencing at 5/8 -inch steel pin monx�ncnting the Southeast Comer of said Section 19 on the centerline of E. 'Victory Road, thence following the southerly line of said Section 19 and said centerline, South 89 4213 West a distance of 626.18 feet to the POINT OF BEGINNING; Thence following the southerly line of said Section 19 and said centerline, South 890421130' West a distance Way; of 945.20 feet to a point on the'centerline of Mesa Thence leaving said southerly line and said centerline, and following the centerline of said Mesa Way, North 00°17'47" West a distance of 664.58 feet to a point; Thence 93.92 feet following the arc of a circular curve to the a radius of 13538 feet, a central angle of 39045101 , a chord bearing ariaid curve having 19°3443" East and a chord distance of 92.05 feet to a point; earing of. North Thence North 39°27'14" East a distance of 261.17 feet to a point; Thence 57.88 feet following the arc of a circular curve to the left; said curve having a radius of 75.00 feet, a central angle of 440131101, a chord bearing of North 17°20'39" East and a chord distance of 56.46 feet to a point on the northerly line of said Lot 6 extended westerly to said centerline; Thence leaving said, centerline and following the northerly line of said Lot 6 South 89°24'07" East a distance of 622.03 feet to a point monumenting the Northeast Corner of said Lot 6; Thence leaving said northerly line and following the easterly line of said Lot 6, South 00°20'54" East a distance of 305.73 feet to a 1/2 -steel pin Southeast Comer of said Lot 6; monumenting the Thence leaving said easterly line and following the northerly line of said Lot 3, Sipe Pkssrseis • Tssesd:« Arrbh%trva • C ri/ F?n,Giesrrriag • CrsF Cftrr. T?71a#6n 6- FIN dsearr n. • 462 E. Shore'Dzive, Ste. 1,i0, lsagle, iclaho � � GaVhk C-orweur4oteo e • Ssr>� i s, 53 616 .� S' 3 1 08.939.41)41 l s ?08.939.4{45 •f uwtie. thrlandgroupinc.com X`%Prnjecc. lirC;a:,A,,rn:Ii270fi'-.Adnsstl'-.L;-Vk"-Anncs Xidke.doc February 10, 2006 Page 2 of 2 North 89038'37" East a distance of 106.46 feet to a 1/2 -steel pin monumenting the Northeast Comer of said Lot 3; Thence leaving said northerly line and following the easterly line of said Lot 3, South 00°23`17" East a distance of 690.42 feet to the POINT OF BEGINNING. The above-described tract of land contains 2016 Acres, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "A-2" and by this reference is made a part hereof Prepared By: THE LAND GROUP, INC 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAQ (r � FEB 17 2006 :..RIPIAN PUBLIC *N!'•RKS DEPT. Silr P!:�num.G • 1+rya��i'r1F a .<lrrh, i}rx�re • C.ial Firgertrrr.'n? • Gaf% Gr rre Trrr�rtian c'9 l�ifiginearia • Cs>tr uii.• (daanapk�tuut • .1 rr �.. 462 E. Shore Dme., Ste. 100, f�:i`le, Idaho 83616 • P 208.939,4rj41 r:208-939.4445 • ww-w—thJandgroupi c.con CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ZEK���M I JUN Q 12006 Czty ; f 'dian +Office tan 11]AH0 `tea troSAW�nKi%r I tis .In the Matter of Annexation and Zoning of 20.16 acres from RUT (Ada County) to R4 (Medium Low -Density Residential) AND Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres, for Cabella Creek Subdivision, by ATM Development, LLC. Case No(s).: AZ -06-014 and PP -06-012 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact I. 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 § 11-5A. CITY OF MEPdDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-0141 PP -06-012 - 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. S. 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 stamped January 24, 2006 by The Land Group, Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: I. Temporary construction fencing will be installed around the perimeter of the subdivision; 2. That the preferred construction traffic entrance to the development shall be Victory Road and not Mesa Way; and, 3. To provide off-site improvements adjacent to the Binford property to mitigate tight intrusion from car headlights. 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) 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-014 / PP -06-012 - PAGE 2 of 4 the preliminary plat is mad in successive phases in an orderly and reasonable rrianner, 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, combinedrelimin and final plat or short plat to comply with the current provisions of Meridian City Code d Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67_6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eiglit (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). A2-06-414 / PP -06-012 - PAGE 3 of4 By action of the City Council at its regular meeting held on the da of 2006. ~. Y � v COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: G. BERG, JR., CI'I i VOTED`05�-- VOTED 0:G VOTED_66C VOTED�� VOTED 'Ij� w de WEERD 9 MR, L - 4r Y Copy served upon: ✓/ APpllGaritf/''i''��tirii�i�ti����j�,`` v' Planning Department Public Works Department City Attorney By' Dated: U -3 -OU 4CiCleWrk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06.014 / PP -06_012 - PAGE 4 of CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE RING DATE OF MAY 23, 2006 STAFF REPORT Hearing Date: 5/23/2006 TO:` y Mayor & City Council r1TV of FROM: C. Caleb Hood ���► �,� �, Current Planning Manager WHO Meridian Planning Department 208-584-5533 � �Amw P,�. f l�tl SUBJECT: Cabella Creek Subdivision AZ -06-014 Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential). PP -06-012 Preliminary Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres in a proposed R-4 zone. 1- SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) for 20.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust Grove Road. Currently, there are three single-family homes and associated outbuildings on this site. Two of the existing homes are to remain, the third will be removed. The site has been previously platted as is commonly known as Lots 3, 4, 5 and 6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service .Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and preliminary, plat applications. Staff is recommendin a roval of the ro osed Cabella Creek Subdivision AZ -06-014 and PP -06-012 with the conditions listed in Exhibit B of the Staff Re art. The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. NOTE: At the Public hearing on April 6t the appubcant iia uired about Condition 1.2.3 in Exhibit B which iorohlbits drainage onds from being counted towards the open dmeent space r nnt. In theapplication thea licant stated that 22% (417 acres) of the total evcio s was bean set aside for common open sace this calculation included the ponds that may be used to store storm drain water) Between the Commission hearing and the Council hearing thea Brant has submitted revised open sace calculations for this develo ment. The revised open sce calculations exclude the Ponds and the Ten Mile Creek and total approximately 2.5 acres (13ye) of the site This revised open space calculation exceeds the required 5% olpens ace of the UDC for a develo went of this size. Staff has amended Condition 1.1.2 in Exhibit B to reflect the revised oven sace requirement for this development. a. Summary of Public Hearing: i. In favor: Eric Cronin (Applicant's Representative), Aaron McGee (Applicant) ii. In opposition: Aneke Binford, Matt Binford iii. Commenting: None Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE I CITY OF MERIDIAN PLAOG DEPARTMENT STAFF REPORT FOR THE IRRING DATE OF MAY 23, 2006 iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole, Bill Nary b. Key Issues of Discussion by Commission: i. The location of Novara Way and the impact to the existing home — headlights in their windows and mitigating that impact; and, ii. The design and function of the storm drain/amenity ponds. c. Key Commission Changes to Staff Recommendation: i. Amended the Development Agreement proposed for this site by adding a provision stating that the applicant has volunteered to assist the neighbor across Mesa Way from the first entry road (Novara Way) to this development by widening the "U" of their driveway and providing some berming and landscaping in between the enlarged driveway area. See Section 10below. d. Outstanding Issues) for City Council i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -014 and PP -06-012 as presented in staff report for the hearing dateof May 23, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -014 and PP -06-012 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 you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ -06-014 and PP -06-012 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: 2955 S. Mesa Way, 3086 S. Mesa Way, 1252 E. Victory Road; north side of Victory Road, approximately 600 feet west of Locust Grove Road / 3N1E19 b. Owner: Martin Artis 9292 W. Pandion Court Boise, Idaho 83714 c. Applicant: ATM Development, LLC 660 E. Franklin Road Meridian, Idaho 83642 d. Representative: Eric Cronin, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential with a Multi -Use Cabella Creek Subdivision AZ-06-0I41PP-06-012 PAGE 2 CITY OF MERIDIAN PLAN*G DEPARTMENT STAFF REPORT FOR THE ORING DATE OF MAY 23, 2006 Pathway g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.16 acres to R-4 and Preliminary Plat approval of 47 single-family buildable lots and I 1 common lots. All of the homes within the development are proposed to be single-family detached. All of the proposed lots conform to the dimensional standards of the R-4 zone. The average lot size in the proposed development is 10,341 square feet. The gross density of the project is 2.49 dwelling units per acre. Approximately 22% (over 4 acres) of the site is being set aside for open space. The applicant is proposing to construct a multi -use pathway on the south side of the Ten Mile Creek 1. Date of preliminary plat (attached in Exhibit A): 1/24/06 2. Date of landscape plan (attached in Exhibit A): 03/l/06 h. Applicant's Statement/Justification: In an effort to address City Council, City Planning Staff and the public testimony represented at council and neighborhood meetings, the preliminary plat is presented to you. Please take notice that a 20 -foot wide landscape buffer has been incorporated into the layout along Mesa U4Iay. Larger lots have been provided adjacent to Mesa Way that mirror the lot size requirements found in an R-2 zoning designation. We feel that these items, coupled with restrictions on direct lot access to Mesa Way will aid in the transition from the existing 5 -acre parcels within the existing Kachina Estates Subdivision (please see Applicant's Submittal Letter fro more information.) 5- PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title I I 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 1 I Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 20"' and April 3rd, 2006 (for Planning & Zoning Commission hearing) and April 24"' and May 8"', 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: March 15", 2006 (for Planning & Zoning Commission hearing) and April 21', 2006 (for City Council hearing) e. Applicant posted notice on site by: March 27'h 2006 (for Planning & Zoning Commission hearing) and May 6", 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are three single-family home and some associated outbuildings on this site. Two of the existing homes are to removed from the site. remain, while the northern -most home will be b. Description of Character of Surrounding Area: This area contains four five -acre lots in Kachina Estates Subdivision. These are the first of the lots in Kachina Estates to re -develop in the City. There are existing R-4 and R-8 subdivisions to the north and south. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Salmon Rapids Subdivision, zoned R-4 Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 3 CITY OF MERIDIAN PLAN.G DEPARTMENT STAFF REPORT FOR THE AtING DATE OF MAY 23, 2006 2. East: 5 -acre single-family lots within Kachina Estates Subdivision, zoned RUT (Ada County) 3. South: Single-family lots within Tuscany Village Subdivision, zoned R-8; and Grange Hall, zoned RI (Ada County) 4. West: 5 -acre single-family lots within Kachina Estates Subdivision, zoned RUT (Ada County) d. History of Previous Actions: Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexation, AZ -05-048). That application was denied by the City Council, primarily because the request for annexation did not have a concurrent development application (plat), there was concern about transitional densities and the proposed zoning, and it was not in the best interest of the City at that time. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in E. Victory Road at the Ascaino Way entrance. Location of water: Water is readily available in E. Victory Road. Issues or concerns: A portion of this site is in a floodplain zone AE. Applicant has submitted a letter from MTI stating that they expect groundwater levels to be within 1 to 3 feet from the surface. The need for an off-peak pumping station for sewerability. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: The Ten Mile Creek floodway bisects the subject site. A portion of this site is within the FEMA 100 -year floodplain Zone AE. A majority of this site is in the Zone X. 4. Canals/Ditches Irrigation: As noted above the Ten Mile Creek bisects this property. The Ten Mile Creek should remain open and protected through this site. Any open irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural waterway) should be tiled when this property develops. 5. Hazards: Except for a portion of the site being within the Ten Mile Creek floodway and floodplain, no hazards have been identified on this site. 6. Proposed Zoning: R-4 (Medium Low Density Residential) 7. Size of Property: 20.16 acres f. Subdivision Plat Information: L Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 11 5. Other Lots: 0 6. Total Lots: 58 Cabella Creek Subdivision AZ-06-014/PP-046-012 47 C 47 PAGE 4 CITY OF MERIDIAN PLAN*G DEPARTMENT STAFF REPORT FOR THE H);ARING DATE OF MAY 23 ,2006 006 7. Gross Density: 2.49 units per acre (net density is 3.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 20 -foot wide landscape buffer is required adjacent to collector streets. Victory Road is a classified collector roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: NIA 3. Percentage of site as open space: 4.17 acres/22% 4. Other landscaping standards: Landscaping adjacent to multiuse pathways should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). See Section 10, Analysis below. h. Amenities: Four acres of open space, parkway strips between the sidewalks and curbs, multi- use pathway, and amenity ponds. i. Off Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,000 8,000 k. Proposed and Required Non -Residential: NIA Summary of Proposed Streets and/or Access: The existing home to remain on Victory Road currently takes access to Victory. The applicant is proposing to remove this existing access and provide access to all of the dwellings within this development via the existing Mesa Way and the new proposed internal streets. A new public street access with Victory Road is Proposed in alignment with Ascaino Avenue on the south side of Victory Road. Two new public street connections to Mesa Way, an existing local street, are also proposed. All of the internal streets are local streets with 33 -feet wide street sections (measured back of curb to back of curb) and contain sidewalks that are detached from the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACRD report and Exhibit B. 7. COAUgEN'T'S MEETING On March 17, 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 Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE *RING DATE OF MAY 23, 2006 Parks Department, Meridian Public Works Department, Meridian Police Department, and -the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE FLAN POLICIES AND GOALS This property is designated "Low Density Residential' on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to Three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single- family lots on 1$.$4 acres for a gross density of 2.49 dwelling units/acre. Staff finds that the overall density is within the range of a low density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter V11, 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.- to 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 theittrisdiction of the Ada County Sherds 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 (ACRD). 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 Departmen4 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 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Cabeila Creek Subdivision AZ-06-014/PP-06-012 PAGE 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE &No DATE OF MAY 23, 2006 Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north. In addition, two stub streets are being proposed to the easte-acre rn S parcels that staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for facture connectivity to the east. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal 1, Objective D, Action 9 - Require new residential development to provide Permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a 6 -foot tall closed fence along Victory Road and Portions of the west and east property lines. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter V1, 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 detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties and Mesa Way. The applicant is also proposing to constrict a 10 foot wide multi -use pathway on the south side of the Ten Mile Creek This Pathway will connect with adjacent pedestrian connections to the northwest and to the existing Pathway in Tuscany to the south. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The existing access to Victory Road, a collector street, should be removed. The new public street connection to Victory Road, has been reviewed and approved byACRD. City Staff is also supportive of the location of Ascaino Way; no additional access points to Victory Road should be allowed. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Cabella Creek Subdivision AZ-06-0141PP-06-012 PAGE 7 CITY OF MERIDIAN PLAN4b DEPARTMENT STAFF REPORT FOR THE &ING DATE OF MAY 23, 2006 The applicant is proposing a residential zone. Staff finds that the existing single fami y residential properties to the north, south, east and west are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to tine east and west. Stafffnds that the proposed lot sizes provide a good transition between the larger lots to the east and west and the proposed lots within this 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. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zone. Salmon Rapids obtained an R-4 zone and Tuscany Village obtained an R-8 zone. Sta r finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (2.49 el.u.'s/acre) and zoning (R-4) for this property is apprapriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium -Density Residential: 1'he purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts beading to Staff Recommendation: Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 8 CITY OF MERIDIAN PLA*G DEPARTMENT STAFF REPORT FOR THE ORING DATE OF MAY 23, 2006 1 • AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on February 15, 2006 by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this vra edy is developed in a fashion that is consistent with the c2M2Lehensive i3lan d poperties. esi anon and does not ne tivel act nearby r 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 Cily Attorney, Bill NaMat 888-4433 to initiate this rocess. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 47 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That the applicant will construct a Pathway from Victory Road to Mesa Ten Mile Creek. • That a street buffer, constructed in installed along Victory Road prior tc units. Cabella Creek Subdivision AZ-06-014/PP-06-012 minimum 10 -foot wide multi -use Way, along the south side of the accordance with City Code, be occupancy of any new dwelling PAGE 9 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE ROLG DATE OF MAY 23, 2006 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory Road may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Victory Road shall be prohibited. To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house across Mesa Wa inford prove the a licant has volunteered to ftsist 4he Mvew&5; ,-area, at the developer's ' expense Provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "U" of their fBinford'sl driveway and providing bernune and landscaping on the Binford's nroverty, as allowed by the Binford's. That the applicant agrees to install temporary construction fencing around the perimeter of the subdivision That the Preferred construction traffic route to/from this development shall be from Victory Road and not Mesa Way. 2• PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Right-of-waY and Street Buffers: ACRD is requiring the applicant to dedicate 35 -feet of right-of-way (measured from the centerline of the street) abutting Victory Road. In accordance with UDC Table 11-2A-4 and UDC 11-3B-7 construct a 20 -foot wide landscape buffer along Victory Road, as proposed. Pathways: The applicant is proposing to construct a 10 -foot wide asphalt pathway along the south side of the Ten Mile Creek. This pathway will tie in with the pathway to the south in and through the Tuscany Development, UDC 11 -3B -12C requires a 5 -foot wide landscape strip adjacent to multi -use Pathways with at least 1 deciduous tree being planted every 35 linear feet (trees may be grouped). Sidewalks and Parkways• The applicant is proposing to construct detached sidewalks with 6 -foot wide parkway strips between the curb and sidewalk. UDC 11-3A-17 requires parkways to be at least 8 -feet wide and planted with Class II trees. However, the planter width may be reduced to 6' if there are root barriers installed on the trees. The ap ant should either construct 8 -foot wide parkways or 6 foot wide parkways with root barriers around all trees within the arkwa Landscaping_ The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, Ll.l and L1.2 is approved with the following modifications/notes: Cabella Creek Subdivision AZ-06-0I4/PP-06-012 PAGE 10 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE ALING DATE OF MAY 23, 2006 • Construct a 20 -foot wide street buffer along Victory Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Per UDC 11 -3A -17E, construct 8 -foot wide parkways, OR 6 -foot wide parkways (as proposed currently) with root barriers around all trees within the parkway. • Per UDC 11 -3G -3A, set aside 22% (4 acres) of the site for useable open space and provide a 10 -foot wide multi -use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Victory Road and Mesa Way. Except for the proposed public street, Asca%no Way, direct lot access to Victory Road should be prohibited; place a note on the final plat. Existin' Residenceslhuildings• The site currently contains multiple buildings. Because the existing structure on the north part of the development spans across proposed lot lines, this building shall be removed or relocated, prior to signature of the final plat by the City Engineer. Fences The applicant is proposing to construct 6 -foot solid fencing along portions of the south, east and west property lines. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi- use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. Ditches. Laterals, and canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE l 1 CITY OF MERIDIAN PLA4& DEPARTMENT STAFF REPORT FOR THE ORING DATE OF MAY 23, 2006 be supplied by a year-round source of water. The applicant should be requirdd 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 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 approval of the subiect applications AZ Q6 014 and PP -06-012 with the conditions listed in Exhibit B of the Staff Boort for the hearing - date of April 2006 11. EXUDITS A. Drawings I. Preliminary plat (dated: 1-24-06) 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval I. 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 Unified Development Code Cabe]la Creek Subdivision AZ-06-014/PP-06-012 PAGE 12 CITY OF MERIDIAN PLANGG DEPARTMENT STAFF REPORT FOR THE AING DATE OF MAY 23, 2006 A. Drawings 1. Preliminary Plat (dated: 1-24-06) Exhibit A — Page 1 CITY OF MERIDIAN PLASG DEPARTMENT STAFF REPORT FOR THE *RING DATE OF MAY 23, 2006 Landscape Plan (dated 3-1-06) j�Mr p�'•`t f tLIT Y tyy Exhibit A — Page 2 oqgw law ueld ede3spu9i leld ll;eulwllGJd >13sIO' ilaet/O AN • .. Y -f. t u •$W# /d 6d "'41►��""� ' 31 r . CITY OF MEREDIAN PLAAG DEPARTMENT STAFF REPORT FOR THE IRRING DATE OF MAY 23, 2006 Exhibit A — Page 3 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE FLING DATE OF MAY 23, 2006 Exhibit A — Page 4 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF JANUARY I9, 2006 B. Conditions of Approval I. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS pRELIMINAR,y PLAT (PP -06-012) 1.1.1 The preliminary plat labeled as P1.0, prepared by The Land Group, Inc., dated January 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-014) application shall also be considered conditions of the Preliminary Plat (PP -06-012). L-11.2 The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, L1.1 and L1.2 is approved with the following modifications/notes: • Construct a 20 -foot wide street buffer along Victory Road, exclusive of ACED right-of-way. Said buffer shall be constructed in accordance with UDC I 1-3B-7. • Per UDC I1 -3A -17E, construct 8 -foot wide parkways, OR 6 -foot wide parkways (as proposed currently) with root barriers around all trees within the parkway strip. • Per UDC 11 -3G -3A, set aside 22% (4 13% (2.S acres) of the site for useable open space and provide a 10 -foot wide multi -use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5 -foot wide landscape strip on both sides of the proposed multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted,.and common areas shall be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Place a note on the face of the final plat that prohibits direct lot access to Victory Road. 1.1.4 Remove the existing structure on the north part of the development that spans across the proposed lot lines for Lots 2 and 3, Block 2. 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. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro path fencing shall be designed according to UDC 11-3A-7. Exhibit B — Page 1 CITY OF MERIDIAN PLAa DEPARTMENT STAFF REPORT FOR THE HEAR* DATE OF JANUARY f 9, 2006 1.1.6 Maintenance of all common areas shall be the responsibility of the Cabella Creek Homeowners, Association. 1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.:.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS PRELMI NARY PLAT (PP -06-012) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development's being proposed via extension of mains in Victory Road. Since this would cause the property to flow out of shed the applicant shall do one of two options. The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent Exhibit B — Page 2 CITY OF MERIDIAN PLA* DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF JANUARY 19, 2006 sources, then this condition may be rescinded by the City Engineer. Install a ternporary lift station that discharges to the sewer mains located in Locust Grove Road. The design shall be coordinated with the Public Works. 2.2 The applicant shall install all sewer 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. 2.3 Water service to this site is being proposed via extension of mains in Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 As part of the City of Meridian's "to and through" policy, the applicant shall install water mains in S. Mesa Way along their frontage. This is needed for redundancy of the water system. 2.5 The preliminary plat shows a portion of Lots 26, 27, and 28 being encumbered by the AE floodplain. The applicant shall revise the lots to ensure all buildable lots are out of the AE floodplain. Or, file for a LOMAR with FEMA to remove the floodplain. Or, add a note on the final plat referencing the floodplain map and those lots will have to file elevation certifications. 2.6 No water valves or manholes will be allowed in the landscape islands. If water or sewer .mains are to be routed under the landscape islands then no trees shall be allowed in them. 2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If the groundwater report indicates groundwater as shallow as MTI's letter indicates a grading and drainage plan will be required, the details of which will be decided at final plat submittal and be required prior to construction plan approval. 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.10 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the houses that are going to be retained on site to municipal services. 2.11 All existing structures that do not meet setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B — Page 2 CITY OF MERIDIAN PLAA DEPARTMENT STAFF REPORT FOR THE HEAkQ DATE OF JANUARY 19, 2006 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"free and clear" 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 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approval by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.26 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit S — Page 2 CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE HEAS DATE OF JANUARY 19, 2006 3.1 One and two family dwellings will require afire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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 perPublic 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 length 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 Rcciuirements for dead-end fire apparatus access roads that are between 500' 750' in len tgth. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 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 Vi the diagonal measurement of the full development. 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 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one Exhibit B - Page 2 CITY OF MERIDIAN PLAT & DEPARTMENT STAFF REPORT FOR THE HEAIO DATE OF JANUARY 14, 2006 side. These measurements shall be based on the back of curb dimension. The roadway -shall be able to accommodate an imposed load of 75,000 GVW. 3.14 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. Police Department 4.1' Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide a driveable surface to each of the common amenit and areas. Coordinate the design of these areas with the Meridian Police Department, Lt. Bob Stowe. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction. The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city wil I assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Saecific Conditions o Approval 7.1.1 Construct East Victory Road as one half of a 46 -foot street section with vertical curb, gutter and 5 -foot detached (or 7 -foot attached) concrete sidewalk within 35 -feet of right-of-way with Parking prohibited on both sides. 7.1.2 Dedicate 35 -feet of right-of-way from centerline of East Victory Road, abutting the site. 7.1.3 Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino Avenue located approximately 177 -feet west of the southeast property line. Exhibit B — Page 2 CITY OF MERIDIAN PLAA DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF JANUARY 19, 2006 7.1.4 Provide ACRD with the plans for the bridge crossing (South Ascnao Way) of the Ten Mile Creek for review and approval. 7.1.5 Construct South Mesa Way as one half of a 36 -foot street section with curb, gutter and sidewalk within 25 -feet of right-of-way from centerline, where it abuts the site. 7.1.6 Construct the internal streets as 34 -foot street sections within 50 -feet of Right -of -Way, as Proposed, complete with curb, gutter, planter boxes and 5 -foot detached sidewalk. 7.1.7 Construct the three islands, one turnaround and a knuckle as proposed. 7:1.8 Construct the three stub streets as proposed: a Construct a stub street to the north, South Ascaino Way, located approximately 560 -feet east of the north property line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125 - feet south of the north property line (measured property line to centerline). 0 Construct a stub street to the east, East Sagemoor Street, located approximately 500 -feet south of the north property line (measured property line to centerline). 7.1.9 Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the final plat. 7.1.10 Comply with all Standard Conditions of Approval. Standard Conditions ofApprovad 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B — Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE NE4RO DATE OF JANUARY 19, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call 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.. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B — Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEARODATE OF JANUARY 19, 2006 C. Legal Description February 10, 2W Project No.. 27M f' no nh r Legal Description [;abeira Ca eek Subdivision Annexation & rezone Asea ,30.16 Acres A tract of land for annotation and .rezone Putposes, being Lots 3, 4, 5 and 6, Block 1, (.aching Estates (a recorded subdivision on file in Book 35 of Plats, at pages 3016 and 3017, rvcotds of itifa'County.,1&ho), and a portion of the So Cnwnshiutheast One Quarter of Section 19, p 3 Nosdr, Range 1 'past, Boise UCtidiaa, Ada Bounty, Idaho, described as follows: t :01n=.e8ci4at5/8-inchstec1 pin monumenting the Southeast Cotner of said Se rhe centervete of E. Victory Road, thence following the southerly linction 19 art e of said Sect said ccaterlu 0;South 8942`13" West ion 19 and a disraace of626.18 fent to the 110INT OF BEGINNING; ThegFe follovvuxg the southerly hne of said Section 19 and said centediae, Soutli 89°42'13" West a distance of 945,20 feet to a point on the centerline of Mesa Way;:` . Thence leaving said southerly line stud said ecntedine, and following the ccutedine of said Mesa Way, NOzth 00°17'47" kVcst a distaacc of 66458 feet to a point; A7 xice 93.92 feet following the arc of a circular curve to the right, said curve having a mdiuSo of 135.38 feet, a central ig& of 39045101", a chord beating of North 1034:43, East and .,chord distance of 9205 fact to a point; Thedcie North 39°27'14" Fast a distance of 261.17 feet to a point; 111enec 57.88 feet follawing the arc of a circular crave to the left, said curve having a t�dius f75-(0 feet;, a ccab2I angle of 44°I3'10", a chord bearing of North 17°2639" East and a chord distance of 56.46 feet to a point on the northerly line 6£said.Lot 6 extended westedy to said centeryue; Thetiicc'lea*g said centerline and following the northerly line of said Lot G South. 89024'07" East n distance of 622.03 feet to a point Northeast Comer of said Lot 6; monutnenting the Thence leaaying said northerly line and following the easterly Zine of said Lot U, Somt1i-•00?2V54" Past It distmWe of 305,73 feet to a 1/2 -steel pin monutnentiog the Southeast Comet afsaid Lot 6; Tlieacc lhae S'aid easterly line and following the northerly line ofssid Lot 3, r i ,;.r.,�r.p�•iRr�,lp> .�.�f+ll Na -rJk SCir lilcSw.na'�.L.rrfiLi: CuNlrAtrei.YttiuM �.tr:r«•,.x� 4',. L `:hurt 1)ri�e, Mro ti tl,Lahtr, EateLu �J3G)A. P M>?39A1tt)V208-939.4 I•t i . wtisw.th4katctx uuF�inc.eutn )i��!'s,µ;s\I.f�..r..4;raJ:�-fli+•. h•�rtt:�i I.4ri).:.iat,>:llctirc.JUr Exhibit C — Page I CITY OF MERIDIAN PLANIG DEPARTMENT STAFF REPORT FOR THE HEARODATE OF JANUARY 19, 2006 Pebruary 10, 2006 Page 2 of 2 N-Q.nh 89°3837" Fast a distance of 106A6 feet to a 1/2 -steel pin mrmutnenting the Nocthctcst Comer of said T.ot 3; le"' leaving said northerly line and following the casredy line of said Lot 3, South 00°23'17" cast it distance of 690.42 feet to the POINT OF Br! GINNING. '1 hp above•descriN-d tract of land contains 20.16 Acres, mare or less, subject to all existing mictnents'sni:1 fights -of -way, rt ttached hereto is Fxhibit "A-2" and by this reference is made a part hereat. 11rcparcd By: THE LAND GROUP, INC, -162 E. Shore Thrive, Suite 100 I "Age. Ida110 83616 208 ,939.104.1 701039.4445 (f+A)g aw:%fir. . FEB 17 2006 .Ktutna Ptt9UC Jr t:r:.'...::,+:,:: ► i,ra:fr,Sr .:: try%KGf::!} � 1.%Ptr l:r•;u;•,re? r. / • C:qH, rsrfa f,���.ii:a Kr Fsetatcr,',• f,rJfilr. <%,nt47u a .'.7S• • �r:r.,.,ti, t; •' 1:• `Noes 06fle, 5t.° [;rt, l:aJel;. Iais3 'cif:tt, s P N!L%19.4191 1' 248 939,44.4*5 • a a.d,claedp�rsHrpi��c.r<<n. Exhibit C — Page 2 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEAMDATE OF JANUARY i 4, 2006 POOR COPY I- a 0 Exhibit C — Page 3 I z z 4—> O ,C,� pQtuW 930 U U CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE HEASDATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 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; The applicant is proposing to zone all of the subject property to R4. 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. Z. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone. 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. Staff recommends that the Commission and Council rely on any oral or written testimony that may be providcd 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 -5B -3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, 1 finds t at on and r7- of this :O e to R-4 would be in the best interest of the Ci if the a cant enters into a Development Aareement W --AJ with the Cit] 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -malting body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 1 CITY OF MERIDIAN PLAa DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF JANUARY 19, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development, Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council 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 rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) s• 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 th e development of this subdivision. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Creek is a natural, scenic feature that should be preserved when this property develops. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ten Mile Creek is protected and enhanced, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 August 18, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Kenai Partners, LLC August 22, 2006 AZ 06-021 ITEM NO. 5-E REQUEST Development Agreement — Request for Annexation and Zoning of 77.66 acres from RUT to C -G and R-15 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: OTHER: COMMENTS See attached Development Agreement Contacted: L Date: g Phone: g- —0226 Emailed: Staff Initials: Q" gtgrk:ds RAsented at pub c �tgs Shan become properly of the City of Meridian. SGi, QWd�•T d CITY OF eYl�lcn� IDAHO 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 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - 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 jAugust 7, 2006 J RECEIVED AUG 0 9 2006 i Becky McKay AUG 15 2006 Engineering Solutions, LLP (pity of Meridian 150 East Aikens Street City Clerk office Suite B Eagle, ID 83616 Ree Development Agreement — Kenai Subdivision AZ 06-021 Dear Ms. McKay, Enclosed please find the original Development Agreement for Kenai 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 208-888-4+433. Sincerely, lam/ Lam. _—� /l!1_Lk) Tara 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 RECORDSf� AVID NAVARRO AMOUNT .00 57 BOISE IDAHO 08131/06 0l�PM DEPUTY Allen III IIII'll'IIIIII'I'II�IIIII'IIIII'll RECORDED—D— REQUEST OF City of Meridian 106141056 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kenai Partners, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this_] lq!7 day of +, , 2006, by and between City of Meridian, a municipal corporation of the State ofldaho, hereafter called "CITY', and Kenai Partners, LLC, whose address is 6223 N. Discovery Way, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property''; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-15) High Density Residential, and (C -G) General Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 1 OF 11 "Property" will be developed and what improvements will be made; and 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 18a' day of July, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City' requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "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. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. 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 06-021) KENAI SUBDIVISION PAGE 2 OF 11 E • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Kenai Partners, LLC, whose address is 6223 N. Discovery Way, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-15 (High Density Residential District) and 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 Unified Development Code which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-15, and C -G zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-021 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 3 OF 11 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 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 all 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 owner/developer 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 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. 7. That development of the residential and commercial lots, along with the orientation and relationship to the street, particularly the auto court, shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of June 27, 2006. 8. That prior to the 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 DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 4 OF 11 9. That the maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40' in height. 10. That the owner/developer 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. 11. That the owner/developer shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 12. That the owner/developer shall coordinate with the Meridian Parks Department the transfer by dedication of the 2.035 acre addition to Kiwanis Park. The owner/developer shall also be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. 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 "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 5 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: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 5 OF 11 7.1 That the "City' provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner/Developer" shall, immediatelyupon 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 "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property', this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City' shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City' shall execute and record an appropriate instrument of release of this Agreement. 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 06-021) KENAI SUBDIVISION PAGE 6 OF 11 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (3 0) 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 "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 7 OF 11 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 Avenue Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 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. DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 8 OF 11 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 "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 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 "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 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. DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: OEM �W, Fj �V—, Qi I A�l qO CITY CLERK OWNER /DEVELOPER , lAAl PARTNERS, CITY OF MERIDIAN By: MAYOR de WEERD OF ®o S �l,,��fp�1�P9d1 DEVELOPMENT AGREEMENT (AZ 06-021) KENAI SUBDIVISION PAGE 10 OF 11 0 STATE OF IDAHO ) ss County of Ada n U On this _LY day of 4 &!� "4 , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared I e '-9- � nS on behalf of Kenai Partners, LLC, known or identified to me to e ! ' ,j M , e.- of said corporation, who executed the instrument on behalf of said corpor tion, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss County of Ada ) Not Public for Idaho Residing at: On e r ,QZ—b My Commission Expires: V, 36L'0:? On this 0 -VA day of As a S+ 2006, before me, allotary Public, personally appeared Tammy de Weerd William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day A�and•year in this certificate first above written (SEAL) : `Y Notary Public for Idaho Residing at: WdLWI t> Commission expires: lb -i l .1 1 06-021) KENAI SUBDIVISION PAGE 11 OF 11 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. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, the REAL POINT OF BEGINNING, from :...which the Northeast comer of said section bears North 89°46'02" East, 2656.88 feet; Thence along the north 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, 2649.87 feet to the Southwest corner of said 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 89054'1311 West, 1247.79 feet to the Center of said Section 20; Thence along said North-South mid-section line and the East boundary of Resolution Subdivision No. 1, Valencia Plaza Subdivision and Riverbirch Courtyard Condominiums, as same is recorded in Book 82 of Plats at Page 9041, Book 91 of 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. REV yy APPR VA �v �ERf4tiAs pEPi,G �flR4C 51115/51115-anx.doc 4431 2o ,��3 -'7-06® ®;t0Fj Fav 0 0 0 March 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.3N., R.1E., 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 comer 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 to the REAL POINT OF BEGINNING; Thence continuing South 01°42'39" West, 1093.67 feet to the Southwest comer of said 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 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 89035156" 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 35'45'14", and a long chord bearing South 71'43'19" East, 46.05 feet; Thence North 36009'18" East, 17.42 feet; Thence South 89135'56" East, 195.60 feet to the Point of Beginning. Containing 31.78 acres, more or less. 4431 'P 3-7-.o6 51115/51115-r15.doc 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, T.3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, the REAL POINT OF BEGINNING, from ,.-which the Northeast comer of said section bears North 89°46'02" East, 2656.88 feet; Thence along the north 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 3600911811 West, 17.42 feet to a point on a curve; Thence 46.80 feet along the arc of a non -tangent curve to the left, 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 89035'56" 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. 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. 1, and of Valencia Plaza 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" East, 1541.32 feet to the Point of Beginning. Containing 45.88 acres, more or less. N43 0 51115/51115-cg.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER •r ¢ ��� ,�' f.17'�' ; IF y �•' &0 �•c In the Matter of Annexation and Zoning of 77.66 acres from 11UT 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 1.975," 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. MY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 and PP -06-0 l9 0 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 roquired by the proposed development will not impose expense upon the public if the attached conditions of approval are unposed. 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 annlicant shall be responsible for continuing the proposed Pathway (alone Ridenbaugh Canal on the southern Property boundM to Lot g Block 3) along the western Property boundary to the area where the Proposed R-15 zone transitions to the C -G zone. The Pathway shaU then connect to the proposed detached sidewaW along S. Kenai Way- and continue iaternaUy 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 -06019 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council 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 -064)19 0 • By action of the City Council at its regular meeting held on the ` $ day of , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL, MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED /APP � VOTED V VOTED 0 VOTED �~ Mayor T OF Attest: William G. Berg, Jr., City Jerk r Copy served upon Applicant, The Planniii'�, t�t3%l1c Works Department and City Attorney. By: Dated: Q(A Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-021 end PP -06-019 CITY OF MERIDIAN PLAN NISDEPARTMENT STAFF REPORT FOR THE HEA ING DATE OF6/2 7/2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: June 27, 2006 Mayor & City Council Joe Guenther/Jenny Veatch Associate City Planner 208-884-5533 r N •', 5f t e7r�• �r tlfi�+�-�M 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 DESCRIP'T'ION OF APPLICANT'S REQUEST The applicant, Kenai Partners LLC, is requesting Annexation with a Preliminary Plat to construct retaWrestauraat/and office uses as well as a mixture of attaelmd, 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 RECOM]MMNDATION Staff recommends approval of Kenai Subdivision with muditcations 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 nronosed R-15 One transitions to the C -G zone. The pathway shall then connect to the wroDosed detached sidewalks 41ona S. Kenai Way and continue inftrna.111 through the site to connect with E. Overij d 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 Plannin_e and Zoning Commission heard the item on Mav 4 2006. At th gablic-h–e—arma they moved to remogmm2ad auvroval. NOTE: 4th the me' lotions aeUd abow On June 27 211(16 t''ity A. Summary of Public Hearing: i. In favor. Decky McKay (Applicant's Representative), David Koga, Andy Erstad ii. In opposition.: Ralph Ingle, Dan Curtis, Gloria Fern Kenai Subdivision AZ-06-021/PP-o6-019 Page 1 CITY OP MERIDIAN PLANIM DEPARTMENT STAFF REPUKI' FOR THE tRING DA'L'E 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 reasons) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: W1/2 of the NE 1/4 Township 3N, Range IE, Section 20 b. Owners Kenai Partners LLC 6223 N. Discovery Way Boise Id 83713 c. Applicant: Kenai Partucm 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 PLANNIODEPARTMENT STAFF REPORTFO THE H0 KING DATE OF6/27/200 6 I 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/ of 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 determine. 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 I 1 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 (fur 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 I. North: Undeveloped commercial, C -G 2. West: Mountain View High School R-4, Office Park L-0 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 Strut; 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 PLANNIRDEPARTMENT STAFF REPORT FOR THE H• ING DATE OF6/27/2006 3. Flood plain: N/A 4. Canals/Ditchea 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 (sham 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 accC39cd 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 multiramily 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 buflWs): 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 11-213-3) 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 buffers) 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 R4 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 landscapeJsite 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 PLANNAEPARTMENT STAFF REPORT FOR THE HEARING 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 opcn 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 ('gall 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 — Ono 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 PLANAR DEPARTMENT STAFF REPORT FOR THE •RING DATE QF6127/2006 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-0ut) 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/reporta 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 flemble design opportunities are encouraged. The MU R ]las 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 comof the site is designated Public/Quasi public and provides tar a park site with a school connection. er 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 MPD). Department ( • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County >fi:ghway District (ACM). 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 PLANNODEPARTMENT STAFF REPORT FOR TETE HEARING DATE OF6/27/2 006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should st#?&r 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 gf`ice and retail component to their design. • Chapter VTI, 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 fieture 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 V11, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACBD 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 ACRD's standards. Please see the ACRID staff report and Exhibit B for the conditions from ACRD. Kenai Wayprovides a collector system to the arterial roadway for the internal circulation of resident,. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VU, Goal N, Objective C, Action 1) The properties adjacent to the subject site are designated fnr 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 Muuntain 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. X.enai Subdivision AZ -06-021 /PP -06-019 Page 7 CITY OF MERIDIAN PLAN NI40DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF6/27/200 6 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 struts." (Chapter VII, Goal IV, Obj. D, #5, page 107) 8. UNI UD 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 urMeridian 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 PLANNINDEPARTMENT STAFF REPORT' FOR THE HEARING DATE OF6/27/2 006 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 Multifarni]y 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 thiq 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-strcct vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) sauar„ a 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 PLANN19DEPARTMENT STAFF REPORT FOR, THE HEA ING 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 11-513-31) 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 co lexi f e RMM mix of uses ublic k4kcations, and roximi f existing and future residential us the multi -&1U& cum hent staff believes a Develornnent Asreement is necessary to ensure that this mo,R is developed in a fashion ! &t is consistent with the comnrehensin plan designation and does not negatively impact herby 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 % 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 con=ercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road. • Non-lEtesidential Buildings: The applicant has not requested a maxiueum square footage of retaWrestaurant/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, bulls, types of materials, and locations proposed far each type to address the concerns of adjoining property owners and to include within the DA. • athw : The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian T1 -ligation 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 grouosed -15 zone ftmaWans to the C -G zone. The pat--hwaY shall th n connect to the RMgsed sate 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 PLANNIODEPARTMENT STAFF REPORT FOR THE IHI$AR1NG DATE Ol'6/27/2006 landscaping and pathway construction as agreed upon. Ubat the appliwill 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 -th City of Meridian ordinances in effect at the time of developmenpPAll future uses shall not involve uses, activities, processes, materials, equipment an 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 odor 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 ol` 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 moreattractive. 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 H 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-0 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 a4jacent 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 11-213 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 l l (0 CITY OF MERIDIAN PLANNSDEPARTMENT STAFF REPORT FOR THF HEARING 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 buffo 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 Cates_ 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 the all of the irrigation facilities located on site with the exception of the Ridenbaugh Canal. See Exhibit B below. Pressure Irri ag tion: 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. Fagging- 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. Cro@s-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 11-3F. 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 he provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. evatio • Neighboring properties have expressed concerns with prior proj ects and in relation to higher density residential (R-1 5) 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 PLANNIODEPARTME N 1 51'ANF R1rPORT FOR THE HEARING DATE OF612712006 • 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 facade, 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 Orf 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/Onen S ace• 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. MultiUse P thw The applicant is not showing, but will be required to install, a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall he 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 er-0 osed-1 ne on to the C -G zone. The nathwav shall then connect to_the �aosed detached sidewaW alone 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 associatcd landscape standards will alsu buffer the Mature commercial uses and the transitional residential lot sizes to the existing Thousand Springs Kenai Subdivision A7A)6-02.UPP-06-019 Page 13 0 CITY OF MERIDIAN PLAN NIODEPARTMENT STAFF REPORT FOR THE HEARINU 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. AmW-ties: The applicant is requited 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 S' 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," wu rmonuncnd that lots 56-59 of Block 3 bo 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 subiect ppliration with the conditions listed in Exhibit $ Of the Staff Rep—ort.— Tnne 27 2006 ("ibv Council apprmd the a 10. EXHMT S A. Drawings 1. Preliminary Plat (dated Mann 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 S. Parks Department 6. Sanitary Services 7. ACRD S. 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 PLANNAEPARTMENT STAFF REPORT FOR TIIE I RING DATE OF6/27/2006 Exhibit Al: Preliminary Plat dated Mweh 10 Revised June 27, 2006 1 POOR COPY Kenai Subdivision Exhibit A Page I CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE40ARING DATE OF6/27/2006 � H i i, , S&' 1A1 BIlBb1YIBI0N ���8 `•� � gnr+ra can:u. � n! � (� a asn['Nsa �vcuao PPilIMM4Y/RIT m � ROs � � h0.1 ut .M Iws6 u[ 3 _ 1 i q Kenai Subdivision Exhibit A Page 2 - > "�. Ald \}: 11 Kenai Subdivision Exhibit APS 3 a _ _ ■ � z��: j : k � { <� z��: C IT Y OF M E R ID IAN PLAN N IN G DEPARTM EN T STA l 11'24,�, r . 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Containing 77.66 acres, more or less MIC' ?1119 Al IU-aae.dcjc Kenai Subdivision Exhibit B Page l CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEPING DATE OF 6/27/06 RLOF 9£ARINN05 88'48YO2 201/4 _ _ N U46MI 13D8.39 2CPJ21 201\_p AN[�XIO M 0 SAD 29T28 R.P.04— CG ZONE r i I r r C -G ar i� wr i 01 5 38-09'18'W v _ 17,42' c '°S6 Ml W) w z Cl R.PA&- R-15 ZOW N 88 3 '5 80 R-15 I� r r S 89'503' W 1247.79' SCALE 1'®400' 0WO-DATE 03/10/06 SHEET 1 OF 1 Kenai Subdivision Fxhibit R Page 2 (N l� DATA 4'-,:L.:i•ifi PUBLIC -uy -*PT. CURVE RMIS DELTA ARC CFNIRD BEAM C1 75AD 334514' 45.80 46M N 71'43'19' 11 ANNEXATION AND REZONE ENGINEERING PROPOSED KENAI SUBDIVISION I SOLUTIONS. LOCATED IN THE W 1/2 OF THF NE 1/4 If ISO E M�ri3 S1REtT, SuiIt 0 SECTION 20, T.3N., ME, B.U. I • ma 836 6 uFA:niAY ene rrti wrtv lnaun Phone (2m) M-om sox (m) MR -0241 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT' FOR THE HEQNU DATE 016127/06 Exhibit B: Legal Description -- C -G (General Commercial) :March 6, 29116 Kenai Subdivision Proposed C -G Zone A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.l E,, $.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner ofsaid Section 20, tha REAL. POINT OF BEGINNING, from which the Northeast comer of said section bears North 89°46'02" [cast, 2656.88 feet; Thence along the north line of said Section 20 North 89°4G'02" East, 1308.39 feet to a point on the extended westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Platy at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the axtension thereof South 01°42'39" West, 1556.20 feet; Thence North 8915'56" West, 195.60 feet; Thence South 36°09' 18" West, 17.42 feet to a point on u curve, Thence 46.80 feet along the arc of a non-tartgent curve to the tctl, said curve having a radios of 75.00 feet, a delta angle of 35°45'14", and a long chord bearing North 7 (u43'19" West, 46.05 feet; Thence North 89"35'56' West, 1023.14 feet to n point on 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; Thence along said North-South raid -section line and the East boundary of said Resolution Subdivision No. E. and of Valencia Plaza Subdivision and I iverbirch Courtyard Condominiums, as same is recorded in Hook 91 cif Plats at Page 10764 and 1'look 91 of Plats at Page 10671, respectively, records of Ada County, Idaho, North 00024'04" Past, 1541.32 feet to the Point of Beginning. C`.ontaining, 45.88 acres, more or less. Kenai Subdivision Exhibit B Page 3 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HANG DATE OF 6127106 Exhibit B: Legal Description — R-15 (Medium High Density Residential) March 6.2006 Kenai Subdivision Proposed 1205 Zone A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, UN., R.1 E., B_h4., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner of said Section 20, from which the Northeast comer of said section bears North 89046'02" East, 2656.88 feet; thence along the north 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 (look 86 of Plats at Page 9783, records of Ada County, Idaho; thence along the West boundary of said subdivision and the extension thereofSouth 01°4239" West, 1556-70 feet to the REAL POINT OF BEGINNING. Thence continuing South 01 042'39" Wcsl, 1093.67 feet to the Southwest corner of said subdivision lying on the north boundary of Thousand Springs Subdivision No. 5, as same is recorded in Hook 79 of PIats 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 Stction 20; Thcnce along the Norlh-South mid-section line. of said Section 20 and tltc East boundary of Resolution Subdivision No.1, as sante is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho, North 00024'04" East, 1104.23 feet, Thence South 89°35'56" 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 or 75.00 fcet, a delta angle of 35°45' 14", and a long chord hearing South 71*43'l 9" taut, 46.03 feet; Thence North 3600918" East, 17.42 feet; Thence South 89935'5A" East, 195.6o feet to the Point of Beginning. Containing 31.78 acres, more or less. 51 11$ "� I I 1-5-r1;.dca: Kenai Subdivision F..xhibit R Page 4 CITY OF MERIDIAN PLANNOG DEPARTMENT STAFF REPORT FOR THE ARING DATE OF 6/27/06 C. Conditions of Approval I. Planning Department At the June 27 2006 City COUndl headne, the Uncil required the applicant to enter into a Development A Bement 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 -N4 Revised 6127/2096 approved, with the conditions listed herein. All comments/couditions 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 shag be resuonsble for 9011tinuing the P-10way along the Weltern ro boundary to the area where the d 045 zone transitlo s to the C -G one The pathway shall then connect to the nrnnnewl sla*na6nd rids®eu�.. -1--.- a ■�---a V— - — to conn with E. Overland d 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 aneasement adjacent to the rights of way. 1.1.4 The landscape plan prepared by The Land Group, labeled Shc cts 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 Regiunal 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 Busmess/lHome 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 refuseJserviee area, Kenai Subdivision Exhibit C Page 1 CITY OF MERIDIAN PLAN(; DEPARTMENT STAFF REPORT FOR THE RIFT G 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 agreements) 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 "QUIREMENTS—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-vcgetatcd surface materials shall not be used in open space lots, except as permitted under UDC 1 l -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 arca 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 PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27106 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 ingresslegress 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 ExWbit C Page 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR TETE HEARING 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 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.1,5 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. 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 proposal 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 Beat 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 na;essary 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 THE HEARING 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 fixhues 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 intcrscctions 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 pruvided 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'Wo 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 PLANNODEPARTMENT 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 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 emcrgcncy 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 Aparttnent/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 vAnply 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 frumps. 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 gruss building area of more than 62,000 square feet (5760 mZ) 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 0) 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 PLANNIDEPARTMENT STAFF REPORT FOR THE Is i O RING DATE OF 6/27/06 throughout with an approved automatic sprinkler system installed in accordancewith 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 proposad 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 Exhlwt C Page 6 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING DATE Of 6127106 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 Ilorizon 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 Moot 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 he 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 Condidons of Approval 7.9 Any existing irrigation facilities shall he relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACRD 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 PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 6/27/06 7/06 7.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing de tails. the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for de 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 ACRD 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 ACRD Traffic Operations 387-6190 in the event any ACRD 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 PLANNING 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-sitc. 9.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current dclivery 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 ExluWt C Pago 10 0 0 CITY OF MERIDIAN PLANNING 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 fiulfill 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 wuuld 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 I C;t'1'Y OF MERIDIAN PLANNING DEPARTMENT ARTMENT 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 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 proposcd dcvelopment. 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. 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 ticvelopment. 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 fitture 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 tuning 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 -SB -M). If the SRBIftant enters into a Deweloigment &MMag A with the gM Council finds that the annexation and zoning of this nroneM to C G and IK -15 -would be,in the best interest of the Ci Kenai Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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-maldng body shall make the following ftdings: 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 • August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 • APPLICANT Todd Campbell ITEM NO. AZ 05-058 54 REQUEST Development Agreement — Request for Annexation and Zoning of 49.95 acres from RUT to R-8 zone for Keego Springs Subdivision — 5910 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: 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 4fll,-p V-,-/ • • •.tel /. �. / / D• - ,� • Phone:i0 Emailed: tea/ `� / •• r v J Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORD J. DAVID NAVARRO AMOUNT .00 41 • BOISE IDAHO 08I3110W23 PM DEPUTY Vicki Allen III IIII'IIIIIIIIIIIIIIIIIIIIIIII II III RECORDED -REQUEST OF 106141058 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Todd Campbell, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this`day of + , 2006, by and between City of Meridian, a municipal corporation of the State o0ldaho, hereafter called "CITY', and Todd Campbell, whose address is PO Box 140298, Boise, Idaho 83714 hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code Section 11, Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of R-8 (Medium Density Residential), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission _ and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDMSION PAGE 1 OF 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 27th 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 "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. 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 05-058) KEEGO SPRINGS SUBDIVISION PAGE 2 OF 10 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Todd Campbell, whose address is PO Box 140298, Boise, Idaho 83714, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Unified Development Code: Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-8 zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-058 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDMSION PAGE 3 OF 10 0 C� 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the "Owner/Developer" will be responsible for all costs associated with the sewer and water service extension. 4. 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. Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 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 "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -writ: DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION PAGE 4 OF 10 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement 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 "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 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 05-058) KEEGO SPRINGS SUBDIVISION PAGE 5 OF 10 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" have 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 "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION PAGE 6 OF 10 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: OWNER/DEVELOPER: c/o City Engineer Todd Campbell City of Meridian PO Box 14028 33 E. Idaho Ave. Boise ID 83714 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A parry 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 parry 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. DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION PAGE 7 OF 10 0 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 "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 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 "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 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. DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: CITY CLERK 1 OWNER /DEVELOPER 71ell ampb CITY OF MERIDIAN WAD o � ' BL ZZ fili i1d74114���i DEVELOPMENT AGREEMENT (AZ 05-058) KEEGO SPRINGS SUBDIVISION PAGE 9 OF 10 9 -?,2--a6 STATE OF IDAHO ) ss County of Ada ) On this llo day of d it 4 Lc s 71-1 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Campbell, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. P®�'G'HA v�'�®TAR .;O (SEAL) ....®_ STATE OF IDAHO ) ss County of Ada ) Residing at: -'V My Commission Expires:(- �� On this.3ar-A day of , 2006, before me, a Notary Public, personally appeared Tammy de Weerda d William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written #0 TINRA (SEA:,) ;' �+' ®?,y`�,�s�; Notary Public for Idaho �; w; Residing at: Ley I LrA-tt) J :: Commission expires: p• -� l (AZ 05-058) KEEGO SPRINGS SUBDIVISION PAGE 10 OF 10 Legal Description KXMIT A >:,4,;i0ia& PUtILK; :.I.mr..q nepr PROPERTY DESCRIPTION FOR KEEGO SPRINGS A parcel of land lying in die Wt/2 NW I /4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Add% County, Idaho, said parcel being more particularly described as follows: Commencing at a point tnu&M the WIM Corner of said Section 27, said point also being the POINT OF BEGINNING; Thence N.000 10'43"W. 1649.32 feet along the west line of the said NW 1/4 of Section 27 to a point; Them S.89058'27"E.1324.17 feet to a point lying on the east line of the said W1/2 NWI/4 of Section 27; Thence S.00012'35"E. 164-1.50 felt along the said cast line of the W1/2 NW1/4 of Section 27 to a point marking the WI/16 Corner of 3ald Section 27; Thence S.89°59'25"W. 137:5.06 feet along the south lire of the said NWIM of Section 27 to the POINT OF BEGINNING. Said parcel contains 49.95 Mva, more or less, end is subject to all existing easements and right-of-ways of record or implied. ow SWAP Uad &UrO n 0914Mm� Aoe RECL- JUN � L 3 2006 Meridi.a�n. office C in, :,1 r, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In. the Matter of Annexation and Zoning of 50.41 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 177 single family residential lots,1 school she/lot and 12 common lots on 50.41 acres by Todd Campbell. Case No(s). AZ -05-058, PP -05-060 For the City Council Hearing Date of: June 6, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 2.006 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 ithe 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 -05-058 and PP -05-060- PAGE 1 of 4 • 0 4. Due consideration has been given to the comments) 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 idl in the attached Staff Report for the hearing date of June 6, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Counod'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 Submitted and REVISED hmeaff 24, June 6, 2006 is hereby conditionally approved; and, 2. The applicant has agreed to provide solid vinyl fencing on the north property boundary and adjacent to the school site. Any perimeter fencing must be completed prior to issuance of building permits. All fencing should be installed in accordance with UDC 11-3A-7. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 6, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is raade 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 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-058 and PP -05-060- PAGE 2 of 4 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 limetable 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 k:daho 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 6, 2006 CITY OF MERIDTAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-058 and PP -05-060- PAGE 3 of By action of the City Council at its regular meeting held an the Gr'' 7" day of A&a!§..G , 2006. COUNCIL MEMBER SE(AUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CEM LIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: v o WILLIAM G. BERG, J ., C Copy served upon: ✓ Applicant "" ✓ Planning Department Public Works Department ✓ City Attorney VOTED _PG VOTED _P!!-- VOTED VOTED VOTED ' By: Dated• b7 ' Q�v -OU ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-058 and PP -05-060- PAGE 4 of 4 CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE JjjrG DATE Of JUNE 6, 2006 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: 6/6/2006 Mayor and City Council Josh Wilmm, Associate City Planner Keego Springs Subdivision • AZ -05•-058 r erny �nr- E u ANO f� f 7� i� Annexation and Zoning of 50.41 acres from RUT to R-8 zone • PP -05-060 Preliminary Plat of 177 single family building lots, 1 school site and 12 common lots on 50.41 acres in a proposed R-8 zone • VAR -05-024 Withdrawn on April 18.2006 Variance request to reduce the front setbacks in a proposed R-8 zone L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Todd Campbell, has applied for Annexation and Zoning (AZ) of 50.41 acres from RUT (Ada County) to R-8 (Medium -Density Residential) and Preliminary Plat approval of 24� 177 single family residential lots, 1 school sits_ and 112 common lots on 50.41 acres. The site is located east of N. Black Cat Road, and south of Chinden Road (SH 20/26). This site currently contains a rural residence. Note: The applicant has submitted a revised preliminary plat dated �, June 6. 2006 which eliminates 22 buildable lots and adds a future school site. Please see the letter from 3amar-y 26,9A6 Todd Campbell dated May 26, 2006 for a more detailed narrative of the changes to the plat. SUIVLWARY RECOMMENDATION: Staff recommends approval of AZ -05-058 and PP -05-060 for Keeao Springs Subdivision as press nted in the staff report for the hearing date of June 6 2006 based on the Findings of Fact as listed in Exhibit D and ffiftect to the conditions of approval as listed in Exhibit B as attached to this reportStaff has prepared findings consistent with this recommendation. The Meridian Planning and Zoning Commission beard the item on February 2 and March 2 2006 At the public hearing they moved to recommcnd approval. On June 6. 2006 the Cites Council approved the subiect applications. a. Summary of Public Hearing: i. In favor: Joann Butler, Jim Howard, Todd Campbell ii. In opposition: Don Brown, representing Rambo Subdivision iii. Commenting: Wendell Bigham iv. Stair presenting application. Josh Wilson v. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. School site to be shared with properly to south (Volterra Subdivision) ii. Fencing on north boundary iii. Stub street to property to south (Volterra Subdivision) c. Key Commission Changes to Staff Recommendation: Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 1 CITY OF MERIDIAN PLA?C DEPARTMENT STAFF REPORT FOR THE 111RING DATE OF .TUNE 6, 2006 i. Modify Condition 1.2.6 to read: "The preliminary plat shall be revised to relocate the amenities, i.e., tot lot, gazebo, barbeque, and clubhouse and pool area on revised L:)t 11, Block 7. Lots 28, 29, 30, and 31 of Block 10, and Lots 4, 5, 6, 7 of Block 4 will be placed in the amenities original locations. This will consolidate all neighborhood amenities in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities and result in no loss of buildable lots." ii. Delete Condition 1.2.12 iii. Modify Condition 1.2.13 to read: "The applicant will hold the property labeled "School Site" on the Keego Springs preliminary plat dated January 24, 2006, while Joint School District No. 2 finalizes negotiations with the developers of the Volterra Subdivision for the balance of the acreage needed for the school site. If the school, district has not finalized negotiations with Volterra by the earlier of June 1, 2006, or when utilities are available, applicant will replat the property identified as "School Site" in conformance with applicant's original plan,." iv. Add a Condition which states: "Modify the plat to add a pedestrian micropath from Laga Drive to the school site at some point along the north boundary of Lot 20, Block 10." v. Add a Condition which states: "All perimeter fencing adjacent to the school site shall be restricted to open vision fencing." d. Outstanding Issues) for City Council: i. Staff recommends that Condition 1.2.13 should amended to read: "The applicant will hold t;he property labeled "School Site" on the Keego Springs preliminary plat dated January 24, 2006, while Joint School District No. 2 finalizes negotiations with the developers of the Volterra Subdivision for the balance of the acreage needed for the school site. If the school district has not finalized negotiations with Volterra and the aunlicant for the "School Site" by the earlier of June 1, 2006, or when utilities are available, applicant will replat the property identified as "School Site" in conformance with applicant's original plan." ii. Variance to front setbacks: Staff is recommending denial of the subject Variance application (VAR -05-024) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). Note: The application is unclear as to the specific front setbacks being requested. The applicant should clarify at the public hearing the specific front setbacks being requested and the lots to which the variance would apply. 3. PROPOSED MOTIONS Approve (AZ and PP) I move to approve File Numbers AZ -05-058 and PP -05-060 as presented in the staff report for the hearing date of June 6, 2006, and the revised preliminary plat datedJaauap-U, June 6, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (AZ and PP) I move to deny File Numbers AZ -05-058 and PP -05-060 as presented in the staff report for the hearing date of June 6, 2006, and the revised preliminary plat dated Janomy June 6, 2006 for the following reasons: (you must state specific reasons for denial). Approve (VAR) I move to approve File Number VAR -05-024 as presented in the staff report for the hearing date Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 2 CITY OF MERIDIAN PLA?*G DEPARTMENT STAFF REPORT FOR THE 111VG DATE OF JUNE 6, 2006 of June 6, 2006, and the revised preliminary plat dated January 24, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (VAR) I move to deny File Number VAR -05-024 as presented in the staff report for the hearing date of June 6, 2006, and the preliminary plat dated January 24, 2006 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ -05-058, PP -05-060, and VAR -05-024 to (date certain). 4: APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Black Cat Road, and south of Chinden Road (SH 20/26)/ 5910 N. Black Cat Rd W1/2, Section 27, T4N R1W b. Owners: Todd Campbell P.O. Box 140298 Boise, Idaho 83714 c. Applicant: Todd Campbell P.O. Box 140298 Boise, Idaho 83714 d. Representative: Kurt Reliford, JJ Howard Engineers e. Present Zoning: RUT €. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of revised Preliminary Plat (attached as Exhibit Al): 3.24, June 6, 2006 2. Date of Landscape Plan (attached as Exhibit A2): reeptimmi- 6, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of UDC 11-5B-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 11-6B-2, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: March 10, 2006 e. Applicant posted notice on site by: March 24, 2006 KCC90 Springs Subdivision AZ -05=058, PP -05-060 PAGE 3 CITY OF MERIDIAN PLAW DEPARTMENT STAFF REPORT FOR THE SPG DATE OF JUNE 6, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land and rural residences b. Description of Character of Surrounding Area: The area is presently mostly agricultural land with Waal residences, however the recent approvals of Bainbridge Subdivision to the east and Volterra Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and zoning 1. North: Existing rural residences in Rambo Subdivision, zoned RUT (Ada County). 2. East: Approved Bainbridge Subdivision, zoned R-8. 3. South: Approved Volterra Subdivision, zoned R-4. 4. West: Agricultural land and rural residences in Compton,s Subdivision, zoned RUT (Ada, County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: The site is currently not sewemble, it is in the "North Black Cat shed" design is currently underway but service will not be available until at least early 2008. Location of water. This site currently has no water service readily available. Public Works is currently in the decision making process to decide if water will be extended with the sewer or if it will be development driven. Issues or concerns: Public Works concerns revolve around the lack of services currently available, however there is a timeline for them and other developments in this section have been approved with the same conditions. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: McMillan lateral 5. Hazards: None known. 6. Proposed zoning: R-8 7. Size of Property: 60.41- 50.41 acres f. Subdivision Plat Information I. Residential Lots: 4,16-177 2. Non-residential Lots: 1 3. Total Building Lots: 4-W 17 4. Common Lots: 9L 2 5. Other Lots: N/A 6. Total Lots: 446 190 7. Open Lots: 912 Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 4 CITY OF MERMIAN PLAW DEPARTMENT STAFF REPORT FOR THE 110MG DATE OF JUNE 6, 2006 8. Residential Area: NA.44 50.14 acres 9. Gross Density: 3.53 3.58 units per acre (4-69 4.71 net density) g. Landscaping I. Width of street buffer(s): 35 feet on Black Cat Road. Street buffers are not required on any internal, local streets. 2. Width of buffers) between land uses: N/A 3. Percentage of site as open space: 3:83 3.29 acres/6-.A4 6.560% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Lot Size (Alleys) 4,000 square feet Min. Street Frontage 50 feet Min. Street Frontage (Alleys) 40 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Black Cat Road to Cascada Street and from proposed extensions of Oceano Drive and Corazon Street. Staff recommends that the applicant should be required to connect to the approved stub from Volterra Subdivision to the south. Please see ACHD report and analysis below for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 176 single-family lots on 50.41 acres for a gross density of 3.53 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 5 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE II&ING DATE OF JUNE 6, 2006 • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD), • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian .Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend two stub streets from Bainbridge Subdivision (Ocean Drive and Corazon Street) and staff has recommended that the applicant be required to connect to the stub street from Volterra Subdivision to the south, which is in compliance with the conditions of approval from ACh D. • Chapter V1, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above • Chapter VII, Goal M Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Black Cat Road for Cascada Street, which was approved by ACRD and is supported by staff. • Chapter VII, Goal 1V, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 6 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JUNE 6, 2006 The applicant is proposing a residential zone. Staff finds that the proposed single-family residential properties to the south and east, and the existing residential properties to the north will be compatible with the proposed development. • Chapter VII, Goal N, Objective C, Action 10 -Support a variety of residential categories (low-, medium-, and high-density single fancily, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Bainbridge Subdivision to the east obtained R-8 zoning and Volterra Subdivision to the south obtained R-4 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (3.53 d u./acre) and zoning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation A22TXAU0N ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 15, 2005 by James Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City AttorngY Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 7 CITY OF MERIDIAN PLA?G DEPARTMENT STAFF REPORT FOR THE RING DATE OF JUNE 6, 2006 extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. 1'�AItY PLAT ANALYSTS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Landscape Lot along Cascada Street: The building lots along Cascada Street at the entrance to the subdivision in Blocks 1 and 10 are what the Unified Development Code defines as "through lots," meaning they have frontage on two parallel streets. While City Code does not specifically prohibit through lots, staff does discourage their use to prevent traffic interference and control access to internal roadways. Staff recommends that the preliminary plat should be revised to place a 10 -foot wide landscape lot, to be owned by the Homeowner's Association, along both sides of Cascada Street to the intersection of Invierno Avenue. This will prevent direct lot access to Cascada Street and ensure safe and efficient vehicular access on the subdivision access road. 2. enities: The applicant has proposed three separate community amenities near the center of the development: a barbeque area, a tot lot, and a swimming pool with a clubhouse. The proposed amenities are located at the terminus of Cascada Street and are all separated by public streets. While staff supports the central location of the amenities, we find that the potential danger from pedestrians crossing the entrance road into the subdivision that could carry over 1,000 vehicle trips per day outweighs the benefits. Staff recommends that the amenities should be consolidated in one location to prevent pedestrians crossing public streets as neighborhood residents use the facilities. The relocation would not result in a loss of buildable lots, as the tot lot and barbeque area could be moved adjacent to the pool area and the eight home sites that this would displace could be moved to the former location of the tot lot and barbeque area. 3. 1 a s• The applicant has proposed a 34 -foot street section with 5 -foot detached sidewalks separated from the roadway by an 8 -foot parkway strip which contains street trees. Staff is supportive of this design, with the restriction that the tree species are limited to Class II trees per UDC 11-3A-17 and that the portion of the detached sidewalk which lies outside of the right-of-way be contained in an easement to benefit the Ada County Highway District. Setbacks will be measured from the back edge of the sidewalk. 4. Stub Streets: Per the ACHD report, the preliminary plat shall be revised to show a public street connection to the stub street approved with Volterra Subdivision which lies approximately 330 feet east of Black Cat Road. Staff is supportive of the two other stub street connections shown, Corazon Avenue and Ocean Drive. Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 8 CITY OF MERIDIAN PLAW DEPARTMENT STAFF REPORT FOR THE 110MG DATE OF KNE 6, 2006 5. School Site: In response to concerns expressed by the Joint School District No. 2, the applicant has revised their proposal to include a school site which will lie partly within the proposed subdivision, and partly within the previously approved Volterra Subdivision. Staff is supportive of this configuration with the following change: The preliminary plat should be modified to eliminate the building lots shown as Lots 19, 21, and 22, Block 10, and include the land in the proposed school site. Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. The school site will require conditional use approval prior to construction and is not approved with the subject applications. 6. Alleys: The proposal subdivision has building lots with access to proposed alleys. Staff is supportive of the design and the proposed lots and alleys meet the dimensional requirements of the Unified Development Code, and the alleys were approved by ACRD. 7. Variance for Block L=Zh and 1hacks• The applicant has submitted a Variance application for reductions to the front setbacks. The applicant has not stated what they are requesting for front setbacks; the applicant shall address the front setbacks at the public hearing and submit revised information which clarifies the variance request prior to being scheduled for a City Council hearing. 8. Pressure Irrigation; The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well'source is not available, 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. 9. Fencing: The applicant has submittal a detailed fencing plan (on the landscape plan dated September 8, 2005) with the preliminary plat application for the subdivision. The applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 10. Common Areas: Maintenance of all common area shall be the responsibility of the Keego Springs Home Owners' Association. 11. Ditches. Laterals and goals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: The applicant has requested a variance for reduced front (street) setbacks for the alley loaded lots contained in Blocks 2, 3, 11, and 12. The required setbacks in the R-8 district are 20 feet to the garages and 15 feet to the living areas. The proposed subdivision is located on vacant land and there are not existing site constraints which justify the Keego Springs Subdivision AZ -05-058, PP -05-060 PAGE 9 CITY OF MERIDIAN PLAbW DEPARTMENT STAFF REPORT FOR THE 01UNG DATE OF JUNE 6, 2006 reduction of building setbacks. The applicant has the ability to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. Note: The application is unclear as to the specific front setbacks being requested. The applicant should clarify at the public hearing the specific front setbacks being requested and the specific lots to which the variance would apply. b. Staff Recommendation: %290—commends avuroval of AZ -05-058 and PP -05-060, and denial of VAR 05-024 for Keego Spans Subdivision as presented in the staff report for the hearing date of June 6, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. On June 6. L006 the City Council auuroved the subiect anuli tions. 11: EXHIBITS A. Drawings 1. Preliminary Plat (dated: Ate, 2006) 2. Landscape Plan (dated: £eptembef &—,2006 -June 6, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Keega Springs Subdivision AZ -05-058, PP -05-060 PAGE 10 CITY OF MERIDIAN PLATE DEPARTMENT STAFF REPORT FOR THE JPRING DATE OF JUNE 6, 2006 A. Drawings 1. Prehminary Plat (dated: Janoq+-24, June 6, 2006) Exhibit A 1 u. ----- CITY OF MERIDIAN PL ANW DEPARTMENT STAFF REPORT FOR THE IWG DATE OF JUNE 6, 2006 2. Landscape Plan (dated: September- 8, 2995 June 6, 2006) Exhibit A �J- =Qh. - eak4 L 06 z cAr'� ,4bt--- IL Am �J- L 06 z cAr'� CITY OF MERIDIAN PLAYG DEPARTMENT STAFF REPORT FOR THE IIVG DATE OF JUNE 6, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation, ordinance adoption), and the developer. The applicant shall coa actthe City Attornev Bill Nay, at 888-4433 to initiate this Process within 18 months of Crtv Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Uuified Development Code. • Prior to submittal of the final plat, the applicant shall provide documentation that the negotiations with Volterra Subdivision for the other portion of the school site have been finalized and that Joint School District No. 2 approves of the configuration provided. 1.2 SITE SPECIFIC REQUMEMENTS_pRELMMARy PLAT 1.2.1 The preliminary plat prepared by JJ Howard Engineering, dated 3a�4, June 6. 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-058) shall also be considered conditions of the Preliminary Plat (PP - 05 -060). 1.2.2 Maintenance of all common areas shall be the responsibility of the Keego Springs Subdivision Homeowners' Association. 1.2.3 The preliminary plat shall be modified to reflect the conditions contained in this report and 10 copies shall be submitted no later than 10 days prior to the City Council hearing on the applications. 1.2.4 The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.2.5 The preliminary plat shall be revised to plaice a 10 -foot wide landscape lot, to be owned by the Homeowner's Association, along both sides of Cascada Street to the intersection of Invierno Avenue. 1.2.6 The Preliminary Plat shall be revised to relocate the amenities i.e., tot lot, gazebo barbeque and clubhouse and Pool area on revised Lot 11 Black 7 Lots 2L29,30, and 31 of Block 10. and Lots 4. 5.6. 7 of Block 4 3NA be Placed in the amenities original locations This will consolidate all nei0hborhood amenities in 0110 lMfign to Prevent pedestrians crossing Public streets as nei borhood residents use the facilities and result in no loss of bUiLcLable lots Exhibit B CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE FWG DATE OF JUNE 6, 2006 1.2.7 Per UDC 11-3A-17, the 8 -foot parkways shall be restricted to Class 11 tree species 1.2.8 That portion of the detached sidewalk which lies outside of the right-of-way shall be contained in an easement which dedicates pedestrian cross-acess and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.2.9 Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. 1.2.10 There shall be a 20 -foot by 20 -foot parking pad provided on all alley loaded lots between the garage and the alley edge per UDC 11-3C-6. 1.2.11 The preliminary plat shall be revised to show a public street connection to the stub street approved with Volterra. Subdivision which lies approximately 330 feet east of Black Cat Road. 14W P"IMifteff Plat ShOUW bs mOdifisd te Okfflifige &e heading l-"- shown as Lots 22 �n1,,,.1.. 10, n _.� : ..1,.,],, the 1..._a : 4L e"Liz— as ,r � ) ) w K � z, /1 ) , 20,431eek I 4 w4ho l 4L -W i L + tt(, �.. C •4 )) 4�.. .13 �e-at?Alien�-�wffi�no�era. J cravaroiz�-- oazaoieec'ges,.: dMed &MM 24. June & 2—W6. while joint Sdhee! Diswet No. a a If the school district has not finalized negotiations with Volterra and the applicant for the "School Site" by the earlier of &ne-t, December 7 2006 or when utilities are availabl% applicant will replat the property identified as "School Site" in conformance with apalicant's original plan. 1.2.14 Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. 1.2.15 The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8, 2005) with the preliminary plat application for the subdivision. The applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. The applicant has also agreed to provide solid vinyl fencing on the ggl h property boundary and adiacent to the school site Any perimeter fencing must be completed prior to issuance of budding permits All fencing should be installed in aWrdance with UDC 11-3A-7 1.2.16 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.17 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plats, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.18 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or He within the area being subdivided shall be covered. 1.2.19 Modify the plat to add a pedestrian micropath from Laao Drive to the school site at some point alone the north boundary of Lot 20 Block 10 1.2.20 All perimeter fencing adjacent to the school site shall be solid vinvl fencing Exhibit B CITY OF MERIDIAN PLAG'DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water 04CC 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 should taper down to 3 feet maximum within. 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/dramage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 A majority of this development is not currently serviceable by the City of Meridian's sewer system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station". The "North Black Lift Station" is underdesign at this time, however it will not be allowed to be activated until the upgrades to the treatment plant are completed, projected completion date is early 2008. If this development is approved, it shall be subject to the North Black Cat sewer system being available. 2.2 At such time as the development is sewerable the applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub - grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B CITY OF MERIDIAN PLADW DEPARTMENT STAFF REPORT FOR THE J1rG DATE OF JUNE 6, 2006 2.3 No "interim" or "temporary" sewer lift stations shall be allowed. 2.4 Water service to this site is being proposed via extension of future .mains in Black Cat Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public. Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Add a note that states which lots are to be common lots and addresses ownership and maintenance of said lots. 2.10 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction Exhibit B CITY OF MERIDIAN PLAXV DEPARTMENT STAFF REPORT FOR THE G DATE OF JUNE 6, 2006 inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and. NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 220 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 Meet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. To increase emergency access to the site aiminimu of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by Exhibit B CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE BWG DATE OF JUNE 6, 2006 no less than 1/ the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the south. 9. Building setbacks shall be per the International Building Code for one and two story construction. 10. The proposed 176 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 510 residents at build out. 11. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 12. Provide a Knox box entry system for the complex prior to occupancy. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. The proposed plat and/or site design encourages high-speed, cut -through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Invierno Avenue. 2. The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 3. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT site sneca &C Conditions ofApproval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48 -feet of right-of-way along Black Cat Road, and construct a minimum 5 -foot wide concrete sidewalk along Black Cat Road, located a minimum of 41 -feet from the centerline of the right-of-way. Exhibit B CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE fWG DATE OF JUNE 6, 2006 b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Black Cat Road, located a minimum of 41 -feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Black Cat Road, located at the back edge of the existing right-of-way, Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Cascada Street to intersect Black Cat Road approximately 800 -feet north of the south property line, as proposed. 3. Construct the internal streets as 34 -foot street sections with rolled curb, gutter and 5 -foot sidewalks that are detached by an 8 -foot landscape strip within 50 -feet of right-of-way. Provide the District with an easement for the sidewalk that is proposed to be located within an easement outside of the right-of-way. Provide the District with Fire Departmental approval to construct the reduced street section. 4. Extend Oceano Drive from the east property line approximately 630 -feet north of the south property line, as proposed. 5. Construct Corazon Street as a stub street to the east property line approximately 100 -feet south of the north property line, as proposed. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 6. Shift the proposed stub street that is proposed to be located approximately 480 -feet east of Black Cat Road approximately 140 -feet to the west to match the stub street that was previously approved with Volterra Subdivision. 7. Construct two 20 -foot wide alleys located between Corriente Street and Oceano Street and Azul Street and Corazon Street, as proposed. Dedicate 20 -feet of right-of-way for the alley and pave the right-of-way its entire width. An access to an alley shall be located a minimum of 25 -feet from the nearest public street. 8. Construct a center island within Cascada Street, as proposed. Construct the island to be a minimum of 4 -feet wide with a minimum area of 100 -square feet and maintain a minimum of a 21 -foot street section on either side of the island. 9. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 10. Comply with the District's Interim Tree Planting Policy. 11. Construct a left hand turn lane on Black Cat Road at the intersection of Cascada Street. Coordinate the design of the turn lane with District staff. 12. Construct a right hand turn lane on Black Cat Road at the intersection of Cascada Street. Coordinate the design of the turn lane with District staff. 13. Other than the access point that has specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note stating this access restriction will be required on the final plat. Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE JrG DATE OF NNE 6, 2006 14. Comply with all Standard Conditions of Approval. Standard Conditions o Aoroval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right -of --way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that 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 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. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or Exhibit B CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE 1JWM DATE OF NNE 6, 2006 other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE MSG DATE OF JUNE 6, 2006 C. Legal Description 8Y Y� f^hPPML- --- i E IBIT ; 4 _ jjatAV 9U13UL; .,;.-)Pec nep-r PROPERTY DESCRIPTION FOR KEEGO SPRINGS A parcel of land lying in the W1/2 NW114 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows; Commencing at a point marking the WI/4 Comer of said Section 27, said point also being the POINT OF BEGINNING; Thane N.Wl W43„W. 11649.32 feat along tree west line of the said NWI/4 of Section 27 to a point; Thence S.99058'27"E. 1324.17 fact to s point lying on the east line of the said W 1/2 WW1/4 of Section 27; Thence S.00°12'35” Ir. 164$.50 feet along the said east line of the W1/2 NW I/4 of Section 27 to a point marling the W I/16 Corner of said Section 27; Thence S.89°59'25"W. 1325.06 feet along the south ling of tba said NW 114 of Section 27 to the POINT OF BEGINNING. Said parcel contains 49.95acnes, more or less, and is subject to all existing easements and right-of-ways of record or'implied. ROW & LVW daalp"0914010M.doc Exhibit C CITY OF MERIDIAN FLAW N ARTMENT STAFF REPORT FOR THE HEAWG DATE OF JUNE 6, 2006 SU9DNISiON gvE w aP��C��r�� POINT 0 W 11/4Ocon T4N. R 7 EXHUDIT B S»-300; 300 600 30D ( SCAE W FEET Exhibit C CITY OF MERIDIAN PLANE DEPARTMENT STAFF REPORT FOR THE W G DATE OF JUNE 6, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council 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 -5B -3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council 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 propggty to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE kWG DATE OF JUNE 6, 2006 adopted Comprehensive Plan. Staff generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan,. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council 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, staff 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.) 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the ' development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff 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. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property would grant a right or privilege that is not otherwise allowed in the district. There are not existing site constraints which justify the reduction of building setbacks and the applicant has the ability to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. 2. The variance relieves an undue hardship because of characteristics of the site; The proposed subdivision is located on vacant land and there are not existing site constraints which justify the reduction of building setbacks. The applicant has the ability Exhibit D CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HVr DATE OF JUNE 6, 2006 '�! to modify the proposed preliminary plat to create lots which accommodate the required setbacks for the R-8 district. Based on this fact, City Council finds that special circumstances do not exist which create an undue hardship on the property. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the reduced front setbacks to be reduced would not be detrimental to the public health, safety, and/or welfare, Exhibit D August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S -G REQUEST Resolution — Setting Forth Certain Findings and Purposes to Declare Suprlus Property; Authorizing the Mayor of the City of Meridian to Donate Surplus Wastewater Clarification Equipment to the City of Boise AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shalt become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 0�7b -!5� 4� BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SURPLUS WASTEWATER CLARIFICATION EQUIPMENT TO THE CITY OF BOISE. WHEREAS, it is in the best interest of the City of Meridian to declare certain wastewater clarification equipment listed herein below as surplus property, as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301 allows surplus City property to be transferred to another local government when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the surplus equipment listed herein below until it were sold, if it could be sold, exceeds its value to' the City of Meridian and would result in the unnecessary expenditure of City funds; WHEREAS, the surplus equipment listed herein below was acquired nearly ten years ago and has a useful life of approximately ten years; WHEREAS, the surplus equipment listed herein below is being retired by the City of Meridian Public Works Department following an equipment upgrade at the wastewater treatment plant which rendered the surplus equipment listed herein below incompatible with the updated equipment; and WHEREAS, the City of Meridian desires to donate the surplus equipment listed herein below to the City of Boise. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, as follows: Section 1. The Mayor and City Council hereby authorize and declare that the equipment listed herein below is surplus property. RESOLUTION AUTHORIZING DONATION OF SURPLUS WASTEWATER CLARIFICATION EQUIPMENT TO CITY OF BOISE Pagel of 2 a. Polychem rectangular wastewater clarifier drive and chain, Chain & Flight model, acquired October 30, 1996 from Goble Sampson Associates, Inc. b. Polychem rectangular wastewater clarifier drive and chain, Chain & Flight model, acquired October 30, 1996 from Goble Sampson Associates, Inc. Section 2. The Mayor and City Council hereby authorize the conveyance of the wastewater clarification equipment listed hereinabove, for no monetary consideration, to the City of Boise. ADOPTED by the City Council of the City of Meridian, Idaho, this 2214 day of vc, f� , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 22"'d day of GLS! '2006. ATTEST: LIM William G. Berg, Jr., City APPROVED: f \�"\JM VT ,Ay de Weerd G' '51 L ��/1107JdJ1 V1491'+���yY RESOLUTION AUTHORIZING DONATION OF SURPLUS WASTEWATER CLARIFICATION EQUIPMENT TO CITY OF BOISE Page 2 of 2 August 18, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT August 22, 2006 ITEM NO. S -H REQUEST Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504003, Ten Mile Road, Franklin Road to Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: _ f� 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 sFwU become properly of the City of Meridian. 41 A G R EE ME NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE ACHD PROJECT NO.504003 THIS AGREEMENT made and entered into this day of Y&A 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and. the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Ten Mile Road from Franklin Road to Cherry Lane, including water and sanitary sewer installations as detailed in Project Number 504003, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Pages 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs installation of sanitary sewer and water lines items from the Contract that are associated sewer and water pipelines. . 3. THE PARTIES HERETO FURTHER AGREE THAT: to District attributable to the or to the removal of any or all with the installation of sanitary a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the .sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof, e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and I. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT f Susan Slaughter 0 William J. Sc�%'eifz6e Senior Administrative Assistant ,,,,, ; Director ATTEST: ;���,�•l OF �F MERIDIAN ZZ William G. Berg, Jr. :,'Q Ts y(.�e Weerd City Clerk ,<,,Mayor STATE OF IDAHO ) Page 4 of 5 ) ss. COUNTY OF ADA ) On this `�'" day of , 2006, before me, a notary Public in and for said state, personally a peared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have .hereunto set my hand and affixed my official seal the day and year first above written. STATE OF IDAHO ss. COUNTY OF ADA Notary Public for I ho, Residing at , Idaho My commission expires: t.4—rC- -Z, "cj On this day of � . 4601.11 , 2006, before me, the undersigned, personally appeared TAMM DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 3 � Gu/t n2'9"C� k Notary Public for Idaho Residing at 122 t2e,, , Idaho My commission expires: 1e, /t Page 5 of 5 RRC.EJV-,* AUG 15 20C, City ®feMdiar, City Clerk pf$cc Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer / CC: File Date: August 14, 2005 Re: Proposed Agenda Item for August 22, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 22 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with ACHD for roadway construction / sewer and water line improvements for ACHD Project 504003, Ten Mile Road, Franklin Road to Cherry Lane The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Roadway Construction / Sewer & Water Line Improvements for ACHD Project 504003, Ten Mile Road, Franklin Road to Cherry Lane and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 0 A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE ACHD PROJECT NO.504003 THIS AGREEMENT made and entered into this day of , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Ten Mile Road from Franklin Road to Cherry Lane, including water and sanitary sewer installations as detailed in Project Number 504003, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs installation of sanitary sewer and water lines items from the Contract that are associated sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: to District attributable to the or to the removal of any or all with the installation of sanitary a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the .sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By. Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor STATE OF IDAHO ) Page 4 of 5 • ) ss. COUNTY OF ADA ) 0 On this day of , 2006, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS. WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of , 2006, before me, the undersigned, personally appeared .TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at My commission expires: Idaho Page 5 of 5 0 August 18, 2006 • MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. 5-I REQUEST Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 603052, Overland Rd, Under Rd to Meridian Rd & ACHD Project 302033 Overland Road and Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • u AGREEMENT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE'IMPROVEMENTS OVERLAND ROAD, LINDER ROAD TO MERIDIAN ROAD ACHD PROJECT NO.603052 OVERLAND ROAD & MERIDIAN ROAD INTERSECTION ACHD PROJECT NO.302033 THIS AGREEMENT made and entered into this day ofa-ay&1, 2006, by .and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Overland Road from Linder Road to Meridian Road and the Overland Road and Meridian Road intersection, including water and sanitary sewer installations as detailed in Project Number 603052 and Project Number 302033, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 6 • c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the -purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 0 0 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement against the other to enforce the terms prevailing party shall be entitled to incurred in said action; be required to commence legal action and conditions of this Agreement, the reasonable attorney's fees and costs h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: aw.. 1 u By -- i lam J. S eitzer Susan Slaughter Senior Administrative Assistant Director ATTEST: O� .QF ME VIDIAN ���,'�,�•l By. .off By. William G. Berg, Jr. T1 Weerd City Clerk '-.,9 �T P , `yor STATE OF IDAHO ) Page 4 of 5 0 0 ) ss. COUNTY OF ADA ) On this `,+ ,- day of y-��,...r- , 2006, before me, a notary public in and for said state, personally ppeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR,of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my. official seal the day and year first above written. •••,,.o•'�,. SLAQ.,��. G +� Notary Public for Idaho M� pUByt o �� Residing at �.. Idaho •,���s`AT •••'••+•••pQ�••• My commission expires: q -r,- 2zbcl of ����• STATE OF IDAHO ) ss. COUNTY OF ADA ) On this I �+ day of _ c � r'��t > ', 2006, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t rGU� (Y1 Notary Public for Idaho Residing at �' �.h , Idaho My commission expires: Page 5 of 5 0 Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer A/c CC: File • AUG 15 2006 City Of Meridian City Clerk Office Date: August 14, 2005 Re: Proposed Agenda Item for August 22, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 22 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with ACHD for roadway construction / sewer and water line improvements for ACHD Project 603052, Overland Road Linder Road to Meridian Road and ACHD Project 302033, Overland Road & Meridian Road Intersection The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Roadway Construction / Sewer & Water Line Improvements for ACHD Project 603052, Overland Road, Linder Road to Meridian Road, and ACHD Project 302033, Overland Road & Meridian Road Intersection and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 0 • A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER &WATER LINE IMPROVEMENTS OVERLAND ROAD, LINDER ROAD TO MERIDIAN ROAD ACHD PROJECT NO.603052 OVERLAND ROAD & MERIDIAN ROAD INTERSECTION ACHD PROJECT NO.302033 THIS AGREEMENT made and entered into this day of , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board. of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Overland Road from Linder Road to Meridian Road and the Overland Road and Meridian Road intersection, including water and sanitary sewer installations as detailed in Project Number 603052 and Project Number 302033, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 0 • c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment .to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 0 0 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, .flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 0 0 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By. Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor STATE OF IDAHO ) Page 4 of 5 0 ) ss. COUNTY OF ADA ) On this day of , 2006, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my. official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of , 2006, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at My commission expires: Idaho Page 5 of 5 9 0 August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. 54 REQUEST Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504043, Eagle Rd, Victory to Ridenbaugh Canal & ACHD Project 303014 Victory Rd and Eagle Road Intersection AGENCY COMMENTS CITY CLERK: CITY ENGINEER: see attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: V-1-1 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 pubfic meetings shall become properly of the City of Meridian. AGREEMENT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS EAGLE ROAD, VICTORY TO THE RIDENBAUGH CANAL ACHD PROJECT NO.504043 VICTORY ROAD S EAGLE ROAD INTERSECTION ACHD PROJECT NO.303014 THIS AGREEMENT made and entered into this- day of3"-gore , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Eagle Road from Victory to the Ridenbaugh Canal and the Victory Road and Eagle Road intersection, including water and sanitary sewer installations as detailed in Project Number 504043 and Project Number 303014, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water lines and the sanitary sewer pipelines as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not .limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL; a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval .will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement against the other to enforce the terms prevailing party shall be entitled to incurred in said action; be required to commence legal action and conditions of this Agreement, the reasonable attorney's fees and costs h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and L This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Susan Slaughter William J. S I Senior Administrative Assistant Director ATTEST: �+�y �� ��-OF MERIDIAN o By- 3 William G. Berg, Jr. �sr n`,�d eerd City Clerk�_ �.A'Mayor STATE OF IDAHO ) Page 4 of 5 ) ss. COUNTY OF ADA ) On this`t'�`` day of , 2006, before me, a notary public in and for said state, personally ap eared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official, seal the day and year first above written. CAAA- O oTAR p •' `� = Notary Public for Igahq Residing at ` , Idaho AUBJ"L My commission expires: - 7 �4- 9 STATE OF IDAHO) ••r®""����+ ) ss. COUNTY OF ADA ) On this day of � +�-�R--�' 2006, before me, the undersigned, personally appeared TAMMY IJEWEEAD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above.written. �h6utn'1 Notary Public for Idaho Residing at. _ /?'Lr (_1� , Idaho My commission expires: Page 5 of 5 0 • AUG 15 2006 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer A—Z CC: File Date: August 14, 2005 Re: Proposed Agenda Item for August 22, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 22 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with ACHD for roadway construction / sewer and water line improvements for ACHD Project 504043, Eagle Road Victory to Ridenbaugh Canal and ACHD Project 303014 Victory Road & Eagle Road Intersection The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Roadway Construction / Sewer & Water Line Improvements for ACHD Project 504043, Eagle Road, Victory to Ridenbaugh Canal and ACHD Project 303014, Victory Road & Eagle Road Intersection and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 • A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS EAGLE ROAD, VICTORY TO THE RIDENBAUG_H CANAL ACHD PROJECT NO.504043 VICTORY ROAD & EAGLE ROAD INTERSECTION ACHD PROJECT NO.303014 THIS AGREEMENT made and entered into this day of , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Eagle Road from Victory to the Ridenbaugh Canal and the Victory Road and Eagle Road intersection, including water and sanitary sewer installations as detailed in Project Number 504043 and Project Number 303014, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water lines and the sanitary sewer .pipelines as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 6 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved fina0 CONTRACT payment estimate; Page 2 of 5 0 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the -boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof, e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 5 i f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By. Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor STATE OF IDAHO ) Page 4 of 5 9 i ) ss. COUNTY OF ADA ) On this day of , 2006, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of , 2006, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: Page 5 of 5 0 • August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. 5-K REQUEST Public Works Changer Order Number 1 for Power and Radio Installation at 3 PRV Sites witih AME Electric AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aFfached 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: Emailed: Marr rnmats: Materials presented at public meetings shag become property of the City of Meridian. Phone: AUG 1 1 2006 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer /KJZ!- CC: File Date: August 14, 2006 Re: Proposed Agenda Item for August 22, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 7 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order Number 1. Power and Radio Installation at 3 PRV Sites: This change order covers the installation of two radios to replace damaged radios, installation of a float switch, and providing one radio to the water department for use as a spare or for troubleshooting. The cost of the change order is $5,675. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 1 for Power and Radio Installation at 3 PRV Sites with AME Electric for a cost of $5,675, and authorzes the Mayor to sign it. This change order covers the installation of two radios to replace damaged radios, installation of a float switch, and providing one radio to the water department for use as a spare or for troubleshooting. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 CHANGE ORDER NO. 1 No. 1 DATE OF ISSUANCE OWNER City of Meridian CONTRACTOR. A.M.E. Electric. CONTRACT: PRV Radio and Power Installation Phase 1 Description: This change order consists of the following work: EFFECTIVE DA • Provide 3 radios and one float switch. Install one radio at Arrowwood and Ustick PRV. Install one radio and one float switch at 5t' and Jamaica PRV. Deliver one radio to Meridian Water Department. CHANGE IN CONTRACT PRICE: Original Contract Price $ 5.675.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 Contract Price prior to this Change Order: $ 25.817.61 Net increase of this Change Order: $ 5.675.00 Contract Price with all approved Change Orders: $ 31.492.61 _RECOMMENDED Ky a Radek, PE Staff Engineer Date: Approved by City Council: APPROVED CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Tammy de Weerd, Mayor Date: ATTEST William G. Berg, Jr., City Clerk Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S -L REQUEST Public Works Change Order No. 1 for the East Ustick Road Widening Project (Design) With Quadrant Consulting, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: V-A*" CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: pfr 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 shag become properly of the City of Meridian. _ T Y Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Date: 8/16/2006 Re: Proposed Agenda Item for August 22, 2006 City Council Meeting AUG 17 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the August 22, 2006 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for the East Ustick Road Widening project (design) Additional work is required for the completion of the East Ustick Road Widening project (design). This change order consists of the following work and amounts to 25.10% of the design contract: Provide record drawings Quadrant Consulting, Inc. submitted a cost for this change order as summarized below: Quadrant Consulting, Inc. $3,000.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the East Ustick Road Widening project (design) with Quadrant Consulting, Inc for $3,000.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. Originals will be sent for signature upon review. 0 Page 1 WORK AUTHORIZATION Date: August 14, 2006 Client Name: City of Meridian Address: 660 E. Watertower, Suite 200 Meridian ID 9364 Billing Address (If different from above): 0 ■■ ■■ Quadrant Consulting, Inc. Number: 253-04 Telephone: 898-5500 Fax: 898-9256 Client Contact Person: Mr. Max knsen Project Name: Ustick Widening - Sanitary Sewer and Water Improvement Record Drawings Services to be Performed: Complete as -built topographic survey of sanitary sewer and domestic water improvements completed during the "Ustick Widening Project" as shown on the approved construction plans dated June 14, 2005. Update the construction plans with as -built information and provide 1 set of full size Mylar Record Drawings, 3 complete sets. of paper copies, two electronic file in ACAD drawing format, and 1 complete set of record drawings in PDF tormat. Drawing su to meet Minimum Requirements as establish y the City of Meridian"Acceptance Of eco ectromcDrawings" a June 9, 2DO6. Method of Payment: Client agrees to pay Quadrant Consulting for services performed on the basis of: f7 A lump sum fee of $ 3000.00 ❑ Other $ ❑ Salary cost times a factor plus incurred expenses as set forth in "Quadrant Consulting Standard Fee Schedule," attached hereto. Estimated maximum fee $ ❑ Salary cost times a factor pins incurred expenses as set forth in "Quadrant Consulting Standard Nee Schedule," attached hereto, not to exceed $ ❑ For extra work, salary cost times a factor plus incurred expenses as set forth in "Quadrant Consulting Standard Fee Schedule," attached hereto. The general understandings applicable to this Work Authorization arc set forth in the Standard Provisions, attached and are made a part hereof. This Work Authorization, together with attached referenced exhibits, represent the entire understanding between Client and Quadrant Consulting and can only be modified by duly executed written instrument. QUADRANT CONSULTING, INC. Accepted: r Title: Principal By: Title: .1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant®quadrant.cc Civil Engineering • Surveying • Construction Management ■■ Quadrant QUADRANT CONSULTING STANDARD PROVISIONS Consulting, Inc. I. Period of Service: Quadrant Consulting (QC) will commence work within ten days of receipt by QC of the executed Agreement and will proceed with said work in a diligent manner to completion. QC will not be responsible for delays caused by factors beyond QC's control and will not be responsible for delays caused by factors which could not reasonably have been foreseen at the time this Agreement was executed. 2. Terms of Payment: Fees for Services will be billed monthly based on the actual services completed. CLIENT shall make prompt monthly payments in response to QC's monthly invoices. If CLIENT objects to any invoice submitted by QC, CLIENT shall so advise QC In writing, giving reasons therefore, within fourteen days of the date on said invoice. If CLIENT We to matte any payment due QC for services and expenses within thirty days of the date on the invoice therefore, the amounts not paid will be considered past due. A delinquency charge of 1-1/2% per month shaft be added to the past due amount, and in addition. QC may suspend services under this Agreement, without liability for delay or for consequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof. If invoices remain outstanding past sixty days, QC shall pursue legal and equitable means to collect the outstanding balance. CLIENT agrees to pay all reasonable attorney's fees, court costs and collection fees incurred by QC in the collection thereof. 3. Payments in Event of Termination: In the event this Agreement is terminated, QC will be compensated for services performed under this Agreement to the date of termination in accordance with the above provisions of payments to QC. If this Agreement is terminated by CLIENT, QC will also be compensated for all reasonable casts and expenses incurred to assemble and close project files and records. 4. Opinions of Cost: Since QC has no control over to cost of labor, materials, equipment or services furnished by others, or over cofactors' methods of determining prices, or other competitive bidding or market conditions, QC's opinions of probable Project or construction costs are to be made on the basis of QC's experience and qualifications and represent QC's judgement as an experienced and qualified professional engineer, familiar with the construction industry; cant QC cannot and does not guarantee that proposals, bids or actual Project or construction costs will not vary from opinions of probable costs prepared by QC. S. Standard of Performance. QC shall perform its services in accordance with generally accepted standards presently maintained by other practicing professionals engaged in the same type of work in the general location of the project. QC makes no other warranty, expressed or implied. 6. Cenrstruction and Safety: QC shall not have authority over or responsibility for the means, methods, oeebniques, sequences or procedures of comstruaionselected by Contractor(s); for safety precautions and programs incident m the work of 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. 7. Reuse of Documents: All documents, including drawings and specifications, prepared by QC pursuant to this Agreement shall remain the property of QC and are instruments of service in respect of the Project. They are not intended or represented to be suitable for rause by CLIENT or others on extensions of the services provided for the intended Project or on any other project. Any reuse without written verification or adaptation by QC for the specific purpose intended will be at CLIENT's role risk and without liability or legal exposure to QC; and CLIENT shalt indemnify and hold harmless QC from all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle QC to further compensation at rates to be agreed upon by CLIENT and QC. Il. Electronic Media Delivery: It is recognized that the CLIENT may, from time to time, request the delivery of and receive copies of drawings on computer disks and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by QC. The information on the electronic media is considered part of QC's instrument of service and shall not be used on other projects, for additions to this project, or for completion of this project by another design professlonal except by agreement in writing and with appropriate compensation to QC. Any such use or reuse by the CLIENT or others, without written verification or CADD adaptation by QC for the specific purpose intended will be at the CLIENT's sole risk and without liability or legal exposure to QC. Furthermore, the CLIENT shaft, to the fullest extent permittod by law, indemnify and hold harmless QC from all claims arising out of or resulting therefrom. Due to the potential drat the information set forth on the computer discs and/or magnetic tapes can be modified by the CLIENT, unintentionally or otherwise, QC reserves the right to remove all reference to its ownership and/or Involvement from each electronic display. The CLIENT slhall be responsible for determining the compatibility of QC's files with the CLIENT's software. QC makes no warranty as to the compatibility of it's files with the CLIENT's software. Because data stored on electronic media can deteriorate undetected, the CLIENT agrees that QC cannot be held liable for the completeness or correctness of the electranhs data atter an accephu" periud of 30 days Ill um the date of delivery of die electronic, files. 9. Undtatim of Liability: Any and all liability, claim for damages, cost of defense, or expenses to be levied against QC will be limited to a sum not to exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater, on account of any injury or damage to persons or property or arising out of any design defect, error, omission, or professional negligence. Further. tine CLIENT agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design, report, or study prepared by QC of auoh limitation of liability and require as a condition precedent to its performing the work a like limitation of liability on their part as against QC. In the event lite CLIENT fails to obtain a like limitation of liability provision as to injury or damage to parsons or property, design defects, errors, omissions, or professional negligence, any liability of QC and/or the CLIENT to such contractor or subcontractor arising outofalleged houry or damage to persons or property, design defects, errors, omissions, or professional negligence shall be allocated between the CLIENT and QC in such a manner that the aggregate liability of QC shall not exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater. 10. Termination: Either parry may terminate this Agreement at any time upon seven days' prior written notice to the other. 11. Attorney's Fees and Expenses: In the event suit or action is instituted w enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, In addition to the costa and disbursements allowed by statutes, such sum as the cow may adjudge reasonable as attorney's flees in such suit or action, in both trial court and appellate courts. 12. Waiver. No waiver of a breach of any covenant, term or condition of this Agreement shaft be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 13. Controlling Law, Jtrrisdledon and Venue: This Agreement shall be governed by the laws of the State of Idaho. Jurisdiction and venue of any dispute hereunder shall be in Ada County, State of Idaho. 14. Successors and Assigns: The covenants, agreements and obligations of this Agreement shaft extend to and be binding upon and inure to the benefit of the partners, heirs, personal representatives and assigns of the patties hereto. Neither CLIENT nor QC shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. Nothing contained in this paragraph shall prevent QC from employing, with prior written consent of CLIENT, such independent professional associates and consultants as QC may deem appropriate to assist in the performance of services hereunder. QUADRANT CONSULTING, INC. CLHM-. Initial:..f5it, Date: —s �'t�'6 Initial: bate: QC WA395AAS • August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S -M REQUEST Water Main Easement Agreement for Grace Assisted Living Phase II by Grace @ Fairview Lakes, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubec meetings shall become properly of the City of Meridian. ADA COUNTY RECORD AVID NAVARRO AMOUNT .00 4 BOISE IDAHO 08/31106 W PM ++ RDEPUTY ECORDED a RAllen EQUEST OF ft of Meridian 106141050 WATER MAIN EASEMENT bi THIS INDENTURE, made this day of 200betweenOa7�%/,�/1/��t! the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXfifl3IT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE ANIS TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, malting repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT W • • 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. @ Flf/ArE14V 4031 LLC - STATE OF IDAHO ) )ss County of Ada On this �_ day of '7 20 before me, the undersigned, a Notary Public in and for said State, personally appeared 2(IA4 --Vd known or identified to me to be the respectively, of the corporation that executed the within instrument, and ac o o at such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. J XM KJ -- NOTARY PUBLIC FOR IDAHO Residing at 09 IV-, ,� %AOTARY Commission Expires: PGOL10 Water Main Easement EASMT WTR PROP C) of GRANTEE: CITY OF MERIDIAN r.� 7�4��- ��� Tammy de, Mayor Attest by William G. Berg, Clerk SEA` f'� T 18T Approved By City Council On: STATE OF IDAHO, : ss. County of Ada On thistday of ��w , 200 before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 00800404 •O• ••• 96A ` ' L 9nu,, (SEAL) • ; NOTARY PUBLIC FOR IDAHO • • �� • � _ . Residing at: M _ [%'CL Commission Expires: '•. jitJA • Water Main Easement EASMT WTR _B CIM AND STRUCTURAL ENGINEERING Exhibit A City of Meridian Waterline Easement No. 1 for Grace Assisted Living A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows: Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as per Comer Perpetuation Record, instrument number 9265307, Ada County Records; thence, along the North-South Centerline of said Section 6, South 00°20'01" West, 1301.12 feet, to the Northwest Comer of said Lot 4, Block 1; thence along the North Line thereof, South 89053'08" East, 602.99 feet, to the POINT OF BEGINNING; thence continuing along said North Line, South 89°53'08" East, 20.00 feet; thence South 000232T' West, 73.40 feet, to a point on the northernmost line of a hammerhead Cul -de -Sac at the westerly end of E. Clarene Street, as shown on said Plat of Devon Park Subdivision No. 2, and as noted on Deed Inst. No. 1021277142; thence along the northernmost Line of said hammerhead Cul -de -Sac, North 89036'33" West, 20.00 feet; thence North 00023'27" East, 73.30 feet, to the POINT OF BEGINNING. Containing 1467 square feet, more or less. ILAA g �'�+,5 q�'�'tS7 �'�O ��► p:\Tamu &Doug\Grace Assisted Ruing\Drawiggs\Swveyq)esctipdo"s\=4 WataIim Emma ut Moe August S, 2006 Treasure Valley ]fin sneers, Inc. Office: (208) 463 -0 305 1204 6''. Street North Fax. (208) 463-4391 Nampa, Idaho 83687 www,TVEine.com Paoa 4 of Q lqw CENTER 1/4 CORNER EXHIBIT B SECTION 6 CP&F NO. 9265307 CITY OF MERIDIAN WATERLINE EASEMENT EASEMENT No. 1 Z602.99' MERIDIAN PLACE SUBDIVISION NO. 1 (BLOCK 2) S 89'53'08" E 666.99' i 44.00i POINT OF BEGINNING MI I I ^I In I I I DEVON PARK SUBDIVISION No. 2 ( I SETTLERS VILLAGE (BLOCK 4) BOOK 91, PAGE 10654 BLOCK 1. LOT 4 I WITHIN THE SW1/4SE1/4, SECTION6, j`) I h T3N, R1E, B.M., CITY OF MERIDIAN, NI I N ADA COUNTY, IDAHO NI I N bl I a zi I N I I I _ 20.00 I I n b. N89'36'33"W 36.00' $ I I a 7fG N NI 1 = 20' U ate~ o I DEEDED TO ACHD INSTRUMENT NO. 102127142 E. CLARENE STREET PROJECT: GRACE ASSISTED LIVING CLIENT: DOUG TAMURA M646LRE VALLEYarc � aoaansrr�'nr�rr+ f DWG # 1867-06 PROJECT# WITHIN LOT 4, BLOCK 1, AAWa IDAHO ASW ray DEVON PARK SUB. No. 2 "' Fr") maanoBmcm oso24 WATERLINE EASEMENT•vas SHEET 1 OF, WATE: —._• - -.K CTM AND STRUCTURAL EWMEMG Exhibit A .,ity of Meridian Waterline Easement No. 2 for Grace Assisted Living A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter of the Southeast Quarter (SWI /4SE1/4) of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows: Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as per Comer Perpetuation Record, instrument number 9265307, Ada County Records; thence, along the North-South Centerline of said Section 6, South 00°20'01" West, 1301.12 feet, to the Northwest Comer of said Lot 4, Block 1; thence along the North Line thereof, South 89053'08" East, 602.99 feet; thence South 00°2327" West, 203.30 feet, to the southwesterly Comer of a hammerhead Cul -de -Sac at the westerly end of E. Clarene Street, as shown on said Plat of Devon Park Subdivision No. 2, and as noted on Deed Inst. No. 1021277142; thence along the southernmost Line of said hammerhead Cul -de -Sac, South 89036'33" East, 15.00 feet, to the POINT OF BEGINNING; thence continuing along the southemmost Line of said hammerhead Cul -de -Sac, South 8903633" East, 20.00 feet; thence South 00"23'27" West, 88.05 feet; thence North 89"53'08" West, 127.56 feet; thence North 81006'38n West, 45.88 feet, to a point on the northeasterly line of a certain "Sewer/Water Easement", as shown and granted on the Plat of said Devon Park Subdivision No. 2; thence along said northwesterly Line, North 45000'00" West, 33.94 feet; thence South 81006'38" East, 71.76 feet; thence South 89053'08" East, 106.12 feet; thence North 00°23'27" East, 68.15 feet, to the POINT OF BEGINNING. Containing 5075 square feet, more or less. PATamum-DougWam Assisted iivin�wings\Su vgMescdpdonsWM4 Waterline Fasemat 2.doc August 8, 2006 Treasure 'Valley Engineers, lac. Office: (208) 463-0305 1204 6'. Street North Fax: (208) 463-4391 Nampa, Idaho 83687 www.TVEInc.com - LSCE TER 1/4 CORNER•► EXHIBIT 8 1p TION 6 F NO. 9265307 CITY OF MERIDIAN WATERLINE EASEMENT S 00+20'01" W EASEMENT No. 2 MERIDIAN PLACE SUBDIVISION NO. 1301.12' N89.53'08"W 666.99' (BLOCK 2) -rirrorr�--��--�rrrrrrrr-�---�•r 602.99' 1 I •• - I j I I I I I I I II I DEVON PARK SUBDIVISION No. 2 1 I i BOOK 91, PAGE 10854 BLOCK 1, LOT 4 I 1 WITHIN THE SW1 /4SE1 /4, SECTION6,' _� 1 w T3N, R1E, B.M., CITY -OF MERIDIAN, N�°° I I ADA COUNTY, IDAHO II 1 +1 pL LAXb I S sGG15�RE �� 31 E. CLARENE STREET - n I DEEDED TO ACRD I a INSTRUMENT NO. 102127142 1 0.1Y` 9- e-CSG POINT OF I I BEGINNING N_89'36' 33"W 15.00' 1 20.00' I $8936'33"E I I I I WI I;fj 1 1"=40' it 'o DRAINAGE Nin ; ao I EASEMENT PER PLAT oigo ro I 1 �ix'.----------------------------------- S8953'08"E -----10-6-.1-2-'` ----------- 4, ------`-Is- N �II 1 1 �: j4r NB106',38"Wo �4�OW 9`----T --------------- }- ---- a10 N89'53'08"W 127.56' 1 PROJECT: CLIENT:V��MffM � DWG GRACE ASSISTED LIVING DOUG TAMURA I Y l 12MMSMINMORM 1867-06 WITHIN LOT 4, BLOCK 1, ~A003PROJECT# DEVON PARK SUB. No. 2 'Q,: ;; FAK9X)4 -Ml 06024 WATERLINE EASEMENT DATE: 8/8/06 Wry ��" '' 1E OF x ' t CIM AM STRUCTURAL RNGWERRING Exhibit A City of Meridian Waterline Easement No. 3 for Grace Assisted Living A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows: Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as per Comer Perpetuation Record, instrument number 9265307, Ada County Records; thence, along the North-South Centerline of said Section 6, South 00020'01" West, 1301.12 feet, to the Northwest Corner of said Lot 4, Block 1; thence, along the West Line thereof, South 00120'01" West, 325.00 feet, to the Southwest Corner of said Lot 4, Block 1; thence, along the South Line thereof, North 90000'00" East, 103.10 feet; thence North 001000'00" West, 28.19 feet, to the POINT OF BEGINNING; thence North 00000'00" West, 36.50 feet; thence North 90000'00" East, 49.50 feet, to a point on the westerly Line of a certain "Sewer/Water Easement", as shown and granted on said Devon Park Subdivision No. 2 Plat; thence along said westerly Line, South 00°20'01" West, 20.00 feet; thence North 90000'00" West, 21.38 feet; thence South 00000'00" East, 16.50 feet; thence North 90°00'00" West, 28.00 feet, to the POINT OF BEGINNING. Containing 1451 square feet, more or less. P:\Tamura-Doug\Grace Assisted Living\Drawings\Suzvay\D=npW=\06024 Waterlm Fasement Moe August 8, 2006 Treasure Fuller En &eers, ,Jnc. Office: (208) 463-0305 1204 6`". Street North Fax. (`08) 463-439) Nampa, Idaho 83687 t~.TVEInc.com OR r� T Z w LLJW W wM z J O m wZ LLL LLJ x,0 d w FW W m LLO U M„ 60,OZ.00S h Ml W z O n M„ 1O,OZ.00s -i ,00'OZ i I I O' a? r I?'" Q, w 1 O1 01. z� ,O- S 9 1 JOL 3„00,00-00S Im ©� � iWcn- 19 I Z, o,p I O cd C5 —�—_-- Naz -1 — I ,OS'9� I I _ _ ..... ............, M„00,00.00N M „00,00.001 N� z O - U Z it QU')� I 0 s W Q.Q- U- m� vi_� Q r V Z z �'� N� Y\ -Q � I I z YAC) 8 aomwmQ _z�, © ulI �� W Omz x LU z ., _ — ,00'SZ€ M-„ IO,OZ.00S 0 N R �b ^ 610 w Q tD O a V m O Q 0 0 -N z ~ 5 Uzw W m aj .n d W � w Y -J d J LLI 0: U Z N v X f' S} L9Lj w CL 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File 0 City of Meridian Public Works Dept. Date: 8/11/2006 Re: Proposed Agenda Items for 8/22/06 City Council Meeting AUG 15 2000 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 8/22/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Grace Assisted Living Phase 11 by Grace - Fairview Lakes LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Grace Assisted Living Phase II by Grace @ Fairview Lakes LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT �Sr �e THIS INDENTURE, made this day of , 20Qbetween�Ffi7kiJ/, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties 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 flowerswithin the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR 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. h1&11 AEtc I CLC' STATE OF IDAHO ) ) ss County of Ada ) L On this 7 day of R 2_, before me, the undersigned, a Notary Public in and for said State, personally appeared �i —and . known or identified to me to be the Vacofta�ednlome respectively, of the corporation that executed the within instrument, andat such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTAR),1 -•- PUB LlG 4A R', - NOTARY PUBLIC FOR IDAHO Residing at & i c-& , Wcji-6 Commission Expires: /JI --,,I)- - %D Water Main Easement EASMT WTR • 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 , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. - (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR Exhibit A City of Meridian Waterline Easement No. 1 for Grace Assisted Living A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows: Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as per Comer Perpetuation Record, instrument number 9265307, Ada County Records; thence, along the North-South Centerline of said Section 6, South 00020'01" West, 1301.12 feet, to the Northwest Comer of said Lot 4, Block 1; thence along the North Line thereof, South 89053'08" East, 602.99 feet, to the POINT OF BEGINNING; thence continuing along said North Line, South 89053'08" East, 20.00 feet; thence South 00°2327" West, 73.40 feet, to a point on the northernmost line of a hammerhead Cul -de -Sac at the westerly end of E. Clarene Street, as shown on said Plat of Devon Park Subdivision No. 2, and as noted on Deed Inst. No. 1021277142; thence along the northernmost Line of said hammerhead Cul -de -Sac, North 89036'33" West, 20.00 feet; thence North 00023'27" East, 73.30 feet, to the POINT OF BEGINNING. Containing 1467 square feet, more or less. T G. Hl P:\Tamura-Doug\Grace Assisted Living\Drawings\Suivey\Descriptio-\06024 Waterline Easement l.doc August 8, 2006 Treasure Valicy Engineers, Inc. Office: (248) 463-0305 1204 6"h. Street North Fax. (248) 463-4391 Pampa, Idaho 83887 v,ww.TVEinc.corn CENTER 1/4 CORNER mwEXHIBIT B SECTION 6 CP&F NO. 9265307 CITY OF MERIDIAN WATERLINE EASEMENT EASEMENT No. 1 S 00'20'01" W 1301.12' MERIDIAN PLACE SUBDIVISION NO. 1 S 89'53'08" E 666.99' (BLOCK 2) 602.99' I 20.00' 44.00' — — POINT OF BEGINNING I_ I nI I4 i DEVON PARK SUBDIVISION No. 2 1 1 I SETTLERSVILLAGE BOOK 91, PAGE 10854 wy I (BLOCK 4 ) BLOCK 1, LOT 4 WITHIN THE SW1 /4SE1 /4, SECTION6, T3N, R1E, B.M., CITY OF MERIDIAN, cvl I cv ADA COUNTY, IDAHO NI I N of I o 01 I O z I I cn I I 20.00' N89'36'33"W 36.00' 4�t L LAiVD514 i. 1"= 20' 0 0 0 �I ` OF DEEDED TO ACHD INSTRUMENT NO. 102127142 E. CLARENE STREET PROJECT: CLIENT: DWG # djj� TRE4SURE VALLEYENG/NEERS, INC GRACE ASSISTED LIVING DOUG TAMURA Vt l� 12046HtSTREETNORM 1867-06 11u�u11�� NAWA IDAHO 8307 PROJECT# WITHIN LOT 4, BLOCK 1, (M) 463,0305 DEVON PARK SUB. No. 2Fi4X(2�)4634391 06024 maff@ E&mcvm WATERLINE EASEMENT °''Gw s'PtA"nr�rts'suRv�r°Rs ,SfrOUR VoWSIM *ww.nEmc m SHEET DATE: 8/8/06 1 OF 1 64� 01 WVAUEYEq _ rr CIVIL AND STRUCTURAL ENGINEERING Exhibit A City of Meridian Waterline Easement No. 2 for Grace Assisted Living A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows: - Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as per Comer Perpetuation Record, instrument number 9265307, Ada County Records; thence, along the North-South Centerline of said Section 6, South 00020'01" West, 1301.12 feet, to the Northwest Comer of said Lot 4, Block 1; thence along the North Line thereof, South 89053'08" East, 602.99 feet; thence South 00023'27" West, 203.30 feet, to the southwesterly Comer of a hammerhead Cul -de -Sac at the westerly end of E. Clarene Street, as shown on said Plat of Devon Park Subdivision No. 2, and as noted on Deed Inst. No. 1021277142; thence along the southernmost Line of said hammerhead Cul -de -Sac, South 89036'33" East, 15.00 feet, to the POINT OF BEGINNING; thence continuing along the southernmost Line of said hammerhead Cul -de -Sac, South 8903633" East, 20.00 feet; thence South 00023'27" West, 88.05 feet; thence North 89053'08" West, 127.56 feet; thence North 81006'38" West, 45.88 feet, to a point on the northeasterly line of a certain "Sewer/Water Easement", as shown and granted on the Plat of said Devon Park Subdivision No. 2; thence along said northwesterly Line, North 45000'00" West, 33.94 feet; thence South 81006'38" East, 71.76 feet;, thence South 89053'08" East, 106.12 feet; thence North 00023'27" East, 68.15 feet, to the POINT OF BEGINNING. Containing 5075 square feet, more or less. P:\Tamura-Doug\Grace Assisted Living\Drawings\Survq\Descriptions\06024 Waterline Easement 2.doc August 8, 2006 Treasure Valley Engineers, Inc. Office: (208) 463-0305 1244 6'. Street ?forth Fax: (208) 463-4391 Nampa, Idaho 836587 www.iVEinc.com 1" Q V) W Y J V4 CENTER1/4 CORNEW EXHIBIT B 1p SECTION 6 CP&F NO. 9265307 CITY OF MERIDIAN WATERLINE EASEMENT S 00'20'01" W EASEMENT No. 2 MERIDIAN PLACE SUBDIVISION NO. 1301.12' N89'53'08"W 666.99' (BLOCK 2) -- -- -- 602.99' -�---I - - -�-- I I I 1 ---------------------- I I I I I I Lu I I I I I I 1 J ^ DEVON PARK SUBDIVISION No. 2 i i I I> BOOK 91, PAGE 10854 o BLOCK 1, LOT 4 0 I l In v WITHIN THE SW1 /4SE1 /4, SECTION6, o l _i I 1 W I I T3N, R1E, B.M., CITY OF MERIDIAN, IN ADA COUNTY, IDAHO 1 1 I 1 I I 1 1 ' NL LANDS, STE,p' E. CLARENE STREET DEEDED TO ACHD ;v INSTRUMENT NO. 1 021 271 42 o voi 1 T g - POINT OFL�89-36' I 1 BEGINNING 33"W I 1 Lor I 15.00' 20.00' I I I I S89'36'33"E I wl I I 1 I� 1 = 40' DRAINAGE vlkIo coo EASEMENT McQ IS PER PLAT oico ___ ___ I -------SEMM — VLL-.M _ 581'06,3 I 1 (Haat 3) /LAS. app\ j,71.7g'—E S89'53'08"E 106.12' I N tm 2 \9TF 'L Nal -06'38" i o A \�� S� 9� 4s•s_a' _W I I ----------,--b --------------------- -AO I 1 N89'53 08 W 127.56' 1 PROJECT: CLIENT: DWG # GRACE ASSISTED LIVING DOUG TAMURA �i1rnEASUREVAURYaMNEERS,INC . Vc�jj12046th STREET NORTH 1867-06 WITHIN LOT 4, BLOCK 1, �1 ~A'IDAH0830' PROJECT# (206) 463-0305 DEVON PARK SUB. No. 2 FAxr2o6)a63a3s� 06024 GNEFRS•PLAAMNERS•SURVEYORS WATERLINE EASEMENT pq-�: 8/8/06 &VVlsrrouRwmsREwww.TVEbacam SHEET 1 of 1 ANG CIVIL AND STRUCTURAL ENGINEERING Exhibit A City of Meridian Waterline Easement No. 3 for Grace Assisted Living A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows: Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as per Comer Perpetuation Record, instrument number 9265307, Ada County Records; thence, along the North-South Centerline of said Section 6, South 00020'01" West, 1301.12 feet, to the Northwest Comer of said Lot 4, Block 1; thence, along the West Line thereof, South 00020'01" West, 325.00 feet, to the Southwest Comer of said Lot 4, Block 1; thence, along the South Line thereof, North 90000'00" East, 103.10 feet; thence North 00°00'00" West, 28.19 feet, to the POINT OF BEGINNING; thence North 00000'00" West, 36.50 feet; thence North 90000'00" East, 49.50 feet, to a point on the westerly Line of a certain "Sewer/Water Easement", as shown and granted on said Devon Park Subdivision No. 2 Plat; thence along said westerly Line, South 00°20'01" West, 20.00 feet; thence North 90000'00" West, 21.38 feet; thence South 00000'00" East, 16.50 feet; thence North 90000'00" West, 28.00 feet, to the POINT OF BEGINNING. Containing 1451 square feet, more or less LAAtb�, 0 G. Pili ,8 `0 6. P:\Tamura-Doug\Grace Assisted Living\Dmwmgs\Survq\Descriptions\06024 Waterline Easement 3.doc August 8, 2006 Treasure Valley Engineers, Inc. Office: (208) 463-{ 305 1204 6"h. Street North Fax, (208) 463-4391 Nampa, Idaho 83687 www.TVE)nc.com LLW 1M W IJ..I I- — Z w G �- W Q W W z J Q LL z — Q ~ Z w z:2 W w 0 o Q Z I— �w <z g 0w C) �" 0 r-� il. I I I xZ I I l II 3-.:2 I I w� I � I WUJ� I I I I I I I M„ LO,OZ.00S I I I —,00'oz I 0 CN OIll� (- I oIN i 0. z l ,05'9 l I o I �o . 3.0 ,00.00S �� I of la ZI to I I zI 0IO �I0 —I ----01 VIz I -- -L:8Z I M 00 00.00 N M 00 00 00 A 0 N II ^�owo 3 =o W^ V Q D Z C9 D N Q o O � o W Z,t Ul O �m�Nl, I O uj r -S –>_ LiZ II O •- O O O re)M p0 co<U)LL,�� o ole L) rn va Z I- Z I I S I \ to Yrn�N�0 OW Z ZZ QYm Wm0 dm Z LL.Zm �Li — U LLJ OLLI Z U V) U -- 0 t+Zj F - ,Z L' LM M,jO,OZ.00S ,00'SZ2 M-„LO,OZ.00S 0 N II ^�owo 3 =o W^ V Q D o Rol m C9 D O _- N > Y Z O V Z W M V) LLI Q (~ W Y Lf) Ld Q O Q .- x U ZZIW- v~ OLLI < o �r a August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S -N REQUEST Water Main Easement Agreement for Haz-Tech Subdivision with Frey, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORD DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08/31/05 3 PM DEPUTY Allen RECORDED -REQUEST OF ii I City of Meridien 106141049 &TER MAIN EASEMENT THIS INDENTURE, made this ��G day of 4 20l between i(''E `% L 4e-- , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, T WM FORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way ightof-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, malting repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to OW existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or He within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof; shall cease and become null and void and of no finther effect and shall be completely relinquished. Water Main Easement Frey_Easmt Wtr Main 1344 t. 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 lawfal might 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 subscnbe their signatures the day and year first herein above written. GRANTOR: FLEEY,, STATE OF IDAHO ) ) ss County of Ada ) On this day ofP. 20 �� before me, the u�dersigaed, a Notary Public in and for said State, personally ap ./stcr— A Y adye. ___pd go le. I�'�ir t�/_, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written_ (SEA�,,A..R,��,,., cy4�s•' �OTAQ %0 of' xTox, Water Maim Easement Frey_Easmt Wtr Main fte—Ql of 5 0 0 GRANTEE; MY OF MERIDIAN Tammy de W06 yor SLIM ( �e, -r7 A� Attest by William G. Ilergitityberk ft7 Approved By City Council On. tk1kVVAj"jX STATE OF IDAHO, : ss. County Of Ada -. Of . -f On this j 6`—da:y 20 before me the undersigned, a Of Notary Public in and for said State, personally ap TAMMY DE WEERD;�d7 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 FORAHO Residing at: 11'7 j�j!7� V-0 Commission Expires: /G—/, — I I Water Main Easement Frey Aasmt-Wtr�-Mak Peff a ? ) nt 15 0 TEALEY'S LAND SURVEYING Project No.: 2973 Date: July 24, 2006 • 2501 Bogus Basin Rd. • Boise. FCaho 83702 (208) 385 -OF., -3 Fax (208) 3E5 -G596 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR FREY, LLC A parcel of land being a portion of Lot 2 of Block 1 of Haz-Tec Subdivision as on file in Book 9b of Plats at Pages 10483 and 10484 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the SE 1/4 of Section 11, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast corner of said Lot 2; thence along the East line of said Lot 2 North 0058'55° West 24.00 feet to the POINT OF BEGINNING; thence leaving said East line of Lot 2 along a line parallel with the South line of said Lot 2 South 89°30'19" West 27.00 feet to a point; thence along a line parallel with the East line of said Lot 2 North 00058'55" West 25.00 feet to a point; thence along a line parallel with the South line of said Lot 2 North 89°30'19" East 27.00 feet to a point on said East line of Lot 2; thence along said East line South 0005855" East 25.00 feet to the POINT OF BEGINNING. Said Easement contains 675 Square Feet, more or less. 2973-exhibitA-waterease.doc - dnm 4 G� N. JL 0 10 20 40 SCALE IN FEET I" = 20' r 5 -EXHIBIT "B" WATER LINE EASEMENT EXHIBIT FOR FREY, LLC LOT 2, BLOCK I, HAZ-TEC SUBDIVISION, LYING IN THE SE 1/4, SECTION 11, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO ZD Ci N CO w l UN UN ..... m co Ln U`Io 0 j N 89030'19" ' 27.00 / = WATER SERVICE N of cc0 a z I FIRE SERVICE S 89 030'19' 27.00' 24' BLANKET SANITARY SEWER MARC 0 N LANE AND WATER EASEEMNT. (PRIVATE) INSTRUMENT N0. /02148793 S 89 *30'19" W 240.00' DEVELOPER/OWNER: FREY, LLC c/o R. KIRK REILLY (208) 378-8713 845 WEST ROLLINS STREET BOISE, IDAHO 83706 2973—waterease.dwg 07-24-06 11:4512 anw 2' WITNESS CORNER SE CORNER LOT 2 EXIST. 8" COMMERCIAL SERVICE w/BLOWOFF (POINT OF j BEGINNING S 89030,191, W 358.51' LI Memo To: Mayor De Weerd & City Council City of Meridian Public Works Dept. ILECEj�7ED AUG 17 2006 From: Karie Glenn Cl ty of d - CC: File Date: 8/17/2006 Re: Proposed Agenda Items for 8/22/06 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/22/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Frey LCC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Frey LCC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 I] WATER MAIN EASEMENT • THIS INDENTURE, made this 96iday of -y . 20 406 between ��C�V- C LC— the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second park and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way ightof-way for an easement for the construction, operation, maintenance, repair, replacement of a waxer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of:, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished Water Main Easement Frey_Easmt Wtr Main THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR Fl76 Y STATE OF IDAHO ) ) ss County of Ada ) On this az:�!�i day of J206A before me, thedersigued, a Notary Public in and for said State, personally app d ' . /s4e A yuac, and ;go K -'«W , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,OTA k k :�;A. PUBO, OF 19�.���• Residing at Commission Expires: Water Main Easement Frey _Easmt Wtr Main 0 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 oay of . 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Mam Easement Frey_Easmt WtrMain • Project No.: 2973 Date: July 24, 2006 • 2501 Bogus Basin Rd. a Boise, Idaho 83702 (208) 335-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR FREY, LLC A parcel of land being a portion of Lot 2 of Block 1 of Haz-Tec Subdivision as on file in Book 90 of Plats at Pages 10483 and 10484 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the SE 1/4 of Section 11, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast comer of said Lot 2; thence along the East line of said Lot .2 North 00°5855" West 24.00 feet to the POINT OF BEGINNING; thence leaving said East line of Lot 2 along a line parallel with the South line of said Lot 2 South 89030'19" West 27.00 feet to a point; thence along a line parallel with the East line of said Lot 2 North 00°58'55" West 25.00 feet to a point; thence along a line parallel with the South line of said Lot 2 North 89°30'19" East 27.00 feet to a point on said East line of Lot 2; thence along said East line South 00058'55" East 25.00 feet to the POINT OF BEGINNING. Said Easement contains 675 Square Feet, more or less. 5630' 11 2973-exhibitA-waterease.doc - dnm • August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S -O REQUEST Streetlight Agreement for Settlement Bridge No. 4 With Capital Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See allached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ✓v MERIDIAN SCHOOL DISTRICT: iv(f ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHE' Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORWhDAVID NAVARRO AMOUNT .00 BOISE IDAHO 08131108W;23 PM PUTY VloW Allen RECORDED—REQUEST REQUEST OF III IiIIlII�IIIISI lIlIIIlIIIIlIIl ��� N Muldlan 52 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #4 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Capital Development inc has provided 4e& _jiggle had 100watt street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #4 in Meridian, Idaho. The parties acknowledge that the 4ea. Lin-We-100watt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof; that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 40--s—%& Aatt street lights located in Settlement Bridge #4 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide anymaintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail oto' type. S. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT . page 1 t 5 This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. ATTEST: William G. Berg, Jr., ATTEST: LL�-�- . - STREET LIGHT AGREEMENT NOW CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho LO Mayon' Weerd 4 922-cClo Capital Development Inc. By Page 2 + 3 0 0 ss. County of Ada, ) On this L�day of�' 20 O� , before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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 STATE OF ,) : ss. County of ,) �hmm NOTARY PUBLIC FOR IDAHO RESIDING AT [199,_ id MY COMMISSION EXPIRES ld -tom 6 On this '3 J day of 20 Div , before me, the undersigned, a Notary Public in and for said State, peAonally appeared P-4a,*t�00- V s CT.rt and known to me to be the Presi ent and Secretary of ., and who executed the within instrument on behalf of said co tion, and acknowledged to me that said corporation 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 6 gA- � .'It aw'z2z - . NOTARY P1 F IDAHO RESIDING AT Z MY COMMISSION EXPIRES 0!YCONMUSSION FJ3U= Jane a, 2012 STREET LIGHT AGREEMENT Page 3 t 2) r: Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/15/2006 F- -I LJ City of Meridian Public Works Dept. Re: Proposed Agenda Items for 8/22/06 City Council Meeting AUG 17 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 8/22/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Settlement Bridge #4 by Capital Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #4 by Capital Development and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Settlement Bridge #5 by Capital Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #5 by Capital Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 LJ STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #4 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Capital Development inc has provided 4ea. single head 100watt street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #4 in Meridian, Idaho. The parties acknowledge that the 4ea. single head 100watt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, or its heirs, Successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 4ea. single head 100watt street lights located in Settlement Bridge #4 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT page 1 1-1 0 • This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20 ATTEST: MriIliam G. Berg, Jr., City Clerk ATTEST: Secr STREET LIGHT AGREEMENT CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho LO Capital Development Inc. :A Mayor, DeWeerd Page 2 0 ss. County of Ada, On this —day of 2 20_____, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk 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 STATE OF ,) : ss. County of ,) NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMiVIISSION EXPIRES On this 3 i day ofr , 20 oiv , before me, the undersigned, a Notary Public in and for said Stateonally appeared v�_ y oy-,1,4and known to me to be the Pres' ent and Secretary of k2l Aidf .,And who executed the within instrument on behalf of said co ration, and ac owledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written- 0%%111111401 ritten. �p,P GRY� A j�roe SEAL o ° ,�AoTARy e ° s m P e STREET LIGHT AGREEMENT NOTARY PUBLIC FM IDAHO RESIDING AT Z F) MY COMMISSION ESS M' CONMUMON EXPEM June s, 2012 s®f�D'SflRtt x���x �ueT:tc mv!a�a•!�e*e _ Page 3 0 • August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. 5-P REQUEST Streetlight Agreement for Settlement Bridge No. 5 with Capital Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Matelots presented at pub8c meetings shag become property of the City of Meridian. ADA COUNTY RECORDSI&OAYID NAVARRO AMOUNT .00 POISE IDAHO 08/31106 W PM DEPUTY VICW Allen RECORDED -REQUEST OF III IIIIIIIIIiIIIIIIIIIIIIIIIIIII II III CIV of Merldien 106141051 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge 05 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Capital Development inc has provided Sea s" _ e head 1 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #5 in Meridian, Idaho. The parties acknowledge that the Sea. singlg had 140watt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is fiuther agreed that Capital Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 3gasingle head 100watt street lights located in Settlement Bridge #5 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 • This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. ATTEST: G. Berg, Jr., ATTEST: Secrkarf if Dated this day of At 20 aO CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho Mayoi, DeWeerd Capital Development Inc. By STREET LIGHT AGREEMENT Page 2 k S3. County of Ada, ) On this y of , . 20 p , before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk 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 STATE OF ,) ss. County of ,) slh"rn&�� NOTARY PUBLIC FOR IDAHO RESIDING AT jTL jam, Jd MY CONSUSSION EXPIRES (D--/S- On this 3-1- day of, 20_&, before me, the undersigned, a Notary Public in and for said State, p onally appeareda-s and VO&Y-; cr a,sn,.` known to me to be the Pr "dent and Secretary of ri i -Df ve Lv X d r and who executed the within instrument on behalf of said corporation, and acienowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sal the day and year first above written. SEAL NOTARY PUBLIC FM IDAHO RESIDING AT Bay s eY ., _ p MY COMMISSION EXPIRES •nrao � bme 8, 2012 fl�il=ARY PUBLIC UNDERWERM STREET LIGHT AGREEMENT Page 3 OU 5 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/15/2006 0 City of Meridian Public Works Dept. Re: Proposed Agenda Items for 8/22/06 City Council Meeting AUG 17 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 8/22/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Settlement Bridge #4 by Capital Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #4 by Capital Development and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Settlement Bridge #5 by Capital Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for . Settlement Bridge #5 by Capital Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #5 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 01 I. Capital Development inc has provided 3ea. single head 100watt street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #5 in Meridian, Idaho. The parties acknowledge that the 3ea. single head 100watt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 3ea. single head 100watt street lights located in Settlement Bridge #5 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 C This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 24 ATTEST: William G. Berg, Jr., City Clerk ATTEST: Secy CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho Mayor, DeWeerd Capital Development Inc. STREET LIGHT AGREEMENT Page 2 : ss. County of Ada, On this —day of . 20___, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk 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 MY COMMISSION EXPIRES STATE OF ,) : ss. County of ,) On this 31 day of 20_(2:V , before me, the undersigned, a Notary Public in and for said State, p sonally appeared �Z.u,-„� yr,;r� "Sand L 1 ora, ets�n known to me to be the President and Secretary of L-6 T),, vPAA. ,, r, ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation 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 = t�O'TARy NOTARY PUBLIC F IDAHO RESIDING AT 'goi s e_; =D MY COMMISSION EXPIRES MY cooN Jane 8, 2012 BONM TMW NOTARY PUBLIC tMMMMETM STREET LIGHT AGREEMENT Page 3 r,� August 18, 2006 SHP 06-001 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Monterey, LLC ITEM NO. 5-Q REQUEST Request for Short Plat Approval for Hastings Subdivision No. 1 consisting of 4 commercial office building lots on 1.57 acres in a propsed L -O zone AGENCY COMMENTS CITY CLERK: See altached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: VA CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: oe 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: bwml� Date: g Phone: Emailed: q $ t- ,�engnw, Cows Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. �0 CITY OF .._ IDAHO CE %6t TREASUREVt`t'1•1903 E't fldnrtin� MAY 2 6 2006 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 TY CLERK - FAX 888-4218 CITY ATTORNEY/HR - FAX 884-8723 - FINANCE & UIIM Y BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 City Of Meridian MAYOR City Clerk Office Tammy de Weerd April 19, 2006 CrrY COUNCIL MEMBERS Keith Bird Charles M. Rountree Shaun Wardle Mr. Gene Smith Christine Donnell Engineering Northwest 423 N. Ancestor Place, Ste. 180 CrrY DEPARTMENTS Boise, ID 83704 Fire 540 E. Franklin Road RE: Short Plat for Hastings Subdivision No. 1 888-1234 / fax 895-0390 Dear Mr. Smith: Parks & Recreation Per the findings of the attached staff -report for Hastings Subdivision No. 1, I am 11 W. Bower Street granting approval of the short plat for this project. 888-3579 / fax 888-6854 The short plat shall become null and void if the applicant fails to record the plat Planning &Zoning within one year of the approval date of this letter per Unified Development Code E. Watertower Lane (UDC) ll -6B -7A- An extension of time may be approved if needed under the Sui Suite 202 provisions stated in UDC 11 -6B -7C. 884-5533 / fax 888-6854 Thea applicant, cant, Director, or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision. All requests shall be Police filed in writing with the Planning Department within fifteen (15) days of the date of 1401 E. Watertower Lane this letter and comply with the provisions of UDC 11 -5A -6B. 888-6678 / fax 846-7366 Please note that approval of this plat is contingent upon City Council approval of the Public Works rezone of the property to the L -O zoning district. Building permits will not be issued 660 E. Watertower Lane for any lots within this subdivision nor will the plat be signed. by the City Engineer Suite 200 until the rezone has been approved b C' Council. pp Y rtY 898-5500 / fax 895-9551 - Building If you should have any questions regarding this matter, please don't hesitate to call 660 E. Watertower Lane Sonya Watters at 884-5533. Suite 150 887-2211 / fax 887-1297 S mcerelv.,1 Wastewater 3401 N. Ten Mile Road 4orchers 888-2191 / fax 884-0744 Canning, AICP Water Planning Director 2235 N. W. 8th Street 888-5242 / fax 8841159 cc: Ada County Highway District CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 TY CLERK - FAX 888-4218 CITY ATTORNEY/HR - FAX 884-8723 - FINANCE & UIIM Y BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 l (1 CITY OF MERIDIAN ANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: Anna Canning, Planning Director FROM: Sonya Watters, Assistant City Planner X4 Michael Cole, Development Services Coordinator DATE: April 19, 2006 SUBJECT: Hastings Subdivision No. 1 t F13., "0 � Ill G Request for Short Plat Approval of Hastings Subdivision No. 1 Consisting of 4 Commercial Office Building Lots on 1.57 Acres in a proposed L -O Zone by Monterey, LLC (File# SHP-06-001) We have reviewed this submittal and offer the following comments, as 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, Monterey, LLC, has applied for short plat approval of 4 commercial office building lots on 1.57 acres in a proposed L -O zone for Hastings Subdivision No. 1. Hastings Subdivision is located at 2300 W. Everest Lane, in the NE % of Section 26, TAN., R IW. This is a re -subdivision of Lot 47, Block 49 of Lochsa Falls Subdivision No. 12. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. Staff recommends approval of Hastings Subdivision No. I with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-611-6 In consideration of a short plat, the decision-making body shall make the following findings: A. 0. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as mixed use community. The* current zoning district of the proposed subdivision is UO (Limited Office District). The proposed subdivision plat complies with the Comprehensive Plan. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SBP -06-001 Hastings Subl SHP.doc PAGE 1 { f CITY OF MERIDIAN PZ"ANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the fixture tenets will be fire and police services. E. • The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general. welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS Approval of this short plat is contingent upon City Council approval of the request for rezone of the property to the L -O zoning district. Building permits will not be issued for any lots within this subdivision nor will the plat be signed by the City Engineer until the rezone has been approved by City Council. 2. Proceeding through the construction phase of this project prior to rezone approval by the City Council is strictly the risk of the applicant. The applicant shall be responsible for any changes that may be mandated by City Council that would require changes in already installed facilities. 3. Water service to this site shall be via main line extensions from existing mains in W. Everest Lane. Applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. Sanitary sewer service to this site will be via main line extensions of an existing main in W. Everest Lane. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Minimum cover over sewer mains is three feet. If cover from the top of pipe to the sub -grade is less than three feet than alternate pipe materials shall be used per City of Meridian standard specifications. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The easement shall be supplied prior to signature on the final plat. SBP -06-001 Hastings Subl SEP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 6. Either graphically depict the sewer and water easements on the face of the plat OR include the instrument number of the recorded document. 7. As each lot develops 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Revise the "PLAT SHOWING" portion of the plat to read "SHORT PLAT SHOWING". 9. Provide a 10 -foot wide landscape street buffer easement on the plat for Lot 3 adjacent to W. Everest Lane. 10. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision prior to release of building permits. 11. Underground year-round pressurized irrigation must be provided to all lots within this development. The applicant has indicated Settlers Irrigation District will own and operate this pressurized irrigation system. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6-D). 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. 13. A minimum 5 -foot wide sidewalk shall be provided on the north side of W. Everest Lane on Lot 3. 14. On the signature sheet, revise the heading for the City Clerk's signature portion to read "Meridian Planning Director" instead of "Meridian City Council" and correct the text accordingly. 15. The landscape plan, prepared by Habitec and dated 3/10/06, is approved as submitted. 16. Revise or add the following note(s) on the face of the plat dated 3/10/06, prepared by Engineering Northwest, LLC, prior to signature on the plat by the City Engineer. (6.) Complete the recorded instrument number for the cross access easement. (*.) Add note regarding who will maintain the landscaping (the property owner or business owners association) within the buffer easement along W. Everest Lane. 11. Complete the Certificate of Owners, sheet 2 of the plat. 12. Comply with all conditions of Ada County Highway District as they relate to this short plat. SEP -06-001 Hastings Subl SHP.doc PAGE 3 CITY OF MERIDIAN PANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 1I - 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. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. 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. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 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. SBP -06-001 Hastings Subl SBP.doc PAGE 4 (• CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT FIRE DEPARTMENT COMMENTS 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 %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 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 ofthe project. 3. 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. 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. 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. 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. 7. The 4 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced. 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. - Provide a Knox box entry system for the complex prior to occupancy. 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). 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the lnternational Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 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 SBP -06-001 Hastings Subl SHP.doc PAGE 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 15. 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) STAFF RECONDIENDATION Staff recommends approval of the short plat for Hastings Subdivision No. 1 (SIP -06-001) with the above stated continents and conditions. SEP -06-001 Hastings Subl SHP.doc PAGE 6 Type of Review Requested (check all that apply) 0 Accessory Use 0 Alternative Compliance 0 Certificate of Zoning Compliance 0 Conditional Use Permit Minor Modification 0 Design Review 0 Property Boundary Adjustment eShort Plat 0 Temporary Use Certificate of Zoning Compliance 0 Time Extension (Director) 0 Vacation 0 Other Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant Information Applicant name: km -re— re t� _ L L Phone: B oV 94 Ick Applicant address: la aal X4 F—mmn DO & 1 D Zip: 9370q Applicant's interest in property: )aOwn 0 Rent 0 Optioned 0 Other Owner name: _.. S,nrt &:� 0. kayo Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): k4ne \n, i,+� Firm natr Address: Primary contact is: 0 Applicant 0 Owner XAgent 0 Other Contact name: 'erne syn;4� E-mail: Information Location/street address: Assessor's parcel number(s): Phone: 37L— 5600 zip: 9'37,0'A Phone: 3`71, — 5860 Fax: _37/, - 5551p Wr4a Township, range, section: -r. 4 t4,1 9. (w., Set. 4 Total acreage: 1. 57 6:c, Current land use: rt' ace,)—d, Current zoning district: Ir'G— 1 660 E. Watertower Lane, Suite 202 - Meridian, Idaho 83642 Phone: (208) 884-5533 - Facsimile: (208) 888-6854 - Website: wvuw.meridiancibLM 1 )L Project/subdivision name: General description of proposed Proposed zoning district(s): L-0 Acres of each zone proposed: 1.5-7 air,-55�1 tr��y��e,� 1`h+p q fpf6 Type of use proposed (check all that apply): 11 Residential ❑ Commercial Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development?5e- j'+I ces I r Y;d . 1). s+. Which irrigation district does this property lie within? #IeY.S I Yf i 4 rko Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Number=co al units: Numberand/or other lots: Proposed number of 1 Bedroom: Number of building lots: units (for multi -family developments only): Minimum square footage of structure(s) ( Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): (Macre-excluding roads & alleys): _ Acreage of opt (See Chapter 3, Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) open space) Number of building lots: 14 Other lots: "l Gross floor area proposed: o'jA� 19 7 i5 8_1F Existing (if applicable): A'V Hours of operation (days and hours): BUS "h hmrr�' Building height: Percentage of site/project devoted to the following: Landscaping: -I as Building: Paving: 3 l , $ �D Total number of employees: Maximum number of employees at any one time: a�Q Number and ages of students/children (if applicable): NA Seating capacity: NA Total number of parking spaces provided: _ fo% Number of compact spaces provided: 1 i Authorization Print applicant name: Applicant signature: I L Date: 3 /S 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www meridiancitv.ore 2 Project Description Narrative Lochsa Business Park is situated on 3.13 acres at the southeast corner of the intersection of Chinden Boulevard and Long Lake Way. The owners contemplate construction of eight (8) single story office buildings for commercial uses such as doctor/medical, dentistlorthodontist, insurance and financial services and other office uses. The project is in conformance with all the requirements of the UDC The project is in conformance with acceptable engineering, architectural and surveying practices and local standards. EngineeringEngineeling North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 05-058-01 Date: March 10, 2006 HASTINGS SUBDIVISION NO.1 FINAL PLAT DESCRIPTION A parcel of land being Lot 47, Block 49 of Lochsa Falls Subdivision No. 12, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10958 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence North 89038120" West, 2630.00 feet on the section line common to said Sections 23 and 26 to the 1/4 section corner common to said Sections 23 and 26; Thence reversing direction, South 89°38'20" East, 199.79 feet; Thence leaving said section line South 00021'40" West, 105.00 feet to the northwest comer of Lot 47, Block 49 of said Lochsa Falls Subdivision No. 12, said point being the REAL POINT OF BEGINNING; Thence South 89°38'20" East, 220.00 feet on the northerly lot line of said Lot 47 to the northerly lot comer common to Lots 46 and 47, Block 49 of said Subdivision; Thence South 00°21'40" West, 310.13 feet on the lot line common to said Lots 46 and 47 to the southerly lot comer common to said Lots 46 and 47; Thence North 89038'20" West, 220.00 feet on the southerly lot line of said lot 47 to the southwest comer of said Lot 47; Thence North 00021'40" East, 310.13 feet on the westerly lot line of said Lot 47 to the real point of beginning. Said parcel contains 1.57 acres more or less. PREPARED BY: West, LLC L11:17.1 V W 3-/o -u ZS4 James R. Washburn, PLS Hastings Sub. No. 1 Final Plat Desc.doc Page I of 1 ADA POUNTY I' RDER J.! k NAVARRO AMOUNT 6.00 ; BOISE IDAH010r 18/05 11:54 AM EY D -R Haney RIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII !III ECORGORQED-REQUEST OF Title One 105156134 Order. No.: A0545011 511w - WARRANTY DEED FOR VALUE RECEIVED, LOCHSA FALLS, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto MONTEREY, LLC, an Idaho limited liability company whose current address is 10221 Emerald, Suite 100, Boise, ID 83704, the Grantee, the following described premises, in Ada. County, Idaho, TO WIT: Lots 46 and 47 in Block 49 of LOCHSA FALLS SUBDIVISION NO. 12, according to the official plat thereof, filed in Book 92 of Plats at Pages 10958 through 10960, official records of Ada. County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that they are fret from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee, and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments Cif any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: October ZI 2005 LOCHSA FALLS, LLC By: Marty Cloldimith, Member State of Idaho ) ) ss. County of Ada ) On this l day of October 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared: Marty Goldsmith known or identified to me to be a Member of the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ••••``•���$.%W in this certificate first above written. n. tr 0% 0 �% ,,'do r Notary Public for Idaho G* p CO C My Commission Expires: S / 12.16 6.. • �z TE 0419••• AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) on kAaI ' Wa" 4S � ] , member 6F Monk& LGC- )J&66 Q5 JDdJ l ldk&f jern (name) ]�sa (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: 11 �L�JTe /9-0h�+ ��� , ._ 2.3 AU. & (e4g r 29Aof gang, /0 537 011 ( ) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day �vasaaca�uaa.� SUBSCRIBED AND SWORN to before me the day and year first above written. ICA T. 0O .e'° '�.. R+� . (Notary Public f I o) -V rk ®®•I• p� �0 ®� s `' �1 Residing at:_ r i Gu A.h w® ®off 3 DIM> g'PUB IJ- / * My Commission Expires: Q.� O ��_ 3DIVISION NO. 1 P- :1111 :1111 111/111, PRR-_A_TPUC_ATIQNIWGNO ADT} l;r,,f-tni. Sgineer/anner-Idaff-- C!'' A,VV�6 1! - Proposed Devejopral!) I I S - � , 1 1: ........... 1� Location: - I . zo ons: coiaprehe=mnsimvelanPropos 0 L- esIgnation: TO -1 -Plats PfOPert7 Size: -----Sewer:-- Number of Units: Dwelling Type: Pressurized on: Street Buffers: Open Space & Maropaths: Landscape Plan: -------- Lot Size & pro Topography. - Hydrology., Shbgt System: Paffiway Q!#�A tj OL of i A 0,4. �4 Z_ j 6 - or Rezone Conditional use permit Variance Lot line:Ad:j�ustxnent Comprehensive p Amen�dmen�t • Application checkut-Ri, 5 V C611taq:��- - r_Aj�acies to d�oOhA Preaiplication Conference; Not reconimendd Rewmmended� Requ�ed ' - . ' An . paled Submission Dat-_ .`Fated PlanxUn9&ZoniugDte.- A"&W Noti!!!,!;: AT AnLO-fa The" information Provided during this meeting is based upon the qir� Ordinance aFP. CO�nprehmsj-ve p1m. 86iliaOMeridi t6:th Zo,,jq, d and is vali -*fbr' 3 iiaon6s. Any jt3V or Stibdi�lsion o� or Ce. Pla� m�y affect A!!- y i • IRRIGATION PERFORMANCE SPECIFICATIONS UDC 11-3B-6 Project Name: n(.14l rm S -SV b) y l S) Oh Aft. Specifications: f� Available Water Pressure: ✓ �S Point of Connection (describe and/or submit a site plan): Eels i Primary Connection: Secondary Connection: Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscaped areas to be irrigated: square feet Backflow Prevention _A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Notes: Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than %Z acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: 1 have read and understand ffie above spE irrigation system installedAr the project Applicant's Signature: notes for irrigation systems and hereby affirm that any ie will comply with these specifications and notes. Date: N O O a JWm W I � c La j � �� �o� � M N �m to Nm I i I f I 0 m ,, OorC 000 0--j O� w m ImDim L4 m w co rr C Wra, C 000--1 oc 00 OC CC) mN m � a s �r— Page 1 of 1 From: John Priester bohnp@adaweb.net] Sent: Wednesday, January 11, 2006 8:00 AM To: Gene P Smith Subject: RE: Subdivision Name reservation January 11, 2006 Gene Smith P E Engineering North West LLC 10221 W Emerald Suite 140 Boise, ID 83704 RE: Subdivision Name Reservation HASTINGS SUBDIVISION Dear Gene: At your request I will reserve the name "HASTINGS SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, ,john l fester John E. Priester, P.E.L.S. County Engineer JP/]P From: Gene P Smith [mailto•gsmith engnw com] Sent: Tuesday, January 10, 2006 4:57 PM To: John Priester Subject: Subdivision Name reservation John: On behalf of my client, I would like to request the use of the following names for two subdivisions to be located in Meridian. Each will be a 4 - lot subdivision of existing lots in Lochsa Falls Subdivision No. 12. The lots are contiguous and are to be owned by the same owner. Therefore, I believe they could use the same name for the two subdivisions with a No. 1 and No. 2 as part of that name or have separate subdivision names. The two proposed subdivision names are: "Dover" and "Hastings". Both are names of existing cities in England. Please advise if the above are acceptable and could be reserved. Thank you for your help. Gene P Smith, P.E. Engineering NorthWest ;208)376-5000 Fax: (208)376-5556 This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. if you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of :his message, or the taking of any action based on it, is strictly prohibited. i ri Engineering Noah West, LL C 423 N. Ancestor Place, Suite 180 Boise, Idaho '83704 (208) 376-5000 • Fax (208) 376-5556 March 15, 2006 Mr. Len Grady, P.E. City of Meridian - Public Works Department 660 E. Watertower, Suite 202 Meridian, ID 83642 Re: Hastings Subdivision No. 1 Dear Len: According to the initial test pit investigations and subsequent monitoring, by Associated Earth Sciences, the ground water within this project was not encountered within depth of 3 feet of the existing ground. Based on the above information, I certify that groundwater would be greater than 36 inches below finished street centerline elevations throughout the project. Should you need further information, please advise. Sincerely, Eugene P Smith, P.E. Enclosure Monitoring Data ! -!-4- D --►NCnN-a— CO i O W C CO 0 � � ° :E� ID rn �° m M m'. 10 O = .Or Q 'O ff EF Oam�=roor n� �� y MCO Q E O 0 s n 0-0 0 (0 2 N ° 'O CL W w = O C1 WCQ - N 0(D 7O O C D1 M ��Opp U► N c0i m3 Z3 60 00 W m O CL W 0 N O W r 3 t% 0 O 3 O Y7 CO CD Q ? CD fp ' m W m as cp o 0'a 3 N (�D 0 n� • r- 0 � o m N 0 CL Cr O CD � 0 44h co E OO Q rt F O m= to = 2 2 2 2 2 .i w o 2 2 co 2 -;4 2 rn 2 cn =lz p c 2 3 0 0 o A b wwww ww wwww w w w 0 w co CA d Ch O N C D C D CA C1t d N V C" co V W m A W A 0 Co co N O O � 3 co O i O Cfl . O N i d W i CA CA i O) N .i V CT i m -j ...► W ..1 A ...f to i W Co ...1 CD A ..1 N W y p co Cr Cl CJt d N CA CA CA CA CA N V CA O -I W CA {a W p. CA w Co W to co d Cl cn N CO3f N en -4 p A W W CTt N co Cn i Cd)1 i N �► W i CO)t i N i CVT i ' ..► W .iA i co i WA. i N `i ap co O .i Cdfl i N i 0 i U i N .i CCA a - � i W �► W i pNj .1 -Wi i N =1 � Cn Uco Oi N m N V ca W O W N ClD Cn N � co O c N CD Coit N tvn -4 W ...► W i N .� NA i N W N N m CA UO i N cn N -4 W W co CCA a N of V C>t co Cl N � COT N w � ' A .A cn CL Ch N IM w Ch UVt V ' a W W Cn a W co Cn C" N COO N C" V ' N V O N w faa Ch cnN Odi ch co cn --4OV ONi W O' IN Im m O i cn i40 N pj'1 W CCA M C~fl ' ...1 �a CA m i a v C* W co Cn i CCA i N i m — cn i O i CC" V � co co CO O .--► Cdlt --a N i IM i w a co .� Uvt a ' a ,,,ti V a N r- 0 � o m N 0 CL Cr O CD � 0 44h co E OO Q rt F O m= to AssociatoJ EaA Sciences, Inc. Storm Drain Test Hole Description & Evaluation Date Of Evaluation: 10/31/2003 Evaluated by: Glen Logan, Professional Soil Scientist Requested By: Farwest, LLC by Charles Robbins Address: 4487 N. Dresden, Suite 102 Phone: City: Boise State: ID Zip: 83714 Legal Desa General Desc: ruture phase of Lochsa Falls just south of Chinden and west of Under Road Depth (inches) Color Texture Clay % Roots Mottles est Penneabili Comments 12 to 20 10YR 414 silty clay loam 32 to 35 few very fine none Qn/hr) firm moist Hole Number & Location_ TH 1 n-(i� /fmnl9inGg=r mnrVmA O_rzt nc L c An 0 to 12 1110YR413 sift loam 22 to 24 common very fine if1 few medium none v11-1 1 to 2 ♦ 411V1 1 LV VV.'7L friable moist 12 to 20 10YR 414 silty clay loam 32 to 35 few very fine none 0.2 to 0.6 firm moist 20 to 38 10YR 514 loam I 18 to 20 none none 1 to 2 slightly compact in place 38 to 79 10YR 7/4 moderately to strongly cemented hardpan none none Impervious non -fractured 79 to 180 10YR 5/4 extremely gravelly loamy fine sand 2 to 4 none none 10 to 15 loose in place 85 to 180+ 10YR 514 extremely gravelly loamy fine sand 2 to 4 none none 10 to 15 loose in place •�• _ • che* J1VNW V 10 I percenr. No tree water or evidence of wetness present in profile to more than 180 innches. Hole Number & Location_ TH 1 1 -f1 -'l ihnrrinrm mr mrlrl/ori 0_i11 e%li .,...4:.•... i] c L c nn 0 toll 10YR 314 sift loam -- 25 to 27 - none none v.v 0.5 to 1.0 V%.A 11V11 L.VVV.IV slightly firm moist 11 to 26 10YR 314 loam 18 to 20 none none 1 to 2 firm to friable moist 26 to 34 10YR 316 very fine sandy loaml 8 to10 none none 1 to 3 slightly compact in place 34 to 49 10YR. 316 fine sandy loam 7 to 10 none none 0.5 to 1.0 compact in place 49 to 85 10YR 714 weak to moderately cemented hardpan none none <0.02 non -fractured 85 to 180+ 10YR 514 extremely gravelly loamy fine sand 2 to 4 none none 10 to 15 loose in place --• •—•... • ....w. v.vNc V R! I Pelceni. NO eviaence of wetness or free water observed in profile to more than 180 inches. Associat�J Ea- Storm Drain Test Hole Description & Evaluation Sciences, Inc. Continuation Sheet Date Of Evaluation: 10/31/2003 Project: Lochsa Falls future phase test holes Depth 10YR 4/3 10YR 3/4 10YR 4/4 & 6/3 10YR 7/4 variegated - sit loam 18 to 20 silty clay loam 27 to 30 fine sandy loam 1 12 to 15 stony moderately to strongly cemented hardpan extremely gravelly loamy fine sand 1 to 3 -- - few very fine few very fine few very fine none none •••••••v�-'e-J none none none none none cicvU11V11 1 to 2 . 0.5 to 1.0 1 to 2 impervious 10 to 15 - friable moist (inches) Color Texture Clay % Roots MottlesT;;(�IP07- Comments Hole Number & Location: TH 12-03 en ineer marked 9-3 elevation 2564.24 0 to 9 10YR 3/4 silty clay foam 30 to 35 few very tine none 0.2 to 0.6 very frm moist 9 to 24 10YR 4/4 sift loam 15 to 18 none none 1 to 2 very friable moist 24 to 48 10YR 5/4 silt loam 10 to 15 none one 2 to 3 liable moist gravelly fine sandy 48 to 73 10YR 6/4 loam 8 to 10 none none 2 to 4 slightly compact in place 73 to 180+ variegated extremely gravelly loamy sand <3 distinct 7.5YR 5/6 loose in place, medium and fine sands none below 110 inches 10 to 15 present General Notes: Slope 0 to 1 percent. Free water observed in test hole at 157 inches. Hole Number & Location: TH 1 1-n1 fnnryinoor .,r,,.rl.....1 n n► -1— — L? 0 to 14 14 to 37 37 to 56 56 to 102 102 to 180+ 10YR 4/3 10YR 3/4 10YR 4/4 & 6/3 10YR 7/4 variegated - sit loam 18 to 20 silty clay loam 27 to 30 fine sandy loam 1 12 to 15 stony moderately to strongly cemented hardpan extremely gravelly loamy fine sand 1 to 3 -- - few very fine few very fine few very fine none none •••••••v�-'e-J none none none none none cicvU11V11 1 to 2 . 0.5 to 1.0 1 to 2 impervious 10 to 15 L.70/.CiV friable moist slightly firm moist compact in place, common lime veins non -fractured loose in place ---- -- ......... -.-I— u w i percem. No evidence of wetness or free water observed in test hole to more than 180 inches. ' e Associate Ear@ 0 Storm Drain Test Hole Description & Evaluation Sciences, Inc. Continuation Sheet Date Of Evaluation: 10/31/2003 Project: Lochsa Falls future phase test holes Depth (inches) Color Texture Clay % Roots 10YR 414 ;ve;r;yfine sandy 21 to 39 10YR 3/4 & 6/3 loam 39 to 48 10YR 7/3 moderately cemented 18 to 72 7.5YR 4/3 Hole Number & Location: 0 to 12 10YR 3/4 slit loam 12 to 21 10YR 414 ;ve;r;yfine sandy 21 to 39 10YR 3/4 & 6/3 loam 39 to 48 10YR 7/3 moderately cemented 18 to 72 7.5YR 4/3 extremely gravelly loamy fine sand 12 to 180 110YR614 compact in place exbemely gravely loamy fine sand TH 14-03 enc 23 to 25 few very fine 10to 15 none 23 to 25 none 3to5 1 to 3 none Mottles' Penn. Comments (iNhr) marked 9-1 elevation 2568.62 none 1 to 2 slightly firm moist none 1 to 3 slightly compact in place none 0.5 to 1.0 compact in place none impermeable non frac none 10 to 12 loose in none 10 to 15 loose in General Notes: Slope 0 to 1 percent. No evidence of wetness or free water observed in test pit to more more than 180 inches. H C mr 00 —0 <_ —EA _y D O Z D 2r r oN z (40 LOCH SA FALLS 3O, SU 8 DI V I S 1 0 N N a 12 ---r G) G I L 0 C H S A FALLS y SUBDIVISION N 0. 12 D w I NOD21'40 I 0 70' MDE PU9uC Uitl.fll P OP R DRAT JA & m y 2 PERSDAOPER T IRR CATION ZI I 00 -BQ4-0D --III� sa_ o0z&r0 ' LF) I I1I .N � pNO I II I1TI 84 00' 8-7 147.J7' i M SO021 W1 ---r G) G I L 0 C H S A FALLS y SUBDIVISION N 0. 12 D w I OI o I I �► 0 0 I I I HIRE 9 � 9 WN N N D D C �o o�U Z m O Z n �Odo M M o�q o 0 1j B Z o r*1 D o0 �11D ia0,O�O�o COSI $ 08 Z -nr~z O r 1 C-) D�Dr1 0 Z 00 N>O �NEn� -� ?o �s0 _, cn • O Z ca zO N Are JI ml I -BQ4-0D --III� sa_ o0z&r0 ' LF) I I1I .N I1TI 84 00' 8-7 I IjOZ4o Q r 1 Oy � 10 I N _ m M gy NIS �I$Z f z 4 I� la I• N. 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C� August 18, 2006 0 SHP 06-002 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Monterey, LLC ITEM NO. 5-R REQUEST Request for Short Plat Approval for Hastings Subdivision No. 2 consisting of 4 commercial office building lots on 1.57 acres in a propsed L -O zone AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: �Y 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:y , 1�)2 , Date: &r 6_( Phone: Emailed: !Ej 5,t,;4A,& _ C6m Staff Initials: Materials presented at public meetings shall become properly of the Coy of Meridian. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 8884218 CITY ATTORNEY/HR - FAX 884 -SM FINANCE & UM-XrY BILLING -FAX 8874813 MAYOR'S OFFICE -FAX 884-8119 CITY OF ia,,- >;,RECEIWD n IDAHO MAY 2 6 2006 f4 TREA,%.SUWnMv,,, City Of Meridian ,, D3 City Clerk Office MAYOR Tammy de Weerd April 19, 2006 CITY COUNCIL MEMBERS Keith Bird Charles M. Rountree Shaun Wardle Mr. Gene Smith Christine Donnell Engineering Northwest 423 N. Ancestor Plaee, Ste. 180 CITY DEPARTMENTS Boise, ID 83704 Fire RE: Short Plat for Hastings Subdivision No. 2 540 E. Franklin Road 888-1234 / fax 895-0390 Dear Mr. Smith: Parks & Recreation Per the findings of the attached `staff report for Hastings Subdivision No. 2, I am 11 W. Bower Street granting approval of the short plat for this project. 888-3579 / fax 888-6854 The short plat shall become null and void if the applicant fails to record the plat within one year of the approval date of this letter per Unified Development Code Planning & Zoning (UDC) 11 -6B -7A- An extension of time may be approved if needed under the 660 E. Watertower Lane provisions stated in UDC 11 -6B -7C. Suite 202 884-5533 /fax 888-6854 The applicant, Director, or a party of record may appeal this decision or a condition r, of approval by requesting City Council review of this decision. All requests shall be Police wed in writing with the Planning Department within fifteen (15) days of the date of 1401 E. Watertower Lane this letter and comply with the provisions of UDC 11 -5A -6B. 888-6678 / fax 846-7366 Please note that approval of this plat is contingent upon City Council approval of the rezone of the property to the L -O zoning district. Building permits will not be issued Public Works for any lots within this subdivision nor will the plat be signed by the City Engineer 660 E. Watertower Lane until the rezone has been approved by City Council. Suite 200 898-5500 / fax 895-9551 - Building If you should have any questions regarding this matter, please don't hesitate to call 660 E. Watertower Lane Sonya Watters at 884-5533. Suite 150 887-2211 / fax 887-1297 Sincer 1 , - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Anna Borchers Canning, AI P Planning Director - Water 2235 N. W. 8th Street 888-5242 / fax 884-1159 cc: Ada Co Hi District County Highway CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 8884218 CITY ATTORNEY/HR - FAX 884 -SM FINANCE & UM-XrY BILLING -FAX 8874813 MAYOR'S OFFICE -FAX 884-8119 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: Anna. Canning, Planning Director cre•�r c� �-�..i: �•- 3. 46 = �1-` Al FROM: Sonya Watters, Assistant City Planner tom- Michael Cole, Development Services Coordinator G DATE: April 19, 2006 SUBJECT: Hastings Subdivision No. 2 Request for Short Plat Approval of Hastings Subdivision No. 2 Consisting of 4 Commercial Office Building Lots on 1.57 Acres in a proposed L -O Zone by Monterey, LLC (File# SEEP -06-002) We have reviewed this submittal and offer the following comments, as 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, Monterey, LLC, has applied for short plat approval of 4 commercial office building lots on 1.57 acres in a proposed L -O zone for Hastings Subdivision No. 2. Hastings Subdivision is located at 2340 W. Everest Lane, in the NE % of Section 26, TAN., R 1W. This is a re -subdivision of Lot 46, Block 49 of Lochsa Falls Subdivision No. 12. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. Staff recommends approval of Hastings Subdivision No. 2 with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-611-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as mixed use community. The current zoning district of the proposed subdivision is L -O (Limited Office District). The proposed subdivision plat complies with the Comprehensive Plan. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SBP -06-002 Hastings Sub2 SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenets will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development ofthis site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS 1. Approval of this short plat is contingent upon City Council approval of the request for rezone of the property to the L -O zoning district. Building permits will not be issued for any lots within this subdivision nor will the plat be signed by the City Engineer until the rezone has been approved by City Council. 2. Proceeding through the construction phase of this project prior to rezone approval by the City Council is strictly the risk of the applicant. The applicant shall be responsible for any changes that may be mandated by City Council that would require changes in already installed facilities. 3. Water service to this site shall be via main line extensions from existing mains in W. Everest Lane. Applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. Sanitary sewer service to this site will be via main line extensions of an existing main in W. Everest Lane. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Minimum cover over sewer mains is three feet. If cover from the top of pipe to the 'sub -grade is less than three feet than alternate pipe materials shall be used per City of Meridian standard specifications. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The easement shall be supplied prior to signature on the final plat. SBP -06-002 Hastings Sub2 SBP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 6. Either graphically depict the sewer and water easements on the face of the plat OR include the instrument number of the recorded document. 7. As each lot develops 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Revise the "PLAT SHOWING" portion of the plat to read "SHORT PLAT SHOWING". 9. Provide a 10 -foot wide landscape street buffer easement on the plat for Lot 3 adjacent to W. Everest Lane. 10. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision prior to release of building permits. 11. Underground year-round pressurized irrigation must be provided to all lots within this development. The applicant has indicated Settlers Irrigation District will own and operate this pressurized irrigation system. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction "meeting. 12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6-D). 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. 13. On the signature sheet, revise the heading for the City Clerk's signature portion to read "Meridian Planning Director" instead of "Meridian City Council" and correct the text accordingly. 14. A minimum 5 -foot wide sidewalk shall be provided along the north side of W. Everest Lane on Lots 3 & 4. 15. The landscape plan, prepared by Habitec and dated 3/10/06, is approved as submitted. 16. Revise or add the following note(s) on the face of the plat dated 3/10/06, prepared by Engineering Northwest, LLC, prior to signature on the plat by the City Engineer. (6.) Complete the recorded instrument number for the cross access easement. (*.) Add note regarding who will maintain the landscaping (the property owner or business owners association) within the buffer easement along W. Everest Lane. 11. Complete the Certificate of Owners, sheet 2 of the plat. 12. Comply with all conditions of Ada County Highway District as they relate to this short plat. SEP -06-002 Hastings SW SHP.doc PAGE 3 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. Staffs failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. 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. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water, sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-14 and 9-4 B. Wells may be used for non-domestic purposes such as landscape irrigation. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 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 member 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. SBP -06-002 Hastings Sub2 SBP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT FIRE DEPARTMENT COMMENTS 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 %" 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. I Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 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. 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. 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. 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. 7. The 4 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knox box entry system for the complex prior to occupancy. 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). 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 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 SHP06-002 Hastings Sub2 SHP.doc PAGE 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 9033.1.2, the distance requirement shall be 600 feet (183 m). 15. 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) STAFF RECOMMENDATION Staff recommends approval of the short plat for Hastings Subdivision No. 2 (SHP-06-002) with the above stated comments and conditions. SI P-06-002 Hastings Sub2 SHP.doc PAGE 6 Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑,property Boundary Adjustment EX Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant Information Applicant name: Lf✓ Phone: Sda.- 9)1 b Applicant address: _lona I 5� Yee rL4 �� JUj Cc ��d i� t1�iZip: 8,P Applicant's interest in property: ;'Own ❑ Rent ❑ Optioned ❑ Other Owner name: "I"'w &S 4�Ale Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): k he J 14L l Firm nan Address: Phone: 3 7b— 501)6 zip: 93 7n Primary contact is: ❑ Applicant ❑ Owner JA Agent ❑ Other Contact name:- 65? _ S^')'}'h Phone: � i�- 5DOO E-mail: Subject Property Information Fax: �7 ( - 5556 Location/streetaddress: 5✓&t5-� LCclrt� Y►?es'i�iL�aln 1n g3G4a Assessor's parcel number(s): R 5a99 Y3000 Township, range, section: 7l Xt It�• l W <Je-d. 2-6 Total acreage: _ _ ) . 57 Current land use: M 7n4l Current zoning district:. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.ore Project Description Projectisubdivision name: _ 666.,Ct x16yJV;Sipi\ Kr) . 7— General General description of proposed project/request: Proposed zoning district(s): ~ 0 Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system mi this develo went? Se' ers Which irrigation district does this property lie within? t T' . e �(� rr ' Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Number ­of=Lidential units: Number of common or other lots: Proposed number of dwelling fc 1 Bedroom: Number of building lots: multi -family developments only): Minimum square footage of structure(s) (excl. Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: _ 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density I fcre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) open space) Number of building lots: Other lots: Gross floor area proposed: —101, �, Existing (if applicable): Hours of operation (days and hours):_ flOV T,s Building height: _ Z Percentage of site/project devoted to the following: Landscaping:. 15, Building: _ aD,yld' Paving: 3 (, 93-7 Total number of employees: Maximum number of employees at anyone time: _NA Number and ages of students/children (if applicable): _ AAA Seating capacity: -_ Alt -4 Total number of parking spaces provided: % o?– Number of compact spaces provided: 02,3 Authorization Print applicant named reu Applicant signature: _ Date: 3 S M4 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Project Description Narrative Lochsa Business Park is situated on 3.13 acres at the southeast corner of the intersection of Chinden Boulevard and Long Lake Way. The owners contemplate construction of eight (8) single story office buildings for commercial uses such as doctor/medical, dentistlorthodontist, insurance and financial services and other office uses. The project is in conformance with all the requirements of the UDC The project is in conformance with acceptable engineering, architectural and surveying practices and local standards. Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 05-058-01 Date: March 10, 2006 HASTINGS SUBDIVISION NO.2 FINAL PLAT DESCRIPTION A parcel of land being Lot 46, Block 49 of Lochsa Falls Subdivision No. 12, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10958 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence North 89°38'20" West, 2630.00 feet on the section line common to said Sections 23 and 26 to the 1/4 section corner common to said Sections 23 and 26; Thence reversing direction, South 89038'20" East, 199.79 feet on said section line; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest corner of Lot 47, Block 49 of said Lochsa Falls Subdivision No. 12; Thence South 89°38'20" East, 220.00 feet to the northerly lot comer common to Lots 46 and 47, Block 49 of said Lochsa Falls Subdivision, said point being the REAL POINT OF BEGINNING; Thence South 89038'20" East, 220.00 feet on the northerly lot line of said Lot 46 to the northerly lot corner common to Lots 45 and 46, Block 49 of said -Subdivision; Thence South 00°21'40" West, 310.13 feet on the lot line common to said Lots 45 and 46 to the southerly lot corner common to said Lots 45 and 46; Thence North 89038120" West, 220.00 feet on the southerly lot line of said Lot 46 to the southerly lot corner common to said Lots 46 and 47; Thence North 0021'40" East, 310.13 feet on the lot line common to said Lots 46 and 47 to the real point of beginning. Said parcel contains 1.57 acres more or less. Hastings Sub. No. 2 Final Plat Desc.doc PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Page 1 of I W Order. No.: A0545011 57( r.( - RDA COUNTY RE#._.XER J.0.0 NAVARRO AMOUNT 6.00 BOISE IDAHO 10/18/05 11:54 AM DEPUTY D -R Haney I�I I�II'�I'll""I��II'��I'II'I'I III RECORDED -REQUEST OF Title One 105156134 WARRANTY DEED FOR VALUE RECEIVED, LOCHSA FALLS, ILC, an Idaho limited liability company, the Grantor, does hereby grant, bargain Sell and convey unto MONTEREY, LLC, an Idaho limited liability company whose cent address is 10221 Emerald, Suite 100, Boise, ID 83704, the Grantee, the following descnbed premises, in Ada, County, Idaho, TO WIT: Lots 46 and 47 in Block 49 of LOCHSA FALLS S SUBDIVISION NO. 12, according to the official plat thereof filed in Bonk 92 of Plats at Pages 10938 through 10960, official records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it .s the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly nude subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, � (s) of way, protective covemants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the enaent year, which are not due and payable, and that Grantor wiR wanarnt and defend the same from all lawful claims whatsoever. Dated: OctoberJ7 2005 LOCHSA FALLS, LLC State of Idaho ) County of Ada ss, } On this I 1 �' day of Octoberefore 2005, bme, the undersigned, a Notary Public in and for said State, personally appeared: Marty Goldsmith Imown. or identified to me to be a Member of the limited liability company that executed the within mstrumem and acknowledged to me that he executed the same for and on behalf of said limited liabfl4 company and .that such limited liability company executed. it. ,g0ol IN WPI'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the �•• . Vpar in this certificate first above written. SOT AR y Z G : Notazy Public for Idaho Pus% �? My Commission Expires= AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) on bow©� &-Y\61 45 1, 3,9 I &rf r w0gr W Yn v, t tt b-412 �d d re55 15 La a 1 Qz4 9-.na r'ol ii�� (name) i (address) dc"X��e D (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: ( e) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day 20e_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. •� ICA �.•� �ABss®0eGyftrQ `�•� ms ,s�'�N ' (Notary Public for dad o) , L Residing at: 1xyl Ct,adajz My Commission Expires: ®�•qTE 0F 1�4. IRRIGATION PERFORMANCE SPECIFICATIONS UDC 11-3B-6 Project Name: f 6t 5 T1 ►'lA s J O b� 1 �l * 0 n I `Jd Z Specifications: ^7 Available Water Pressure: S —4 - Point of Connection (describe and/or submit a site plan): h--_K;SiZtLre S Primary Connection: Pce Is S 6111 iY I s Secondary Connection: Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscaped areas to be irrigated: square feet Backflow Prevention _A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates: Sprinkler heady must have matched precipitation rates within each control valve circuit. Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Notes: Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than %2 acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as, a secondary source. Certification: I have read and understand the,iibove sp( irrigation system installed forlhe project Applicant's Signature: for irrigation systems and hereby affirm that any I comply with these specifications and notes. Date: 311-61M DIVISION NO. 1 e {1 PRE-APWCA'TaN AMETINC No 'ISS "'Ke him sic - •�o c � �s�c DAM: ) z -16 -o �- Proposed Developrnf::11� It: _c LocationLlaf- _S; Required pplications:Exi• �' ontn,�: Co.mprehensive PlanDesjgnat�on: ProposedZosng, [- _ D For Plats - ' Property Size: Number of Units • Sewer. :---� Dw'elling'I'ype: Water:• Primed tion: Street Buffers: Open Space & AE rop Landscape Plan: Lot Size & Frontage- ypograph dro gy: Street System: Pathway Sim: Other A plications J� v C -,CA iig Annexation Rezone _ Conditional Use Permit Variance Lot Line Adjustment Comprehensive Plan Amendment - • Application Check -stRe Qp :.:Ober-tige�nciesfoCorttac:.s��5 "�Ot�1 it`t.c�'(��j✓t .p ��E- A--d L ona,Y Preapplication Co reference: Not recommended Recommended Re ed Anticipated Snbmiss�ion Date: • A??t.i}aipaied Planning & Zonkg Date: Ad;!! o al Noies:a ' 1 , MufAmr,rdit Th e. information provided durin g this meeting is based upon = Sib dinance pp]icable Co curr�m8eridi division Or the �. .� .w.. and a m rehensive PI ' P an• and is valid far 3 raon ^changes tb'the Zoning or Sub Oi divaIIce or Corn ry stib"segi?e}'r oII. - p ehensive Plan may affect your a ' 1�tio= :r " .{ Page 1 of 1 From: John Priester Dohnp@adaweb.net] Sent: Wednesday, January 11, 2006 8:00 AM To: Gene P Smith Subject: RE: Subdivision Name reservation January 11, 2006 Gene Smith P E Engineering North West LLC 10221 W Emerald Suite 140 Boise, ID 83704 RE: Subdivision Name Reservation HASTINGS SUBDIVISION Dear Gene: At your request I will reserve the name "HASTINGS SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, ,john Mester John E. Priester, P.E.L.S. County Engineer JP/ip From: Gene P Smith [mailto: smith en w com] Sent: Tuesday, January 10, 2006 4:57 PM To: John Priester Subject: Subdivision Name reservation John: On behalf of my client, I would like to request the use of the following names for two subdivisions to be located in Meridian. Each will be a 4 - lot subdivision of existing lots in Lochsa Falls Subdivision No. 12. The lots are contiguous and are to be owned by the same owner. Therefore, I believe they could use the same name for the two subdivisions with a No. 1 and No. 2 as part of that name or have separate subdivision names. rhe two proposed subdivision names are: "Dover" and "Hastings". Both are names of existing cities in England. ?lease advise if the above are acceptable and could be reserved [hank you for your help Jene P Smith, P.E. 'engineering NorthWest 208)376-5000 pax: (208)376-5556 his message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by iw. if you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of its message, or the taking of any action based on it, is strictly prohibited. 1o•//T•\u(1C A P T nt"LTQ A ncncQnI\ A,.e.,,,�, A«„« _. I -IT T....a.-_ 0__1->>__7_•-'- A7_.__ _ — - , . Engineering North Vest, LL C 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 March 15, 2006 Mr. Len Grady, P.E. City of Meridian - Public Works Department 660 E. Watertower, Suite 202 Meridian, ID 83642 Re: Hastings Subdivision No. 1 Dear Len: According to the initial test pit investigations and subsequent monitoring, by Associated Earth Sciences, the ground water within this project was not encountered within depth of 3 feet of the existing ground. Based on the above information, I certify that groundwater would be greater than 36 inches below finished street centerline elevations throughout the project. Should you need further information, please advise. Sincerely, Eugene P Smith, P.E. Enclosure Monitoring Data w1`-N`,D -f N CA F3 CO i 00 W < 90 1 M I 7 Sll 00 o = O m W m �.O � N iCD � M ID O co 7 R -00 a O C. C'D SCT o.�sa��u�10 a'o C- °� O ::EN SC�to O --1 �C CD j3 O CL ;r n -0 03 Coo , �� 0� ,p.0 `C N� to b o (D wD O � N � m n CL CD CD N O' m O N 3 < to N o m m O 0 O C. =r CD O m as 3a tC O na 0-9 v P- C) CD O Ci N _2 _2 = -1 -4 d rn TJ ii7 A W N i O O w w wwww w wwwwb 0 O O CT O N O) O 0) CT m N d CT O W A A W Nd -a 0 O O W W CD t0 � 3 w o tT o N rn CA rn CT m N i CT rn 4 w CT i W .0, 0) w Cp -' cn w p CT ...1 O CT i O N i O) 0 ...► CA CT i co N i d CT ..1 CA d i W CA i A W i A CD .i W CO i (�,� i CT ,y W 0 i w .1 N i i C0T ...► N i CdT i -4 C. yA i i A ..► W i i N C10 co O CT O N ()) W (n CT (A N d CT a) d W 47 N CO A CO i O CT i O N i Cl) 0 i 0 CT i CA N i d CT i CA d i A W .�► A 0 i N 0 W ► N N co Co 'J CO71 i N i w ► CCA ► N 1 CC" i "14 W i 0 i w i i N (m co 0w N w CA CT 0 N d CT m d W m N NA N N co i COT i N i w ...► tOi1 i N ...� w i i W i w .► ,a ..► N V V t_7f cn co i COT ...1 N OiOl� CA i 0071 i N i CdA i � i W J 0 rt i 4 co 0 0071 N w w (A � W 0 i co W coO 0 0 O N C C C Cn 0 N d CT Q d W N O N 1► 0 i COT i N i w i Ccn i coC i CC" -A � w G O i N t t W i 0 COT N w C CT 0CCA � � � � w C7) OD W co COT N w Of C) CCA v N CL co co 00' CA O co 0 N w COT CO7f OAO CdT V V y Co N Associated EaR Sciences, Inc. 0 Storm Drain Test Hole Description & Evaluation Date Of Evaluation: 10/31/2003 Evaluated by: Glen Logan, Professional soil scientist Requested By: Farwest, LLC by Chades Robbins Address: 4487 N. Dresden, Suite 102 Phone: City: Boise State: ID Zip: 83714 Legal Desc: General Desc: Future phase of Lochsa Falls just south of Chinden and west of Linder Road DepthColor t OYR 4/3 sift loam - -- 22 to 24 I — common very fine & few medium .—.' none i v trt1iYlA11lJ11 1 to 2 LJC70.°tz- friable moist (inches) 10YR 4/4 Texture Clay % Roots Mottles Est. Penmeabil Comments 20 to 38 t OYR 5/4 loam I 18 to 20 none none (In/hr) slightly compact in place Hole Number& Location: THI M3 timnninrmrmr mnrlr mrl Q -r1 *icz c An 0 to 12 t OYR 4/3 sift loam - -- 22 to 24 I — common very fine & few medium .—.' none i v trt1iYlA11lJ11 1 to 2 LJC70.°tz- friable moist 12 to 20 10YR 4/4 silly clay loam 32 to 35 few very fine none 0.2 to 0.6 firm moist 20 to 38 t OYR 5/4 loam I 18 to 20 none none 1 to 2 slightly compact in place 38 to 79 10YR 7/4 moderately to strongly cemented hardpan none none impervious non -fractured 79 to 180 10YR 5/4 extremely gravelly loamy fine sand 2 to 4 none none 10 to 15 loose in place 85 to 180+ 1 10YR 5/4 extremely gravelly loamy fine sand 2 to 4 none none 10 to 15 loose in place Ge I N t "'WI OI 'Q W«• Slope u 10 I percent. No free water or evidence of wetness present in nrofilP to mnrca than 180 inches. Hole Number& Location: THl 1-n:l hmnninr=,Ar mnrlrerl O_A1 01.,....+:x... ncz c nn 0 to 11 10YR 3/4 sift loam 25 to 27 none none f -TvtlrlA11v11 0.5 to 1.0 -JUJ.7W slightly fine moist 11 to 26 10YR 3/4 loam 18 to 20 none none 1 to 2 fine to friable moist 26 to 34 10YR 3/6 very fine sandy loarni 8 to10 none none 1 to 3 slightly compact in place 34 to 49 10YR 3/6 fine sandy loam 7 to 10 none none 0.5 to 1.0 compact in place 49 to 85 10YR 7/4 weak to moderately cemented hardpan none none <0.02 non -fractured 85 to 180+ 1 10YR 5/4 extremely gravelly loamy fine sand 2 to 4 none none 10 to 15 loose in place Ge I N t "WI a o es, Slope 0 to 1 percent. No evidence of wetness or free water observed in profile to more than 180 inches. i Associated Ealf Sciences, Inc. Storm Drain Test Hole Description & (Evaluation Continuation Sheet Date Of Evaluation: 10/31/2003 Project: Lochsa Falls future phase test holes Depth (inches) Color Texture Clay -%L: Roots Mottles Et Pe'rn'' Ili I1 ZJU�t.L1+ Comments 9 to 24 24 to 48 48 to 73 73 to 180+ 10YR 4/4 10YR 5/4 t OYR 6/4 variegated silt loam sift loam gravelly fine sandy loam extremely gravelly loamy sand 15 to 18 10 to 15 8 to 10 Q none none none none none none none distinct 7.5YR 5/6 below 110 inches (tramp) very friable moist slightly compact in place Hole Number& Location- TH17_n*i fonninoor rv,r.0,i A n n1 —1_. .—.L!- -- nr. . — . 0 tog 10YR 3/4 silty clay loam 30 to 35 -- 1 -• .--- few very line -• ----. %A none v TruII 0.2 to 0.6 Ili I1 ZJU�t.L1+ very firm moist very friable moist 9 to 24 24 to 48 48 to 73 73 to 180+ 10YR 4/4 10YR 5/4 t OYR 6/4 variegated silt loam sift loam gravelly fine sandy loam extremely gravelly loamy sand 15 to 18 10 to 15 8 to 10 Q none none none none none none none distinct 7.5YR 5/6 below 110 inches 1 to 2 2 to 3 2 to 4• 10 to 15 very friable moist slightly compact in place I00se in place, medium and fine sands present fine sandy loam 1 12 to 15 stony moderately to strongly cemented hardpan few very fine none none none 1 to 2 impervious compact in place, common lane veins non -fractured 102 to 180+ variegated extremely gravelly loamy fine sand 1 to 3 none none 10 to 15 loose in place vcnclal IVWL=3. Jlope 0 to 1 percent. Free water observed in test hole at 157 inches Hole Number & Location_ TH 1 'A -n A I mnrrinoor m.-arL,,,%A o n1 —I _._ L2 0 to 14 10YR 4/3 silt loam 18 to 20 few very fine none 1 to 2 friable moist 14 to 37 10YR 3/4 silty day loam 27 to 30 few very fine none 0.5 to 1.0 slightly firm moist 37 to 56 56 to 102 10YR 4/4 & 6/3 10YR 7/4 fine sandy loam 1 12 to 15 stony moderately to strongly cemented hardpan few very fine none none none 1 to 2 impervious compact in place, common lane veins non -fractured 102 to 180+ variegated extremely gravelly loamy fine sand 1 to 3 none none 10 to 15 loose in place -- - a�UNc u ro I percent. No evidence of wetness or free water observed in test halm fn more than 180 inches. Associated Ea Storm Drain Test Hole Description & Evaluation Sciences, Inc. OUNNEW Continuation Sheet Date Of Evaluation: 10/31/2003 Project: Lochsa Falls future phase test holes Depth Inches � f Color Texture Clay %L Roots Mottles lit Paan. Comments (lnmr) Hole Number& Location: TH14-03 en ineer marked 9-1 elevation 2568.62 0 to 12 10YR 3!4 silt loam 23 to 25 few very fine none 1 to 2 slightly firm moist very fine sandy 12 to 21 10YR 414 loam 10 to 15 none none 1 to 3 slightly compact in 10YR 3/4 & place 21 to 39 6/3 loam 23 to 25 none none 0.5 to 1.0 compact in place W to 48 10YR 7/3 moderately cemented hardpan none none impermeable non -fractured extremely gravelly 18 to 72 7.5YR 413 loamy fine sand 3 to 5 none none 10 to 12 loose in place extremely gravelly 2 to 180 10YR 5/4 loamy fine sand 1 to 3 Inone none 10 to 15 loose in place General Notes: Slope 0 to 1 percent. No evidence of wetness or free water observed in test pit to more more than 180 inches. N 30' • H A S T I N G S S U B D I V I S 1 0 N N 0. N0021' P P o ao w P jig JAM O m rn I_ I aawTYr ttanc�TION ' ' Mai m GGGN 1 zoo ��igA:II �E] y12 = F<<Ao A B Y m O Z a� 1112 r gr O v m 2 4, o0 �yA2f of ml I g Nva off' c y n — cb � --I CO V) I"' I of tJ ' I - 30' • H A S T I N G S S U B D I V I S 1 0 N N 0. N0021' D t O m rn I_ I aawTYr ttanc�TION ' Iw I EASE1AENO s zoo OI I 140='40•E Y m O Z 138.41 r gr O v m 2 4, o0 �yA2f of ml I OI�I 1 I off' m O 0ZX a O I — cb � --I CO V) I"' I �u ' I - m � m I > =1 > S00'21'40' 30' y C� rn rn i4�.5i y m' "D at euC ua me aaoaaeTY D aw1cE � 13' 16282 N MJ L 0 C H S A F A L L S S U 8 D I V 1 S 1 0 N N 0. 12 • OO 0 O 0 is C3 b §5 lip a a r H � x .nT��y, e�$i• � s D t O m D C �H m� zoo -� z m O Z r gr O m 4, o0 �yA2f of ml I soDztvDhtr — ios.00• '— I 1 I I I I� to m O 0ZX a 004 r.i :;m CD — cb � --I CO V) I Ig I I O �0 i 08 ' I - z�r C) O � m I > =1 > �N I I ul y C� rn "d• � m I En Z W , 021'IO�W — C, zcu 84.00 i IC <= yD 1 N I IRf I N — X I O G� ZD rn A Z I 4 I� AAli N 1• N UNDER ROAD ---PAS 'he .7 /10 4 • OO 0 O 0 is C3 b §5 lip a a r H � x .nT��y, e�$i• � s D O m D C my o— :!!r. zoo -� z m O Z r gr O m 4, o0 *a D c Z m m O 0ZX a 004 r.i :;m CD — cb � --I CO V) O �0 i 08 O O C 0 �z z�r C) O � ren = C7 > =1 > Z -n O NCO In En Z W � S O � N � zcu z� N m O m 9 P If J " I&� o ss u*unme�m�s JUIVd 33MYO STIdd VSHooi 7�77B69NG616i m O m 9 P If J M. 771�,,, � IPO U �' 11 �� WO August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. S -S REQUEST School Resource Officer Agreement between the Meridian Police Department and Meridian School District AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS ?,e A Ha," Date: Phone: _ Staff Initials: MatedNs presented at pubUc meetings shall become property of the City of Meridian. 0 9 Memorandum Meridian Police Department RECEIVED August 17, 2006 AUG 18 2006 TO: Mayor De Weerd and Members of the Council FROM: Chief Musser RE: SRO CONTRACT City Of Meridian City Clerk Office We have the SRO Contract back and signed form the School District and have requested placement on the consent agenda for approval for the Mayor to sign. The contract has changed as we are focusing on the middle schools not the high schools. Funding is for three middle school SRO's and the usual special event overtime at high schools and middle schools. The Contract had been reviewed by the City Attorney's office prior to submittal to the District. I had provided a copy of the contract to Keith Watts so he would be aware of it as we were working on this prior to his hiring. MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer ("SRO") Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship, of the parties hereto is that of contractor and independent contractor, and it -is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, and one (1) School Resource Officer at Lewis and Clark Middle School. 4. As a member of the school team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SROs except as is necessary to investigate crimes and apprehend criminal suspects, however, the SROs shall maintain high visibility with students during break and lunch periods. The SRO shall participate as a member of the school's management team. • 0 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. N. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian this information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use three (3) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice 4 • n U and make arrangements with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SROs shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 28, 2006, and ending June 6, 2007. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2006, and will complete the obligations one (1) day after the last day of classes in June 2007. At the present time, the dates set forth in this section are the anticipated starting and ending • dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2006 — 2007 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay -the total sum of $121,411.73 to the City of Meridian in two installments. One-half shall be paid on January 30, 2007, and the balance on or before May 31, 2007. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event one of whom may be a Reserve Police Officer. b. If an event should arise that is not on the original special event list provided by the District, the Criminal Investigations Division ("CID") Sergeant shall attempt to provide two law enforcement officers to comply with the request. 6 0 • C. Any Meridian Police Reserve Officer who works at a school special event will be compensated by the District at the rate of $10.00 per hour. RECORD OF TIME AND REIMBURSEMENT d. SROs who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the CID Lieutenant. PAYMENT e. The CID Lieutenant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay ten dollars ($10.00) per hour for Meridian Police Department Reserve Officers. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. s 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Assistant Superintendent has the authoribi to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. Idaho. 23. This Agreement shall be interpreted in accordance with the laws of 9 0 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This agreement may be modified only by a mutually executed written addendum signed by the Assistant Superintendent and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. 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 via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave Meridian, Idaho 83642-2300 Assistant Superintendent Meridian School District 1810 West Pine Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. 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. 10 DATED this _day of 2006. CITY OF MERIDAN---- m Mayrolr oferi ian BY: j Wm. (Bill) (Bill) usser Meridian Chief of Police ATTEST: A�%1r�'v�ed �� G��13 Ccs -ZZ -O6 V,1(li Figs Jr. e � � ^s v SG/1vpf i H S6iF0o JOINY�SCHOO� DISTRI& NO. 2 =qw M irman of the Board 11 0 0 August 18, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Parks Department - Doug Strong ITEM NO. 6-A-1 REQUEST Update of Relocation of Pine Street School AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the city of Meridian. - --- - - - I I l n -- — _ ■ � �.u� HISTORY � � � I ■ - — -- _ CENTER � ■ --__ 60 x'q 30 ■ — -- — ■ M��'� 6,000sf ■■■■■■■■■■■■■■■■■■■■■■o 1 ■ EXISTING PARKING LOT COVERED BREEZE WAY ■ ' iii �>' 0•r,' ■ MULTI -USE 1' ,' ■ COMMUNITY ■ <� , >� BUILDING ■ ■ 126 I, ITT - IL I > ■ •/� C Y OF MERIDIAN 25' LANDSCAPE BUFFER --- - -� 20 UILDING SETBACK - _ 90Ew _ E NT a m F W SNE AIN ENTRY o �-ALKEN qw -I - - -- --- T -; - L tr r---- ---- r---- ---- e r,1 I \ l i - — - - -- :I HISTORY T° ■ - ' a CENTER ■ a - (60'x'130) � --- ■ •�^ate '��,r ! �„,�: ■ I■■■■■■■■■■■■■■■■■■■■■a� r�" ■ EXISTING a ■� PARKING LOT COVERED l If BREEZE WAY --■ ■ ■ ■ ■ ■ MULTI -USE :< < + ;' // COMMUNITY - ,; + ;� •,� � � �.� � , : BUILDING 12,600Sf rt + Z ia r� /lam ,f 41, \^� C Y_OF MERIDIAN 25' _L_AND_S_CAP_E_ BUFFER �--ti's' ✓'vy±'C ___ __ >? - 20' UILDING SETBACK — — __________ _____________ _______________________________ - _-- %h r� SIDEw _ E °2, F: ,y I E ENTRY ; F� PARKING LOT COVERED — ■� BREEZE WAY ® — / i / < < </ / r,� ■ ` \'\ MULTI -USE ■ COMMUNITY BUILDING ,// X, (70')G 150') .� 92,600sf ■ � y / / i// i i� � � ■ • L * e^{ C Y OF MERIDIAN 25' LANDSCAPE_ BUFFER '-- --- ___ _ �___ —_ --- \ 0_ UILDING SETBACK ---- — - - - - ,. err .,, ^ SIDE — ------- — E -- NT----- -- ENTRY 71*11 ■ \:: :3 I■■■■■■MEN MEN■ ■ ■■�■�■■ ' ''% ■ ■ ■ � � � ■ �I � � _ I � / CAI' -- ■� '-, HISTORY 3�, c ' ■ - ■ CENTER ■ — (60'X'930') '8`01]Osf -- ■ --- ■ I{S'''�'' ^ I^T'- — ■ EXISTING S 9 , ■ PARKING LOT COVERED — ■� BREEZE WAY ® — / i / < < </ / r,� ■ ` \'\ MULTI -USE ■ COMMUNITY BUILDING ,// X, (70')G 150') .� 92,600sf ■ � y / / i// i i� � � ■ • L * e^{ C Y OF MERIDIAN 25' LANDSCAPE_ BUFFER '-- --- ___ _ �___ —_ --- \ 0_ UILDING SETBACK ---- — - - - - ,. err .,, ^ SIDE — ------- — E -- NT----- -- ENTRY 71*11 ■ \:: :3 I■■■■■■MEN MEN■ ■ ■■�■�■■ ' ''% ■ ■ ■ � � � ■ �I � � _ I � / CAI' Ac 9 Q. In • i August 18, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Legal Department ITEM NO. 6-B-1 REQUEST Solid Waste Advisory Committee Recommendation for Approval of $5,130.00 to Crossroads Middle School from Community Recycling Fund AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 6J MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at pub8c meetings sfmp become property of the City of Meridian. Jun 05 06 12:53p CROVIRDS MIDDLE SCHOOL 20888 *5 p.2 � w Community Recycling Fund Application This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider applications -for projects within Meridian city Itmlls; which pertain to recycling; which have a 1:1 matching component; which contain recycled content B applicable; and can have a sign placed on or near the project slating that N was funded In part by the Meridian curbside recycling program. Please return completed application to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 88&5052 k Organization Name Address b S� ma`G• City C� 1w C� • c� _ State k_CJNZ Tip Code 23(nLA S-4 Contact Name and Title -�-�<S��G-�i r � ��� I Tk0. Q'r Phone Number 4:?�55_L(a'75 Fax Number %-7 60 45 Describe your organization's purpose. Attach additional sheets if needed. 6v Q_ scyod -JACI-_ Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. 2 g:s� tc 00 {-4b OSS —'7 Total funds requested -45, ISO Total estimated cost of project .'� �..}- VILSS Describe how the community recycling funds will be used, how the matching contribution will be S determined, and the schedule for the project. Attach additional sheets if needed. Signature of Contact Person v "%- Date Lf 1 `1 b 6 (We must have a ftnalumID process Your request) Jun 05 06 12:53p CROgORDS MIDDLE SCHOOL 20888'85 p.3 PREPARING OUR CIRCLE OF PRIDE FOR TABLES AND RECEPTACLES: �Qc • Sod cutter rental $100/day (3-4 days) SrOO • Back hoe rental $280/day (3-4 days) 1F ( ► 20 • Labor to cut the sod for 6 table spots (3-4 days) 53101 • Labor to remove dirt and rock for table spots(3 -4 S301 days) ! K k • Landscaping ties for 6 table spots 335 0 • Stain for the ties • Labor to cut, stain, and install ties (3-4 days)f3a/hr 16 f3m • Weed barrier for 6 table spots 3f39 • Labor to lay the barrier (1-2 days)'ss/i+T -61Q6 • Bark for 6 table areas `4/6-5 x3$1as W68 • Labor to lay the bark (1-2 days)s3ojk, x 4 10/26 • Labor to assemble 6 tables (1-2 days) *36 fk, x st vs • Anchors for 6 tables s lab • Cement for anchoring 6 tables and 4 receptaclessfscn� • Labor to anchor the 6 tables (1-2 days) **I%-- v 4 9 /aG • Labor to assemble the 4 receptacles (1-2 days) *3o A x ti gla6 • Labor to anchor 4 receptacles (1 day) s 3ofhe x 2 s66 • Clean Up Labor X61 fY� a sCG Jun 05 06 12:54p CRO ORDS MIDDLE SCHOOL 2088885 Belson Outdoors - Cart 111 North River Road Toll Free: 1-800-323-5664 North Aurora, IL. 80542 Phone: 1-630-897-8489 0 V T 0.• tl sales@belson.com Fax: 1-630-897-0573 P oduct I Description Lbs Code 414 Recycled Plastic 6' Picnic Table (2 Supports) 2070 - Green w/Black Frame 558 Park Series 32 Gallon Trash Receptacle - 400 Green w/Black Frame 01213 Funnel Type Steel Lid For Park Series 60 OPE Surface Mount - Galvanized 20 Push Recalculate after changing quantities. Subtotal 2550 We have very favorable shipping rates but due to a complex formula, we will add "Shipping" to your cart after you submit It. You choose the 'Final" confirmation method in the next step. Quantity 6 4 p.4 Page 1 of 1-1 b CART Unit Unit Price Total $555.00 $3,330.00 $275.00 $1,100.00 4 $92.00 $368.00 4 $45.00 $180.00 ................. Subtotal $4— 9 8.00 8.0 j (Illinois Only) Tax Shipping ..►g Grand Total-�r -7 -7'K Shop for More Click to Buy j F—Click for Quote Recalculate r Empty Can Your browser and the server will switch over to SECURE mode when you choose "Click to Buy" Because your credit card security is our highest priority, Belson has taken several steps to ensure that your payment information is processed confidentially and accurately. Our commerce servers use Secure Sockets Layer (SSL), an advanced encryption technology that works with Netscape Navigator (versions 2.0 and above), Microsoft Internet Explorer (version 3.0 and above), and AOL (AOL 3.0 and above). This encryption makes it absolutely impossible for unauthorized parties to read any information that you send us. SECURE mode can be verified by locating the locked padlock on the Status Bar of your browser. SC,L\esQ_ 66_%at` .Cotte http://www.belson.com/shopcarttorderitem.asp 4/18/2006 • 0 August 18, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Mayor's Office ITEM NO. 6-C-1 REQUEST ACHD Letter for Impact Fee Ordinance 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 Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT ITEM NO. 8 REQUEST Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with Sanitary Service Company AGENCY COMMENTS CITY CLERK: See allached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 9 CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. Sanitary Services Co. MEMORANDUM TO: FROM: DATE: SUBJECT Mayor Tammy de Weerd City Council Members: Mr. Shaun Wardle - President Mr. Joe Borton — Vice President Mr. Keith Bird Mr. Charlie Rountree AUG 18 2006 cify of Meridian pity clerk Offir-C Steve Sedlacek, Business Manager, Sanitary Services, Inc. Bill Gregory, Operations Manager, Sanitary Services, Inc. August 17, 2006 Annual CPI Rate Adjustment for Solid Waste Collection Services This memorandum presents the solid waste collection rate adjustment based upon the Consumer Price Index (CPI) in accordance with Section 21 of our contract with the City of Meridian. This rate adjustment coincides with the beginning of the next fiscal year, October 1, 2006. Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for the Western Region of the United States.) Further, we reduce the calculated change in the CPI by ten percent to account for aspects of the CPI that do not apply to our business. Attached to this memorandum is the CPI printout from the U.S. Bureau of Labor Statistics. The CPI for July one year ago was 198.6 and this year it is 206.7. The net percentage change between the two values is 4.08%. Then, reducing this number by 10 percent yields a CPI adjustment of 3.67% that is applied to our costs. Another requirement of our contract is that we exclude the landfill portion of our fees from the adjustment. 41W P.O. Box 626, Meridian, ID 83680 Phone 208/888-3999 Fax 208/888-5052 �' Printed on Recycled Paper 0 Results of Rate Change E The current and proposed rates are presented in tabular form in an attachment to this memorandum. The residential rate will increase by $0.30 per month to $11.25 for unlimited weekly service with curbside recycling. The percentage of change by various categories of rates is shown in Table 1. The percentages vary with the different types of systems that we operate because each has a different percentage that is disposal. Table 1 Percentage of Rate Change by System Residential rates 2.7% Commercial can rates 0.9%-1.95% Commercial container rates 3.08% Commercial compactor rates 1.96% -2.22% Temporary container rates 3.67% Miscellaneous services 3.67% Rolloff Services 3.67% A more detailed analysis is available to the Mayor, Council or City staff upon request. If further information is necessary we would appreciate treating the information as "business confidential." Bureau of Labor Statistics Data � � Page 1 of 1 U.S. Department of Labor }g Bureau of Labor Statistics LaborBureau of Data WWW.bls.gov s Search I N I Advanced Search I A -Z Index BLS home I Progrims a Surveys I Get Detailed Statistics I Glossary I what's New I Find Itl In DOL Change Output Froma 1996 To -i 2006 Vii Options:................................._,.................................I..........; El include graphs NEwi Data extracted on: August 16, 2006 (3:54:03 PM) 1-1 More Formatting Optionsa� Series Id: CUUR0400SAO,CUUS0400SA0 Not Seasonally Adjusted Area: West urban Item: All items Base Period: 1982-8*4=100 Year Jan Feil Mar Apr May Jun Sul Aug Sep Oct Nov Dec Annual HAL.F1 HAL.F2 1995 155.3 155.8 156.4 157.1 157.6 157.5 157.9 158.0 158.6 159.1 159.2 158.7 157.6 156.6 158.6 1997 159.6 160.1 160.8 161.1 161.1 161.0 161.1 161.5 162.1 162.8 162.8 162.8 161.4 160.6 162.2 1995 163.0 163.2 163.3 163.6 164.3 164.2 164.3 164.8 165.1 165.5 165.8 165.8 164.4 163.6 165.2 1999 166.4 166.9 167.3 169.0 168.7 168.3 168.9 169.5 170.0 170.4 170.4 170.5 168.9 167.8 170.0 2000 171.0 172.0 173.5 173.7 174.0 174.3 175.2 175.9 176.6 177.2 177.2 177.1 174.8 173.1 176.5 2001 178.3 179.3 180.1 180.4 181.3 182.0 182.0 181.9 182.5 182.5 182.3 181.6 181.2 180.2 182.1 20021182.4 183.2 184.0 185.1 184.8 184.5 184.7 185.3 185.7 185.8 185.8 185.5 184.7 184.0 185.5 2003 186.6 188.1 189.3 188.8 188.5 188.1 188.4 189.2 189.6 189.4 188.5 188.3 188.6 188.2 188.9 2004 189.4 190.8 192.2 192.3 193.4 193.3 192.9 193.0 193.8 195.0 195.1 194.2 193.0 191.9 194.0 2005 194.5 195.7 197.1 1986. 198.8 198.0 198.6 199.6 201.7 202.6 201.4 200.0 198.9 197.1 200.7 2005 201.7 202.7 8 203.05.3 2 206.9 206.4 206.7 204 .5 Frequently Asked Questions I Freedom of Information Act I Customer Survey QxivaSecurity Statement I Linking to Our Sites I Accessibility U.S. Bureau of Labor Statistics Postal Square Building 2 Massachusetts Ave., NE Washington, DC 20212-0001 Phone: (202) 691-5200 Fax -on -demand: (202) 691-6325 Data questions: bisdata staff@bis.gov Technical (web) questions: webma er"IsmoV Other comments: feedback@bls.gov http://data.bls.govlPDQlservletISurveyOutputServlet?data tool=dropmap&series_id=CUUR0400SAO,CU... 8/16/2006 0 Proposed Solid Waste Collection Rate Changes Proposed Rates Effective 10/1/06 Sanitary Service Inc. Proposed Current Rate Rate Structure Structure Residential $ 10.95 $ 11.25 Toter Carts $ 2.60 $ 2.70 Habitual Late Can Fee $ 5.00 $ 5.00 Commercial Cans (Current) 1/wk 2/wk 3/wk 1 - 3 cans $ 17.84 $ 35.68 $ 53.52 4 - 6 cans $ 35.68 $ 71.36 $ 107.04 7 - 9 cans $ 44.14 $ 88.29 $ 132.42 Commercial Cans (Proposed) 1/wk 2/wk 3/wk 1 - 3 cans $ 18.00 $ 36.00 $ 54.00 4 - 6 cans $ 36.00 $ 72.00 $ 108.00 7 - 9 cans $ 45.00 $ 90.00 $ 135.00 Commercial Containers (Current) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1/2 Yd $ 65.11 $ 92.85 $ 120.09 $ 161.10 $ 202.02 $ 242.95 3 Yd $ 68.24 $ 110.52 $ 152.88 $ 201.42 $ 264.78 $ 320.75 6 Yd $ 106.46 $ 172.00 $ 237.46 $ 316.63 $ 395.83 $ 475.00 8 Yd $ 126.38 $ 196.66 $ 262.14 $ 339.07 $ 421.03 $ 499.34 Commercial Containers (Proposed) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1/2 Yd $ 67.12 $ 95.71 $ 123.79 $ 166.07 $ 208.25 $ 250.44 3 Yd $ 70.34 $ 113.93 $ 157.59 $ 207.63 $ 272.94 $ 330.64 6 Yd $ 109.74 $ 177.30 $ 244.78 $ 326.39 $ 408.03 $ 489.64 8 Yd $ 130.28 $ 202.72 $ 270.22 $ 349.52 $ 434.01 $ 514.73 Commercial Compactors (per dump) Current Proposed 2 Yd $ 28.07 $ 28.65 3 Yd $ 43.78 $ 44.75 4 Yd $ 55.18 $ 56.30 5 Yd $ 66.55 $ 67.90 6 Yd $ 77.48 $ 79.00 8 Yd $ 104.48 $ 106.55 Temporary Container Service Current Proposed Delivery $ 18.48 $ 19.16 Daily Rental $ 0.69 $ 0.72 Monthly Rental $ 18.48 $ 19.16 Extra Dump 3 Yd $ 21.17 $ 21.80 Extra Dump 6 Yd $ 33.26 $ 34.25 Extra Dump 8 Yd $ 42.83 $ 44.10 0 Miscellaneous Collection Services Tires $ 2.75 $ 2.85 Refrigerators $ 37.86 $ 39.25 Overflow Cleanup $12.70 for 5 min $13.00 for 5 min Roll Off Services (Current) $46.001haul + disposal + franchise fees (6 -10 CY containers) $103.00/haul + disposal + franchise fees (20 - 40 CY containers, Weekdays) $156.00/haul + disposal + franchise fees (20 - 40 CY containers, Weekends) $136.00/haul + disposal + franchise fees (asbestos - Ada County) $215.00/haul + disposal + franchise fees (asbestos - Idaho Waste Systems) Extra services $ 84.57 per hour Roll Off Services (Proposed) $47.701haul + disposal + franchise fees (6 -10 CY containers) $106.75/haul + disposal + franchise fees (20 - 40 CY containers, Weekdays) $161.75/haul + disposal + franchise fees (20 - 40 CY containers, Weekends) $141.00/haul + disposal + franchise fees (asbestos -Ada County) $223.00/haul + disposal + franchise fees (asbestos - Idaho Waste Systems) Extra services $ 87.65 per hour Roll Off Container Rental (Current 9 6 Yd $ 1.42 per day $ 42.47 per month 8 Yd $ 1.84 per day $ 55.06 per month 10 Yd $ 2.04 per day $ 61.35 per month 20 Yd $ 2.46 per day $ 70.54 per month 30 Yd $ 3.08 per day $ 86.22 per month 40 Yd $ 3.36 per day $ 98.53 per month Roll Off Container Rental (Proposed 6 Yd $ 1.47 per day $ 44.03 per month 8 Yd $ 1.91 per day $ 57.08 per month 10 Yd $ 2.11 per day $ 63.60 per month 20 Yd $ 2.55 per day $ 73.13 per month 30 Yd $ 3.19 per day $ 89.38 per month 40 Yd $ 3.48 per day $ 102.15 per month Disposal Rates with Franchise Fees (Current Voluntary Commercial Cardboard Collection (Current) - 3 CY containers 1 x/week 2 x/week 3 x/week 1 container $ 38.00 $ 68.00 $ 98.00 2 containers $ 68.00 $ 98.00 $ 128.00 Compact Wood Size SW Dump Demo Dump Dump Waste 6 Yd $ 19.08 $ 38.16 $ 9.54 8 Yd $ 25.44 $ 50.88 $ 12.72 10 Yd $ 31.80 $ 63.60 $ 15.90 20 Yd $ 63.60 $ 127.20 $ 127.20 $ 31.80 30 Yd $ 95.40 $ 190.80 $ 190.80 $ 47.70 40 Yd $ 127.20 $ 254.40 $ 254.40 $ 63.60 Voluntary Commercial Cardboard Collection (Current) - 3 CY containers 1 x/week 2 x/week 3 x/week 1 container $ 38.00 $ 68.00 $ 98.00 2 containers $ 68.00 $ 98.00 $ 128.00 August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 MITMIX-01 APPLICANT Landmark Engineering & Planning ITEM NO. 9 REQUEST Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R-8 zone for Windsong Subdivision No. 2 - north of Ustick Road and west of 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: OTHER: COMMENTS See attached Staff Comments No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • August 18, 2006 MFP 06-4 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Michael Amke ITEM NO. 10 REQUEST Modify Final Plat requirements for the approved fencing along the east and north boundaries for Amke Subdivision - 2070 W. Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Staff Comments See attached Comments No Comments No Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. August 18,2W6 MFP 06,003 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Paramount Development, Inc. ITEM NO. 11 REQUEST Modification of the Final Plat for Paramount Nos. 11 & 12 to eliminate the perimter fencing adjacent to the common areas. Fencing to be installed at the time of residential construction & to be the P1 eference of the individual homeowner for Paramount Sub Nos. 11 & 12 - w/o Meridian Rd & n/o McMillan Rc AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. E August 18, 2006 • AZ 05-067 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Insight Architects ITEM NO. 12 REQUEST Continued Public Healing from July 18, 2006 — Request for Annexation and Zoning of 6.9 acres from RUT to R-15 zones for Casa Meridiana — 1777 Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous item / Minutes Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 August 18, 2006 CUP 05-060 MERIDIAN CITY COUNCIL MEETING August 22, 206 APPLICANT Insight Architects ITEM NO. 13 REQUEST Continued Public Hearing from July 18, 2006 -- Request for Conditional Use Permif for a 32 unit multi -family development in a proposed R-15 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: COMMENTS See Previous Item / Minutes MERIDIAN POST OFFICE: OTHER: See attached Email from Russ Phillips Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • August 18,2W6 AZ 0"19 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 14 REQUEST Continued Public Hearing from August 8, 2006 — Request for Annexation a of 10.59 acres from RUT to R-8 zone for Southwick Subdivision — 1255 West 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: Contacted: Emailed: COMMENTS see Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 15 REQUEST Continued Public Hearing from August 8, 2006 -- Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision — 1255 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes Date: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Phone: i August 18, 2006 • VAR 06-018 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Red Cliff Development ITEM NO. 16 REQUEST Public Hearing -- Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision — 2539 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached Memo & Staff Report See attached Comments No Comments No Comments No Comments IDAHO TRANSPORTATION DEPT. Se attached Comments OTHER: Email from Dennis Brokway, Peckenschnelders, L Betty_Rossow Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctly of Meridian. 0 0 August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 VAR 06-017 APPLICANT Landmark Development Group, LLC ITEM NO. 17 REQUEST Public Hearing — Request for a Variance for a right in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade — southwest comer of Eagle Road and Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT: OTHER: See attached Letters from Citizens COMMENTS See attached Memo & Staff Report See attached Comments See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • August 18, 2006 AZ 06-028 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Horizon Development ITEM NO. 18 REQUEST Public Hearing: Request for Annexation and Zoning of 4.43 acres to an R-15 zone for Touchstone Place Subdivision — 1187 E. Fairview Avenue: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations See attached Comments MERIDIAN POST OFFICE: 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. E August 18, 2006 0 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Horizon Development ITEM NO. 19 REQUEST Public Hearing: Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 multi -family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision — 1187 East Fairview Avenue: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • August 17,2W6 MERIDIAN CITY COUNCIL MEETING APPLICANT Brian Holleran u MI 06-005 August 22, 2006 ITEM NO. 21 REQUEST Public Hearing - Miscellaneous application to amend the previously approved DA (AZ 03-038, PFP 03-007 & CUP 03-071) by removing a provision requiring all future uses on the site to b approved through the CUP process for Mussell Comer Subdivision - NEC of Victory Rd & Meridian Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: IDAHO TRANSPORTATION DEPT: See attached Comments OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 0 August 18, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Big River, LLC AZ 06-010 August 22, 2006 ITEM NO. 22 REQUEST Ordinance No. 06-1237A: Amendment to Ordinance No. 06-1237: AZ 06-010 Request for Annexation & Zoning of 11.50 acres from RUT to an R-4 zone for Cardigan Bay Subdivision — 5450 and 5500 Larkspur Way 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 Ordinance Contacteda 5i f * Date: 912I,GY{ Phone: Emailed: �5.-Sl-����sC��r.��f Staff Initials: A,�? Materials presented at public meetings shalt become property of the City of Meridian. CITY OF MERIDIAN ADA COUNTY RECORDER,tMID NAVARRO AMOUNT .00 E BOISE IDAHO 09/21106 0( X11 DEPUTY Vicki Allen II I I I II II I II I i 111 1 1 1 11 l it l 11 11 ! I I I III RECORDED -REQUEST OF 106151223 City of Meridian AMENDING ORDINANCE NO. 06-1237 A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE 06-1237 (AZ -06-010 CARDIGAN BAY SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTHEAST 1/ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIUM -LOW DENSITY RESIDENTIAL DISTRICT) AND R-2 (LOW DENSITY RESIDENTIAL 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: David and Rebecca Callister & Troy and Tawnee Palmer. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium -Low Density Residential District) and R-2 (Low Density Residential 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 AMENDED ORDINANCE OF AZ -06-010 CARDIGAN BAY SUBD"ION Page 1 of 3 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 22�a day of /At4�1- , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �-a , 2006. OR de ATTEST: BTAL o — WILLIAM G. BERG, JR., CITY CLERK fir AMENDED ORDINANCE OF AZ -06-010 CARDIGAN BAY SUBDN.,,t� torr• , (• STATE OF IDAHO, ) : ) ss County of Ada ) this day of �I.L l.lS}' , 2006, before me, the ;'"�' `"�" undersigned, a Notary Public in and for sa State, personally appeared TAMMY de �' WEERD and ,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. ®.coneea AA ®T'��:�,�,: 14 Sze v" ' •'�' . 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Sun B now or) s�e-or� °Fm 83519038 -MI ,o NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDING ORDINANCE NO. 06-1237 A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast '/ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 6.53 acres and 4.97 acres for a total of 11.50 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. Thi�,ordinance shall become effective on the. Drm* day ofAUQUrs-� , 2,006.r,)r `t M _ Mayor and City Council of the City of M divan rug~v By: William G. Berg, Jr., City Clerk %. First Reading: Cs-�P - O u Adopted a{Ier�s eadu�g ,, spension of the Rule as allowed pursuant to Idaho Code 50-902: YE NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06-1237 A 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. 06-1237 A 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 o5' doj day of r!� " , 2006. William. L.M. Nary, City Attorney AMENDED ORDINANCE SUMMARY - AZ -06-010 CARDIGAN BAY SUBDIVISION Page 1 9 i August 18, 2006 AZ 06-014 MERIDIAN CITY COUNCIL MEETING August 22,2W6 APPLICANT ATM Development, LLC ITEM NO. 23 REQUEST Ordinance No. — Request for Annexation and Zoning of 20.16 acres from RUT to R4 zones for Cabella Creek Subdhdslon — northeast comer of East Victory Road and South Mesa Way 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 Ordinance p6,1�/5v Contacted: ` Date: IVY/,* Phone: Emailed: Staff Initials: /,#V_ = & Qe,j Materials presented at public meetings shag become property of the City of Meridian. • ADA COUNTY RECORDJ& DAVID NAVARRO AMOUNT ,00 f BOISE IDAHO08/3110 1 FM DEPUTY D— Alien III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF 106141055City of Meridian CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-014 CABELLA CREEK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING LOTS 3, 4, 5 & 6 OF BLOCK 1, KACHINA ESTATES LOCATED IN A PORTION OF THE SOUTHEAST 1/ OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL 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: Martin Artis SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential 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 -06-014 CABELLA CREEK SUBDIVISION Page 1 of 3 V (0 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 ZZ day of J , 2006. O APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this AZV414 day of ,4— , 2006. ATTEY: WILLIAM G. BERG, JR., CITY CLE r ' ANNEXATION OF AZ -06-014 CABELY: M. WkBDIVISION Page 2 of 3 (0 (, STATE OF IDAHO, ) : ) ss. County of Ada ) On this =rjday ofd 2006, before me, the undersigned, a Notary Public in and for s ' 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. ®eeesee0 ®®•� TARA • p NO' ►CSM: :9 0 ,rya '-A��Y a 6.&J NOTARY PUBLIC FOR IDAHO RESIDING AT: ftLjdU-)1r—„1. IQ MY COMMISSION EXPIRES: 10-11.11 ANNEXATION OF AZ -06-014 CABELLA CREEK SUBDIVISION Page 3 of 3 February 10, 2006 Project No. 2700 Legal Description Cabella Creek Subdivision Annexation & Rezone Area 20.16 Acres THE LANA GROUP, INC. PARCEL M-10 A tract of land for annexation and rezone purposes, being Lots 3, 4, 5 and 6, Block 1, Kaduna Estates (a recorded subdivision on file in Book 35 of Plats, at Pages 3016 and 3017, records of Ada County, Idaho), and a portion of the Southeast One Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at 5/8 -inch steel pin monumenting the Southeast Corner of said Section 19 on the centerline of E. Victory Road, thence following the southerly line of said Section 19 and said centerline, South 89°42'13" West a distance of 626.18 feet to the POINT OF BEGINNING; Thence following the southerly line of said Section 19 and said centerline, South 89°42'13" West a distance of 945.20 feet to a point on the -centerline of Mesa Way; Thence leaving said southerly line and said centerline, and following the centerline of said Mesa Way, North 00017'47" West a distance of 664.58 feet to a point; Thence 93.92 feet following the arc of a circular curve to the right, said curve having a radius of 13538 feet, a central angle of 39°45'01 ", a chord bearing of. North 19°34'43" East and a chord distance of 92.05 feet to a point; Thence North 39°27'14" East a distance of 261.17 feet to a point; Thence 57.88 feet following the arc of a circular curve to the left, said curve having a radius of 75.00 feet, a central angle of 44913'10", a chord bearing of North 17°20'39" East and a chord distance of 56.46 feet to a point on the northerly line of said Lot 6 extended westerly to said centerline; Thence leaving said centerline and following the northerly line of said Lot 6 South 89°207" East a distance of 622.03 feet to a point monumenting the Northeast Corner of said Lot 6; Thence leaving said northerly line and following the easterly line of said Lot 6, South 00020'54" East a distance of 305.73 feet to a 1/2 -steel pin monumenting the Southeast Comer of said Lot 6; Thence leaving said easterly line and following the northerly line of said Lot 3, 1 S%ie Pl�maur;,t • rsurd.�«r�a ; I rchi�'rrtrua • C.'s'ri! F3n_Gr11, rrinT • Cry!% C'o::rr� lnz�utina e�° Fngiu��: ng • Cnapbk• Cor�un,�•u�iae • Srrr�i�;� 462 E. Shore'Drive, Ste.1!i0, Laglr, Idaho 33616 • P 203.939.40411' 208.939.4445 • a-%v-,Y.thehndgroupiac.com X\Pr6ecc.<':l1rl;o., Aarrr.� <3'rJf1 ::�dmat .l_ ;1<izlnnes {rC. cc.dr c February 10, 2006 Page 2 of 2 North 89°38'37" East a distance of 106.46 feet to a 1/2 -steel pin monumenting the Northeast Comer of said Lot 3; Thence leaving said northerly line and following the easterly line of said Lot 3, South 00023'17" East a distance of 690.42 feet to the POINT OF BEGINNING. The above-described tract of land contains 20.16 Acres, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "A-2" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAN J RO 17 2006 -hRIDIAN PUBLIC wr•RKS DEPT. Site 1?1tnvurg . T '):,d'6 rY*z ."l rth, ih xrrr • (Ad T iu btu yr n • CTv1 Ca: rre Trragrlion & Fix gin2zrir,g • GY}7�lmmwkwion • .1'>r ut�:q 462 E, Shoe: Ddv-e, ate. 1W, angle_ Idaho .43616 • P 208.939.4041 F 203.939.4445 • N%-%k,�v.lhelandgroupuic.com {-i �..-. _. - ® tool I y I� , II �N. Sam A sisve ........"M........9' .6 ..00N..........., Qar�,rozrfl.�r�o'a s z 0 o> 0 Nir7 .(ado I - mow U z z am Q U 6 7 W W J } z U 7 (9 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- Z2$Z PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being lots 3, 4, 5, & 6, Block 1, Kachina Estates, located in a portion of the Southeast'/ of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 20.16 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 2 d day of j L j!g j f s ,,2006..:. Mayor and City Council of AeCify of NVferid' By: William G. Berg, Jr., City Clerk m First Reading: �?i2 —O� Adopted pr first read rig-by-uspension of the Rule as allowed pursuant to Idaho Code 50=9 4 : ATO Second Reading: #' `tig STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- IA5" , 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- lZ,sy 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 P day of &1J '2006. Lj'u�' 2i. William. L.M. Nary, City Atto y ORDINANCE SUMMARY — AZ -06-014 CABELLA CREEK SUBDIVISION Page 1 of 1 • 0 August 18, 2006 AZ 06-021 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Kenai Partners, LLC ITEM NO. 24 REQUEST Ordinance No. — Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C -G General Commercial and R-15 medium high density zonesfor Kenai Subdivision - S of E. Overland Rd, W of S. 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 Ordinance Contacted: ® Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shaft became properly of the City of Meridian. r ADA COUNTY RECORDE AVID NAVARRO AMOUNT 00 (• BOISE IDAHO 08/3110fi( M DEPUTY D- Allen III IIII'll'll�lll'I'll'I�'lll'll'I'll RECORDED -REQUEST OF Clay of Meridian 10614105 CITY OF MERIDIAN ORDINANCE NO. �0 ( 253 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-021 KENAI SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE WEST % OF THE NE/40F SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN,- ESTABLISHING ERIDIAN,ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT) AND 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: Kenai Partners, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-15 (Medium -High Density Residential District) and 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 -06-021 KENAI SUBDIVISION Page 1 of 3 (0 (0 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 22 °' day of 92006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 22wd day of .2006. ZX ATTEST: \ de WEERD WILLIAM G. BERG, ., CIfYtL ANNEXATION OF AZ -06-021 KENAY'S I i'iv Page 2 of 3 r • STATE OF IDAHO, ) : ) ss. County of Ada ) l� On this 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. As a M--1&Ujj NOTARY PUBLIC FOR IDAHO RESIDING AT: -CUL1XLS - 1p MY COMMISSION EXPIRES: let[ 1-11 ANNEXATION OF AZ -06-021 KENAI SUBDIVISION Page 3 of 3 (! Kenai Subdivision Proposed Annexation (6 March 6, 2006 A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of said Section 20, the REAL POINT OF BEGINNING, from which the Northeast comer 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, 2649.87 feet to the Southwest comer of said 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 of said Section 20; Thence along said North-South mid-section line and the East boundary of Resolution Subdivision No. 1, Valencia Plaza Subdivision and Riverbirch Courtyard Condominiums, as same is recorded in Book 82 of Plats at Page 9041, Book 91 of 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. 5l10jtv--`�- MERIDIAN PDPT C WORKS DE 51115/51115-anx. doc 431 ,p,,�3 -7--016 of `®p � JiRY Poe (-0 Kenai Subdivision Proposed R-15 Zone March 6, 2006 A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N., RAE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner of said Section 20, 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 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 to the REAL POINT OF BEGINNING; Thence continuing South 01°42'39" West, 1093.67 feet to the Southwest corner of said 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 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 00°24'04" East, 1104.23 feet; Thence South 89°35'56" 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 35'45'14", and a long chord bearing South 71"43'19" East, 46.05 feet; Thence North 36°09' 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. 4431 = 3-7�6 0 51115/51115-r15.doc 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, T.3N., RAE., 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 89°46'02" East, 2656.88 feet; Thence along the north 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 36'09'18" West, 17.42 feet to a point on a curve; Thence 46.80 feet along the arc of a non -tangent curve to the left, said curve having a radius of 75.00 feet, a delta angle of 35045'14", and a long chord bearing North 71043'19" West, 46.05 feet; Thence North 89°35'56" 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. 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. 1, and of Valencia Plaza 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 00024'04" East, 1541.32 feet to the Point of Beginning. Containing 45.88 acres, more or less. 51115/51115-cg.doc BASIS OF BEARINGS / N 89',WO2"E 2656.89- 20 656.88'-20 1/4 N 89'46'02°E 1308.39' _ 2 21 29 R.P.O.B._ ANNEXATION �— �' dVER<AND ROAD 29 28 R.P.O.B: CG ZONE I gj N p I N C-Gco Lo to I I- i I� u Lo N tp N WI 10) d -I I,dN- S 36'09'18"W oN 89'35'56"23.14'— 17.42 fo zl Cl R.P.O.B.— R-15 ZONE N 89'35'56"W 195.60' IN M to R-15 M I I BR �w APP Ov Y \ V S 8 W 124- 9-- I J 006 CURVE DATA MEi• IDIAN PUBLIC WORKS DEPT. CURVE RADIUS DELTA ARC CHORD BEARING Cl 75.00 3545'14" 46.80 46.05 N 71'43'19" W SCALE 1 "=400' DWG.DATE 03/10/06 bkb ANNEXATION AND REZONE ENGINEERING PROJ. No. 51115 PROPOSED KENAI SUBDIVISION SOLUTIONS,,SHEET 1 OF 1 LOCATED IN THE W 1/2 OF THE NE 1/4 150 E. AIKENS STREET, SUITE B SECTION 20, T.3N., RAE., B.M. Phone �aEAGLE, �� o �83616 ,��41 51115-ANX.DWG MERIDIAN, ADA COUNTY. IDAHO NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- /Z S3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the West % of the NE '/ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 77.66 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, Meridiar, ddt"".' 9.,ordinance shall become effective on the ZZ``d day of �L 77, Mayor and City Council of ifie City cif M . ' ian' By: William G. Berg, Jr., City Clerk��` .~ First Reading: Je-ZZ —d6 A&6%e rs ing by suspension of the Rule as allowed pursuant to Idaho Code 50-0162 i to NO Second Reading: Third Reading: — STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- a 53 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- 12-5-3 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 9q day of qVN4 , 2006. William. L.M. Nary, City Attorn ORDINANCE SUMMARY - AZ -06-021 KENAI SUBDIVISION Page 1 of 1 0 • August 18, 2006 AZ 05-058 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT Todd Campbell ITEM NO. 25 REQUEST Ordinance No. : Request for Annexation and Zoning of 49.95 acres from RUT to an R-8 zone for Keego Springs SubdiVision — 5910 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: See Attached Ordinance ob. " Z i✓"y Date: Yd P1 1 W Phone: St nitials:A&__., ,A" _ 0 /� 0 v Materials presented at public meetings shall become properly of the City of Merldicn. ( 9 CITY OF MERIDIAN ADA COUNTY RECORDWIL DAVID NAVARRO AMOUNT .00 BOISE IDAHO 081311Q _JF PM DEPUTY VIcId Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF 106141054 City of Meridian ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-058 KEEGO SPRINGS SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE WEST % OF THE NORTHWEST 1/ OF SECTION 27, 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 R-8 (MEDIUM DENSITY RESIDENTIAL 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: Todd Campbell SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-058 KEEGO SPRINGS SUBDIVISION 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 ZZ'`' -day of �/u �'� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ZZ=qday of A77 -t f o4 � , 2006. de WEERD ATTE T: KUL WILLIAM G. BERG, A., dTYCL ' ANNEXATION OF AZ -05-058 KEE66 SPRIN68'' UBDIVISION Page 2 of 3 (• (0 STATE OF IDAHO, ) : ) ss. County of Ada ) On this c9Q'6day of & =g+N , 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. TARY PUBLIC FOR IDAHO RESIDING AT: CAitl LIPI J. IP MY COMMISSION EXPIRES: 1011-11 ANNEXATION OF AZ -05-058 KEEGO SPRINGS SUBDIVISION Page 3 of 3 Legal Description • (• .1Evi nY ur EXHIBIT A ,t`f J01ps, PudY,; :Vr1�K$ [f�P PROPERTY DESCRIPTION FOR KEEGO SPRINGS A parcel of land lying in the W112 NW 1 /4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the WI/4 Corner of said Section 27, said point also being the POINT OF BEGINNING; Thence N.000 10'43"W. 1649.32 foot along the west lite of the said NW 114 of Section 27 to a point; Thane 5.89058'2T'E.1324.17 feet to it point lying on the east line of the said WI /2 NWl/4 of Section 27; Thence S.00012'35"E. 1648.50 feet along the said east line of the W1/2 NW I/4 of Section 27 to a point marking the W1/16 Corner of said Section 27; Thence 5.89059'25"W. 1325.06 feet along the south line of the said NW t/4 of Section 27 to the POINT OF BEGINNING. Said parcel contains 49.95 acna, more or less, and is subject to all existing easements and right-of-ways of record or lmplied. Kew sono L/44 effsa+v ogt+ostfa� ax • re R APPfiO ��K-= Li OF SEGINNINO CORNER SECTION R 1 W. B.M. ADA EXHIBIT B 1'+300' 150 0 sch) 600 900 li SCALE W FM (! (e NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- IZ5¢ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the West'/2 of the Northwest'/ of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A This parcel contains 49.95 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 2 day of lhi4ynx ¢ �` •� V .. fid' Cil e Mayor and City Council o the ity ofMe 'dian _ - - 1 By: William G. Berg, Jr., City Clerk First Reading: �� �Z ��6 A e - �g by suspension of the Rule as allowed pursuant to Idaho Code 5Q�,� �S ,' NO Second Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /Z,s¢ 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- / 25�¢ 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 2-44 day of 2006. JA� William. L.M. Nary, City Atto ey ORDINANCE SUMMARY — AZ -05-058 KEEGO SPRINGS SUBDIVISION Page 1 of 1 • 0 August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2W6 APPLICANT ITEM NO. 26 REQUEST Ordinance No. 1st of 3 Readings of Amendment to Impact Fee Ordinance: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Ordinance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 18, 2006 MERIDIAN CITY COUNCIL MEETING August 22, 2006 APPLICANT \ ITEM NO. 27 REQUEST Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations conceming labor negotiations or to acquire an interest in real property, which is not owned by a public agency): 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: E CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT:rv, 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 meefinp #W become property of the City of Meridl m