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HomeMy WebLinkAbout2006-08-159 CITY OF eY1G�1�"Yl� � i IDAHO j y e � 9(13 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 15, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree x Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: lbed� &Y4 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: ���^✓� 4. Adoption of the Agenda: xllp" w-2490.6 Fns i 5. Consent Agenda: A. Approve Minutes of July 10, 2006 City Council & ACHD Commissioners Special Joint/Workshop Meeting: B. Approve Minutes of July 25, 2006 City Council Regular Meeting: G C. Approve Minutes of August 1, 2006 City Council Special Meeting: 11�"P� D. Findings of Fact and Conclusions of Law for Denial: AZ 06- 008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C -C and L -O zones for South Eagle and Victory Road Property Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance — east side of South Eagle Road on both the north and south sides of Victory Road: Ar �,V , Meridian City Council Meeting Agenda — August 15, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E. Findings of Fact and Conclusions of Law for Approval: RZ 06- 005 Request for a Rezone of 1.004 acres from R-4 to L -O (Limited Office District) for Meridian Professional Office by John Homan — 2835 and 2825 North Meridian Road: &� V -e - F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 026 Request for Annexation and Zoning of 60.96 acres from RUT to R-8 zone for Paramount South 60 Subdivision by Paramount Development — northeast comer of North Linder Road and West McMillan Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 025 Request for Preliminary Plat approval of 201 residential lots and 13 common lots on 59.81 acres in a proposed R-8 zone for Paramount South 60 Subdivision by Paramount Development — northeast comer of North Linder Road and West McMillan Road: Gz�- V -f-- H. Findings of Fact and Conclusions of Law for Approval: AZ 06- 027 Request for Annexation and Zoning of 3.92 acres to an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: 111?1� VLC' I. Findings of Fact and Conclusions of Law for Approval: PP 06- 026 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 3.92 acres in a proposed R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: 11 , o v..e-- J. Agreement for Professional Services with BDS Billing Document Specialists for Billing Processing Services for Meridian Utility Billing: 4777" vw-- K. Contract for McMillan Water Main Design on McMillan Road between Wild Goose and Palatine with Civil Survey: ,.0 ,00 L. Public Works Budget Amendment for Fuel / Diesel Line Item: arve- °V M. Development Agreement: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: ,o,�v,.c- N. Agreement to Sponsor Development of Written Work with The New Heritage Theatre Company: ar ,,,,,p.e- oq,, 4 Meridian City Council Meeting Agenda — August 15, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: Ma or' 0 Public Works Department — Len Grady 1. Agreement for Hookup of City of Meridian Sewer and Water Services for JLJ Enterprises at Bittercreek Meadows Subdivision: A v -S 2. Task Order, Scope of Work and Budget for Engineering Services for South Area Lift Station and Pipeline Proiect Amendment No. 2 with CH2M Hill: a79j,,r o,,.<, ver, 4191,90d 7. Items Moved from Consent Agenda: 8. Tabled from August 8, 2006: FP 06-032 Request for Final Plat approval for 107 single-family & townhome residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C -C, R-8 and R-15 zones for Hightower Subdivision by Hightower, LLC — Southwest comer of Jericho Road and Chinden Boulevard: ��.. C&,17vu_•e- P !A, 9. Tabled -from August 8, 2006: VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hiahtower Subdivision by Hightower, LLC — Southwest comer of Jericho Road and Chinden Boulevard:71e�z 10. FP 06-036 Request for Final Plat approval for 70 single-family residential building lots and 6 common lots on 14.47 acres in an R-8 zone for Messina Meadows Subdivision No. 2 by Tuscany Development — west of South Eagle Road and north of Amity Road: A)�„"?-- 11. FP 06-037 Request for Final Plat approval for 47 single-family residential building lots and 1 common lot on 11.45 acres in an R-8 zone for Paramount Subdivision No. 13 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road: a71�?Y"v'A' 12. Continued Public Hearing from August 8, 2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction — northeast comer of Ustick Road and Meridian Road: e'•.s.,,�n&Lt 64, fv _Felp-/, r/ 2v49 6 Meridian City Council Meeting Agenda — August 15, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9 9 13. Continued Public Hearing from July.18, 2006: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering - east of Eagle Road and south of Zeldia Lane: -oo-'l-OC a7��e o R-4- %2 -2 14. Continued Public Hearing from July 18, 2006: PP 0641123 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering -east of Eagle Road and south Zelda -wo- ., 15. Ordinance No. �� - ZSR AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC -3475 East Ustick Road: Xj jjv-ov,t- Meridian City Council Meeting Agenda — August 15, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. P It asr -v NO - -t c c— CITY OF�� -. IDAHO V't ?y P�R �rRE�tSUR�%V�V $7GCE l 1993 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 15, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 10, 2006 City Council & ACHD Commissioners Special Joint/Workshop Meeting: B. Approve Minutes of July 25, 2006 City Council Regular Meeting: C. Approve Minutes of August 1, 2006 City Council Special Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 06- 008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C -C and L -O zones for South Eagle and Victory Road Property Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance — east side of South Eagle Road on both the north and south sides of Victory Road: Meridian City Council Meeting Agenda — August 15, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: RZ 06- 005 Request for a Rezone of 1.004 acres from R-4 to L -O (Limited Office District) for Meridian Professional Office by John Homan — 2835 and 2825 North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 026 Request for Annexation and Zoning of 60.96 acres from RUT to R-8 zone for Paramount South 60 Subdivision by Paramount Development — northeast comer of North Linder Road and West McMillan Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 025 Request for Preliminary Plat approval of 201 residential lots and 13 common lots on 59.81 acres in a proposed R-8 zone for Paramount South 60 Subdivision by Paramount Development — northeast comer of North Linder Road and West McMillan Road: H. Findings of Fact and Conclusions of Law for Approval: AZ 06- 027 Request for Annexation and Zoning of 3.92 acres to an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: I. Findings of Fact and Conclusions of Law for Approval: PP 06- 026 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 3.92 acres in a proposed R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: J. Agreement for Professional Services with BDS Billing Document Specialists for Billing Processing Services for Meridian Utility Billing: K. Contract for McMillan Water Main Design on McMillan Road between Wild Goose and Palatine with Civil Survey: L. Public Works Budget Amendment for Fuel / Diesel Line Item: M. Development Agreement: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: N. Agreement to Sponsor Development of Written Work with The New Heritage Theatre Company: Meridian City Council Meeting Agenda — August 15, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayor's Office 1. Proclamation for Meridian Blue Optimist Football Team: B. Public Works Department — Len Grady 1. Agreement for Hookup of City of Meridian Sewer and Water Services for JLJ Enterprises at Bittercreek Meadows Subdivision: 2. Task Order, Scope of Work and Budget for Engineering Services for South Area Lift Station and Pipeline Project Amendment No. 2 with CH2M Hill: 7. Items Moved from Consent Agenda: 8. Tabled from August 8, 2006: FP 06-032 Request for Final Plat approval for 107 single-family & townhome residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C -C, R-8 and R-15 zones for Hightower Subdivision by Hightower, LLC — Southwest comer of Jericho Road and Chinden Boulevard: 9. Tabled from August 8, 2006: VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hightower Subdivision by Hightower, LLC — Southwest comer of Jericho Road and Chinden Boulevard: 10. FP 06-036 Request for Final Plat approval for 70 single-family residential building lots and 6 common lots on 14.47 acres in an R-8 zone for Messina Meadows Subdivision No. 2 by Tuscany Development — west of South Eagle Road and north of Amity Road: 11. FP 06-037 Request for Final Plat approval for 47 single-family residential building lots and 1 common lot on 11.45 acres in an R-8 zone for Paramount Subdivision No. 13 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road: 12. Continued Public Hearing from August 8, 2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction — northeast comer of Ustick Road and Meridian Road: Meridian City Council Meeting Agenda — August 15, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 13. Continued Public Hearing from July 18, 2006: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: 14. Continued Public Hearing from July 18, 2006: PP 06-023 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: 15. Ordinance No. AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: Meridian City Council Meeting Agenda — August 15, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Offlce at 888-4433 at least 48 hours prior to the public meeting. • 0 Meridian City Council Meeting August 15, 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 15, 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, Ken Bowers, Len Grady, 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: Okay. We will go ahead and open up the City Council meeting. It is Tuesday, August 15th. We would like to welcome you here tonight and I will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. Tonight we will be led in the pledge by Councilman Bird. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Thank you, Mr. Bird. Bird: Thank you. De Weerd: I would give you a City of Meridian pin, but I think you already have several. Bird: Yeah, I think I have a couple. Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore. Is -- there you are. And if you will all join us in the community invocation or take this as an opportunity for a moment of silence. Nice to see you. Moore: Our God in Heaven, we already know what so many in our nation are discovering, that this is a wonderful place to live and we praise you for your blessings in Meridian City Council August 15, 2006 Page 2 of 32 the past of this city and the world in which we live, the part of the world. We thank you for the opulence and the freedom of choice that we have, the great truths that we just pledged allegiance to and we don't want to take those for granted. Father, we thank you for those in the past that have served this city and have given us such a heritage. We also thank you for these of the present that have such heavy responsibility in the light of all of the growth and the decisions that are thrust upon them and in some ways I'm sure they -- they wish this was still a sleepy little hollow and I just recognize that they are -- have put themselves in a position to be criticized and tonight there will be pressures brought to bear and people on both sides of issues, good people on both sides that have their perspectives. We pray that they would exercise good judgment and we offer them to your direction. You have said ask for wisdom and so we do that tonight. I pray that you would continue to bless our city. I pray that we would be a people that would care about our youth and the future that we would make decisions that are not just for the here and now, but we continue this heritage. And, Father, thank you, thank you for those who put their lives on the line. Tonight we can't help but think of what's happening in the Middle East and Iraq and people from this town that have gone to serve and keep our world safe and better. Bless them as well. And we pray that we would each be directed by you and your Spirit to use the gifts that you give us for your glory, in the name of Christ I pray, amen. De Weerd: Thank you, Pastor Moore. Okay. Mr. Nary, would you like to also announce a death that we have had over this last week that -- a long time resident and certainly a spiritual mentor. Nary: Thank you, Madam Mayor. Yeah. Pastor Everett Roberts of Meridian Gospel Tabernacle House of Praise passed away last weekend. He was the pastor emeritus of the church and was the founder and pastor of that church for 60 years before he retired. He passed away last Friday at the age of 93 and there is a memorial service this Friday at 2:30 at Meridian Gospel Tabernacle on 1507 Meridian Road and he was a long time mentor, not just for myself and Mr. Berg, but for many people in this community and served this community in lots of great ways. Was the Grand Marshall of the Centennial Parade, I believe, in 1993. Very well known and very well respected member of our community and a very sad of his passing, but he certainly lived a long life and certainly added a lot to this city of ours. De Weerd: Thank you, Mr. Nary. I think, Council, in light of the deep roots that the Roberts family has, I think if you would not be opposed to do a proclamation for Friday in his honor. Bird: That would be fantastic. Item 4: Adoption of the Agenda: De Weerd: Mr. Berg, could you help assist with that? Thank you. Okay. Item No. 4 is the adoption of the agenda. Meridian City Council August 15, 2006 Page 3 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item N on the Consent Agenda we'd like to move to the regular agenda, make it 7- N. Item 12 on the regular agenda needs to be continued to September 5th, 2006. And Item 15, the ordinance number is 06-1251. And with that I move we approve the agenda as presented. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the adoption of the agenda as noted. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 10, 2006 City Council & ACHD Commissioners Special Joint/Workshop Meeting: B. Approve Minutes of July 25, 2006 City Council Regular Meeting: C. Approve Minutes of August 1, 2006 City Council Special Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 06- 008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C -C and L -O zones for South Eagle and Victory Road Property Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance — east side of South Eagle Road on both the north and south sides of Victory Road: E. Findings of Fact and Conclusions of Law for Approval: RZ 06- 005 Request for a Rezone of 1.004 acres from R-4 to L -O (Limited Office District) for Meridian Professional Office by John Homan — 2835 and 2825 North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 026 Request for Annexation and Zoning of 60.96 acres from RUT to R-8 zone for Paramount South 60 Subdivision by Paramount Development — northeast corner of North Linder Road and West McMillan Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 025 Request for Preliminary Plat approval of 201 residential lots and 13 common lots on 59.81 acres in a proposed R-8 zone for Meridian City Council • August 15, 2006 Page 4 of 32 Paramount South 60 Subdivision by Paramount Development — northeast corner of North Linder Road and West McMillan Road: H. Findings of Fact and Conclusions of Law for Approval: AZ 06- 027 Request for Annexation and Zoning of 3.92 acres to an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: Findings of Fact and Conclusions of Law for Approval: PP 06- 026 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 3.92 acres in a proposed R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC — 635 and 675 South Linder Road: J. Agreement for Professional Services with BDS Billing Document Specialists for Billing Processing Services for Meridian Utility Billing: K. Contract for McMillan Water Main Design on McMillan Road between Wild Goose and Palatine with Civil Survey: L. Public Works Budget Amendment for Fuel / Diesel Line Item: M. Development Agreement: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move on the Consent Agenda that we move Item N to 7-N. And with that we approve the rest of the Consent Agenda and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second on Item 5 to approve the Consent Agenda as changed. 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. Meridian City Council August 15, 2006 Page 5 of 32 Item 6: Department Reports: A. Public Works Department — Len Grady 1. Agreement for Hookup of City of Meridian Sewer and Water Services for JLJ Enterprises at Bittercreek Meadows Subdivision: De Weerd: Okay. Item 6-A. Mr. Grady. Our light keeps getting worse and worse. Berg: Madam Mayor, the bulb is on order. It is back ordered, because they don't have any in stock and we have considered to purchase a backup at one time, but 425 dollars sitting on the shelf, we thought we could get it way before it went out. De Weerd: So, we ordered two this time, huh? Berg: Yeah. De Weerd: Okay. Well, apologize to our public that the view is not very clear. We will try and share as much information verbally as we can. Mr. Grady? Grady: Madam Mayor, Members of the Council, I'm here to talk about a Bittercreek agreement with JLJ Enterprises. Basically it -- from the map there, for those of you having trouble seeing, the Bittercreek Subdivision is down towards the south there and it would -- this agreement would consist of water and sew er for that subdivision and pressure sewer coming up and pumping into the Black Cat Trunk area. Roughly, two miles there. The next slide shows a summary of responsibilities. Basically, JLJ Enterprises will design, construct, and donate everything, with the exception of the lift station. The City of Meridian will design and construct the lift station and own and operate all of the utilities. Second to this department report is a design contract with CH2M Hill for exactly that design of that lift station. We would consider this to be an interim regional lift station. In other words, we don't anticipate this would be the final location, but certainly would, you know, depending on years, serve us for several years. Depending on growth down in that area would serve us for several years. With that I will stand for questions. De Weerd: Thank you, Len. Any questions for Len at this time? Bird: I have none. De Weerd: Council, no questions? Okay. I think staff is seeking a motion on this. Rountree: Mr. Mayor? De Weerd: Mr. Rountree. Meridian City Council August 15, 2006 Page 6 of 32 Rountree: I move that we approve the agreement and have staff move forward with the agreement and contract for the hook up to Meridian city sewer and water for JLJ Enterprises at Bittercreek Meadows Subdivision. Bird: Second. De Weerd: Okay. I have a motion and a second to approve staffs request. Is there any further discussion, information needed? Seeing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Task Order. Scope of Work and Budget for Engineering Services for South Area Lift Station and Pipeline Proiect Amendment No. 2 with CH2M Hill: De Weerd: Okay. Item A-2. Grady: And that would be the CH2M Hill agreement. It's roughly 190,000 dollars. Obviously, was contingent on part A of this discussion. We are under a fairly tight time frame to get this up and operational by the first part of next year. So, this contract would include design, sizing, and a fairly tight time. De Weerd: Okay. Council, any questions? Bird: Ma'am, I got one dumb question. De Weerd: Mr. Bird. Bird: Len, what size is brought on board out there on Black Cat? Grady: It would be quite a bit smaller. We are looking at roughly in the neighborhood five cfs. You can translate that to roughly 5,000 ERUs, a rough scale there. Bird: Okay. Thank you. De Weerd: Okay. Any further questions? Okay. Do I have a motion? Rountree: Madam Mayor, I move that we approve the contract for CH2M Hill for 190,000 and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: Okay. I have a motion to approve the request on Item 6-A-2. If there is no discussion, Mr. Berg, will you call roll. Meridian City Council r August 15, 2006 Page 7 of 32 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: N. Agreement to Sponsor Development of Written Work with The New Heritage Theatre Company: De Weerd: Okay. Council, Item 7, we did remove Item N from the Consent Agenda, which is an agreement sponsor development of the written work with the new Heritage Theater Company. This item is brought to you as a request by the Mayor's Anti Drug Coalition. It is to move forward with an outreach to the youth in our community through the new Heritage Theater to speak on different substances that we are seeing problems with in our schools. They have raised the money through sponsorships from our business community. One of the largest donors is Jackson Food Stores. They have provided a sponsorship of 8,500 dollars. So, this item is in front of you as just kind of a pass through. There will be no tax dollars towards this project. It is solely raised through funds provided by sponsors. Are there any questions? Bird: I have none. De Weerd: Okay. I would need a motion to approve this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thank you for that explanation. I think that definitely needs to get out in the public, show what your group are doing, how hard they are working at this and I would move that we approve the sponsor development of written work with the new Heritage Theater Company. Rountree: Second. De Weerd: Okay. I have a motion and a second. Just in form of discussion, Council, this will provide the written script. It will be available, then, for production in our school district, not just Meridian, but the entire school district. We are fund raising right now for additional monies to bring it to production and are writing grants as well towards that goal. So, if -- if and when we get to that point -- I don't say if -- when we get to that point you will see, then, an agreement for a pass through funds on that as well and we have already started the fund raising for that. So, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council August 15, 2006 Page 8 of 32 MOTION CARRIED: ALL AYES. Item 8: Tabled from August 8, 2006: FP 06-032 Request for Final Plat approval for 107 single-family & townhome residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C -C, R-8 and R-15 zones for Hightower Subdivision by Hightower, LLC — Southwest corner of Jericho Road and Chinden Boulevard: Item 9: Tabled from August 8, 2006: VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hightower Subdivision by Hightower, LLC — Southwest corner of Jericho Road and Chinden Boulevard: De Weerd: Okay. Items 8 and 9 on FP 06-032 and VAC 06-010 are regarding the same subdivision. I understand from staff that we do have written agreement from -- the applicant's in agreement to staff comments; is that correct, Anna? Canning: Yes, ma'am. On the final plat they are in agreement with the conditions of approval. With regard to the variance quickly, one of the conditions of approval for Hightower -- you may remember that ITD had requested that Jericho be closed and ACHD had concurred with that and the applicant has worked with the property owner across the street, which is JLJ Enterprises also, and they are submitting the application to the Ada County Highway District. So, this is our consent to vacate Jericho Road just from where it joins Westborough Subdivision here on the very far east boundary of Hightower. De Weerd: And, Anna, access would be given, then, through the development that is -- Canning: Correct. Council approved a new collector road that lines up with Castlebury Drive and this would be a collector road coming into the project and will provide access by this east -west route here going over to the Westborough Subdivision. De Weerd: We appreciate that and we are approving an access and deleting an access to help with that access management on a soon to be and already very busy road. Thank you, Anna, for your staffs efforts. Council, any questions on these two items? Okay. I would entertain a motion. Wardle: Madam Mayor, just a point of clarification. Item 9 is not a Public Hearing, action item only? De Weerd: That's correct. Wardle: I would move that we approve Item 8, FP 06-032, and Item 9, VAC 06-010. Borton: Second. Meridian City Council August 15, 2006 Page 9 of 32 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Actually, for a vacation you do have to have a Public Hearing. I think it just was an error that it got noticed as tabled, rather than continued, but it is a Public Hearing. De Weerd: Oh. Okay. I thought since it wasn't a Public Hearing we had already closed it -- Nary: I think it -- yeah. We hadn't actually heard it. De Weerd: We haven't closed it? Nary: We hadn't actually heard it. We had just actually continued them all -- De Weerd: Okay. Nary: -- because they weren't ready, so -- De Weerd: Well, I apologize. Nary: It should have said continued, rather than tabled. De Weerd: Okay. Rountree: For both eight and nine? De Weerd: No. Just nine. Okay. Wardle: Second agrees and I will amend my motion to approve Item eight, De Weerd: Okay. Borton: Second agrees. De Weerd: Thank you. And sorry for the confusion. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item No. 9, 1 will go ahead and open as a Public Hearing on VAC 06- 010 and have staff comments. Anna, do you have additional comments on this item? Canning: Madam Mayor could you give -- is this Messina Meadows? I'm sorry. Meridian City Council August 15, 2006 Page 10 of 32 De Weerd: No. This is Hightower Subdivision, item you had just covered -- Canning: Okay. De Weerd: -- on the vacation. Canning: No. De Weerd: Okay. Canning: If you can give me a moment, most vacation requests are Public Hearings, but I believe because you're not the final decision maker, you're, actually, not conducting the Public Hearing. So, I don't know -- it's probably okay if you do, so -- do I need to look it up or -- Nary: No. I mean you still have to hold a Public Hearing on -- at your level to make your final decision. The final decision maker is the highway district. But we do hold it as a Public Hearing to get any other feedback or input before you make that recommendation. De Weerd: Okay. Thank you. Canning: No comments on the final plat. We have a letter from the applicant stating that they are in agreement with the conditions of approval. De Weerd: Okay. Is the applicant here tonight? Would you like to provide any comments? Okay. Well, is there any member of the public who would like to make comments on this item? Okay. Seeing none, it is an item that we send a recommendation to the Ada County Highway District and, again, this is an important element in our efforts to restrict or consolidate access to a state highway. So, as the application came through that was the end goal and so recommendation is needed and strong recommendation to Ada County Highway District. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on VAC 06-010. Rountree: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council • August 15, 2006 Page 11 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 06-010 and have the attorney send a letter with a strong recommendation of our approval to ACHD for their final decision. Rountree: Second. De Weerd: Okay. I have a motion and a second to instruct the city attorney to send a letter to ACHD with City Council's recommendation -- strong recommendation to approve this vacation. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: FP 06-036 Request for Final Plat approval for 70 single-family residential building lots and 6 common lots on 14.47 acres in an R-8 zone for Messina Meadows Subdivision No. 2 by Tuscany Development — west of South Eagle Road and north of Amity Road: Item 11: FP 06-037 Request for Final Plat approval for 47 single-family residential building lots and 1 common lot on 11.45 acres in an R-8 zone for Paramount Subdivision No. 13 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road: De Weerd: Okay. Items 10 and 11 it looks like we got comments from the applicants that they are in approval with staff comments. Anna, do you have any comments on Items 10 or 11, FP 06-036 or FP 06-037? Canning: No, ma'am, I do not. De Weerd: Okay. Council, do you have any questions for staff? Okay. If not, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve FP 06-036 and Item 11, FP 06-037. Berg: Second. Meridian City Council r August 15, 2006 Page 12 of 32 De Weerd: I have a motion and a second to approve Items 10 and 11. 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 12: Continued Public Hearing from August 8, 2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction — northeast corner of Ustick Road and Meridian Road: De Weerd: Okay. We have a request on Item 12 to continue this Public Hearing to September 5th. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 12 to our next -- that isn't -- to September 5th, 2006. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 12 to September 5th, 2006. All those in favor say. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from July 18, 2006: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: Item 14: Continued Public Hearing from July 18, 2006: PP 06-023 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: De Weerd: Okay. Items 13 and 14 are continued public hearings from July 18th on AZ 06-024 and PP 06-023. 1 will open with staff comments. Canning: Madam Mayor, Members of the Council, again, this is the Napoli project. It's located just south of Kingsbridge, immediately across from Messina Meadows final plat, which was just approved a moment ago. It is on the east side of Eagle Road and, then, Meridian City Council August 15, 2006 Page 13 of 32 south of Zeldia Lane, which is a private lane in the county immediately to the north of this project. The gross residential density as originally proposed was 3.07 dwelling units per acre, just barely within the medium density designation listed on the Comprehensive Plan. This was the site plan you saw last week, just for -- not last week. In July for reference. They had a number of -- it was R-4 zoning on 10.17 acres. Lots ranged from about 8,500 to 12,000 square feet in area. Some being a little larger. And there was approximately 10.61 percent of the site being set aside for open space. This is the revised plat. They have lost three lots. One here in this center block and two along the outside L-shaped block -- reversed L-shaped block. So, they are down to 26 buildable lots. Lot sizes along Eagle Road range from about 8,500 square feet. They are all right in that target there. Lots in the interior are 9,900 to 10,500 and, then, the lots in Block 3 are 11,800 to 18,000 square feet in area. The open space increased from ten to 12 percent. Again, they weren't providing one open space lot, they do have the separated sidewalk and, then, the landscaping along the entrance road for Zeldia Lane. One other item. At the last hearing the applicant did agree to amend site specific condition 1.15 to state that they would provide a six foot tall closed vision vinyl fence around the perimeter of the development, tapering to three feet at the main northern entrance as proposed. That gets you up to date on the previous hearing. You did ask the applicant to go back and have a neighborhood meeting and to consider transitional lot sizes. You also discussed common open space areas and the transition to larger homes versus the Comprehensive Plan designation for the area. With that I will end staffs presentation. If you have specific questions I would be glad to answer them. Or try. De Weerd: Council, specific questions for staff at this time? Rountree: I have none right now. Bird: I have none at this time. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Whitehead: Madam Mayor, Members of the Council, hello and good evening. For the record my name is Sabrina Whitehead, I am here on behalf the F&C Development and Briggs Engineering. My business address is 1800 West Overland Road, Boise, Idaho. 83705. And this evening, as Anna has stated, I'm in front of you concerning the annexation, zoning, and preliminary plat for Napoli Subdivision. And as we all remember from our July 18th hearing date, we were tabled in order to have another neighborhood meeting with the surrounding neighborhoods. I would like to just personally thank the Council and Mayor for the opportunity to go back to have the second neighborhood meeting and to be able to present those findings to you this evening. Before I begin I would just like to make a note that within my job I would have to say that working with the neighbors and working through issues is probably my number one most difficult task that I have. It's really just -- it's a fine line. The line determines many aspects. The aspects range from the developer's dream and vision of the subdivision, as well as the neighbors' rights and views of the area. It is a hard line Meridian City Council • August 15, 2006 Page 14 of 32 to work, not only to help mitigate any problems that the neighbors may have, but also you have to help not infringe on the property rights that the developer has. Unfortunately, there is no simple answer and if there was my job would be a lot easier. So, a comprise and meeting a common ground is really hard to achieve. And on that note I'd like to discuss our neighborhood meetings that we conducted for Napoli Subdivision. After the July 18th hearing we conducted our first meeting on August 1st. Notification was sent out to include 600 feet surrounding the subject site. Discussion that evening pertained to the buffering of the larger lots with an open space for children to play in. The developer went back to modify the layout to include a decrease from 29 buildable lots to 26, with a common area of around 11,500 square feet in the middle of the subject site. This was a change from the developer's original plan, which removed the eight foot planter strip and decreased the road width from 60 feet to 50. With the road modification and with the larger perimeter lots, the lots increased in width from approximately -- to 85 feet. We held a second neighborhood meeting, showed the changes on August 8th. Overall, the neighbors did not like the new site plan. Their issues were that the width of the perimeter lots were too small and that the lots in the middle were too small as well. The neighbors wanted to see a lot width that was over 100 feet and a community open space was not a concern. They, in fact, would rather see the common space divvied out into lots to make them larger. The rationale behind this that if the lots were larger the kids would play in their own yards. The developer revised the layout once again. He divvied up the common space along the lots in the middle of the plat, since the lots ranged in size from 9,936 to approximately 10,500 square feet. The lot width for the perimeter lots were increased to 105 feet in width, with lots ranging in size from 11,800 square feet to 18,000 square feet. However, with these changes the neighbors were still not happy with the layout. They decided overall what they wanted to see was to have a minimum lot size of 12,000 square feet for this development. Now, as I spoke before, this is where the fine line really takes place. Financially, the developer has taken out all he can. To not only have -- just to only have 12,000 square feet lots the development would not pencil out. Unfortunately, that elusive common ground could be found and the developer has taken great time and financial expense to constantly revise the layout to the best of his ability. However, unfortunately, no resolution could be made. At this time I'd like to stop and allow for the developer, as well as the neighbors, to make their comments and I will finish my closing remarks during my rebuttal time and I will stand for any questions that you may have. De Weerd: Council, any questions for the applicant at this point? Your developer can have the rest of your time. Is he here? Sabrina? Oh. Sorry, you will need to speak into the mike. Edson: Madam Mayor, my name is Gary Edson. I'm here representing the developer and we would like to reserve our time until the end of the presentation if we could. De Weerd: Okay. You are given a certain amount of time in the rebuttal part, so -- Edson: If we could possibly add it to that. Meridian City Council August 15, 2006 Page 15 of 32 De Weerd: Council, would you -- Bird: That would be fine. De Weerd: As long as it's not new testimony that -- the neighbors should be able to be able to comment on that. Edson: It wouldn't be testimony. De Weerd: Okay. Edson: It would, really, just be a summary for -- sort of our view of what the Comprehensive Plan provides. De Weerd: Okay. Thank you. And just for the record if you will state your name and address. Edson: I'm sorry. Gary Edson and my address is 338 East Bannock Street in Boise. De Weerd: Thank you. Yes, Mr. Wardle? Wardle: Madam Mayor, if -- certainly in our process we have time for the applicant to respond to comments from the rest of the public, but if we are going to hear -- if we are going to hear testimony in regard to the application and, then, take comment from the neighborhood, I would prefer to have that testimony up front. De Weerd: He suggested it wasn't testimony, it was a summary. So, that's certainly -- Wardle: He should be able to do that, but -- Bird: Madam Mayor? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think you tried to make it clear to Mr. Edson and I guess as long as they are clear -- what I thought I heard him say was what they wanted to include was references to the Comprehensive Plan and whether it complies with that. That doesn't sound like rebuttal to me, that sounds like initial testimony as to why this application is in compliance with our codes and Comprehensive Plan and I guess my concern would be is if he brings that up in rebuttal, it may require us to allow the other parties to, then, have another opportunity to rebut and I think that's what you're trying to avoid. So, if he understands that if it's anything outside of what is purely rebuttal, you're probably going to stop him and he's not going to get to make all of those statements that he may think he can. It may be best to make them now. Meridian City Council August 15, 2006 Page 16 of 32 Bird: Madam Mayor? De Weerd: And, sir, you understand that? Bird: I agree, I think the -- Rountree: Get it out front. Bird: Get it out front. Edson: Thank you, Mr. Nary. With that clarification I think, then, I will take the opportunity to make my comments De Weerd: Okay. Thank you. Edson: Essentially, the points that I would like to make really deal with the issues of the Comprehensive Plan. My client finds himself in the position of having presented a final plan -- or final plat for consideration, which is below the minimums -- Nary: Mr. Edson, could you pull the mike up a little bit. We are having trouble hearing you. More towards you. There you go. Edson: What he's presented is a plan that's below the minimum required. It's three to eight units per acre to be in the designation R-4. What we have before you tonight is 2.7 units per acre. 2.75. So, we are below that minimum standard. What we find ourself with is an issue where neighbors are used to a rural atmosphere and yet literally across the street Messina Meadows, I believe is the name of the subdivision, directly across the street from this subdivision are lots that are of a size 7,000 square feet. Much smaller. And in the testimony that was presented and the comments were made at Planning and Zoning, they made reference to the fact that the designation to go from low density to medium density was, actually, much further back within the Kingsbridge Subdivision and where they brought it to. So, we are beyond the point of transition and we are squarely within the Comprehensive Plan in the area that permits my client's designation and my client has made every effort to try to accommodate his neighbors, to try to make -- we started out with a preliminary plat that had 32 buildable units on it. We have reduced that to 29, reduced it again to 26, and the lot sizes have gone from on the edge bordering Mr. De Angeli's property from 80 feet wide now to 105 feet and what we have found is that making the accommodations, making the changes, it's a moving target and the neighbors, while they have legitimate concerns and we have tried addressing those, the target has been continuously moving. And what I would like to point out to the members of the Council is that within our own city website and on the city code we provide that they will be for approval of preliminary plat that comply with the Comprehensive Plan approval within three to four months. My client's been at this since February. We had the initial meeting with P&Z back in the early part of March. We are seven months into this process. My client has spent now in excess of 10,000 Meridian City Council August 15, 2006 Page 17 of 32 dollars beyond what he would have anticipated spending in making improvements, alterations, and reductions to this subdivision. And it is at the break even point and at the last hearing that you had you had neighbors commenting that they, themselves, were considering at some point in the future making subdivisions of their own property. I think that's inevitable. I think it's laudable of the Council for wanting to make a beautiful pristine place where lots of folks would like to live. I think that my client's subdivision is a good development for the size that it is and within the ten acres -- and this was noted at the P&Z hearing on final approval. There is so much you can do with a subdivision like Kingsbridge where you are dealing with many many acres, 60, 80 acres. You have a lot more options. You don't have a lot of options in ten acres. What we have provided is that, though. We are below the minimum required by the Comprehensive Plan. We have as low a density as you can be without making this, essentially, a small Two Rivers. We just don't have that ability -- that flexibility in this project. What was suggested and what I would like the Council to consider is the suggestion which was made at P&Z and that is for these neighbors, if they have these concerns, they can go forward as a group, present to you a revision of the Comprehensive Plan for this general area, agree what they would like to see have happen in development over the next five, ten years and present that to the city and to Planning and Zoning for their approval. That hasn't been done. What we have had, unfortunately, is a bit of a nitpick. We don't like this, we don't like that, and my client has done everything that he can do to legitimately bring this forward to you for consideration. It meets with the Comprehensive Plan. It's been recommended for approval by the staff at P&Z. And, in fact, their original recommendation was to have higher density than what we ultimately have settled on. So, it's gone down from 32 units to 26. We have increased the sizes of the lots running along the De Angeli property line. The smaller lots -- even the smallest lots are still larger, substantially, than what is directly across the street. So, I would submit to you that this is as good a project as it can be and that to deny approval at this point would be flying in the face of the Comprehensive Plan, be flying in the face of the city code. So, with that I would submit that our plan as finally proposed should be approved, even though it may not make the neighbors happy. It's more than adequate to comply with the code and I think that my client would find himself in the awkward position of having to decide whether or not his property is being adversely affected by the Council's denial of a preliminary plat. Thank you. And I will take any questions if you have any for me. De Weerd: Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Edson, can you summarize for me what -- what happened after the July 18th meeting and I think it was requested that you go back and meet with the neighbors -- Meridian City Council • • August 15, 2006 Page 18 of 32 Edson: Yeah. Borton: -- when that meeting took place and what came of it, what changed because of that meeting? Edson: Yes. Thank you. Two things took place. One, there was an initial meeting with the neighbors that took place on August 1 st. At the August 1 st meeting the -- what was discussed at that point was the issue of the size of the lots and the play area, the common area, if you will, and which -- and just to remind everyone, the minimum is five percent. This is over ten and up to 12 percent now. The neighbors suggested at that meeting that they didn't -- they weren't so concerned about having this common area space if the lots could be made larger and my client worked with Briggs Engineering, came up with a new design that increased all the lots, even what they hold out as this, you know, sort of a goal standard, Kingsbridge, those lots are 15,000 square feet. What we have ended up with is 12,000 to 18,000 square feet along the De Angeli property line and that's what we were -- had been asked for as a buffer or transition space and we have met that. We exceeded that. We presented, then, a follow on meeting, Councilman Borton, that took place on August 8th and the new design was presented to the neighbors, at which point we were told that they wanted to caucus, they didn't like the -- even the new design, which addressed those concerns, and that they, basically told us to come here and have you make a final decision, that they weren't going to approve it. So, unfortunately, this is just a situation where all good intentions aside and all the legitimate concerns having been taken into account, there doesn't seem to be a way of satisfying the group as a whole and I just would point out that some of the folks who were sort of leading the charge here are people who are not -- what the code requires is a notice to neighbors within 300 feet. We have doubled that. We have given notice to folks more than 600 feet away and some further than that. So, we are hearing from people beyond -- we are being asked to sort of resolve the difficulties with problems that people perceive over an area half a mile wide, opposed to this property and this project, which I would submit has met their expectations and what they have requested. We have increased the size of the lots and we have made it as feasible as possible, considering that we could have gone up to eight units per acre and we are now at 2.7. And the minimum is three. So, I can't see, from a legal standpoint, a basis for denial. But if there is any other questions. That's the -- for the timeline and the events that took place between the last meeting in July, we had a preliminary meeting on August 1st, follow up a week later on August 8th and now we are here before you again on the 15th. Borton: Okay. Thank you. De Weerd: Okay. Any further questions, Council? Okay. Thank you. Edson: Thank you. Meridian City Council • August 15, 2006 Page 19 of 32 De Weerd: I have a number of people that are signed up. If you would like to provide testimony, when I call your name and indicate either for or against, you can certainly provide testimony at that time. Larry Allen signed up against. If you will, please, state your name and address. Allen: Larry Allen, 4617 South Martinel, and I am one of those people that is outside of the parameters of distance that they had to notify. But there is one tract of land between us and this subdivision. I am a builder, so I think -- I have an idea of what the lots need to be. At this point I am neutral on the subdivision. It can go as platted if there is no changes in the plat. Thank you. De Weerd: Thank you. Phillip De Angeli signed up against. If you will, please, state your name and address. De Angeli: Phillip De Angeli. 3405 Zeldia Lane. De Weerd: Thank you. De Angeli: Anna, do you have the vicinity map that we could use here that shows it a little more? Thank you. This is my lot right here. It is next to the proposed subdivision. The difficulty, as I see it, is that there is a difference in conceptions of what this area of Meridian should look like. The applicant feels that R-4 is consistent with -- as they said, Tuscany on the other side of Eagle Road. But we and my neighbors feel that the housing across Eagle Road is an entirely different neighborhood and that the subdivisions which are adjacent to their proposal is what should be followed. The applicant is proposing 26 houses on 9.44 acres. Coincidentally, phase two of Kingsbridge right here is also going to provide 26 homes, but they are on 20 acres, instead of 9.4. We feel like there is -- me and the neighbors feel like there is a terrific opportunity here to develop a prestigious community with estate size lots. Commissioner Zaremba of the Planning and Zoning has advised us that besides city approval, all that is really needed is a unanimous agreement between all of the property owners and that we can -- and that we do have that agreement now. So, it's possible that a development similar to -- as the other fellow stated -- alluded to was the Eagle Two Rivers Subdivision -- all the way from the south side of Kingsbury down to Amity Road, with the -- I believe we have 91 or 92 acres combined in agreement for R-2 minimum and to create a nice place. The -- everybody -- the reason is everybody wants to stay where they are and control the growth and keep their homes where they are and live amongst kind of a more spacious thing like we have now. But with Napoli's proposal of -- if you look at some of those lots on Eagle Road especially, are really small and they are at a very strategic place, an entrance to the idea that the rest of us have. It would detract enormously from any kind of effort we would have to make a nice community back in there, so -- De Weerd: Sir, if you could, please, summarize. De Angeli: I'm done. Meridian City Council August 15, 2006 Page 20 of 32 De Weerd: Thank you. De Angeli: I just would ask you to, please, deny this annexation. De Weerd: Thank you. Judy De Angeli signed up against. Bradford -- okay. What was that? Deadman: Deadman. De Weerd: Deadman. Deadman: Bradford Deadman. I always tell people almost like the body. De Weerd: Well, I thought it was D -e -d -u -a -u and so I wasn't going to even try that one. Deadman: You're being very polite. My name is Bradford Deadman and I reside at 3644 East Zeldia, which is right there. Trying to be steady. I, too, am -- I signed up against the Napoli Subdivision as proposed, just because of the density. I do feel, however, converse to Mr. Edson's remark earlier that -- I don't really believe that we are at a break even point or that we are providing a moving target, I guess, with what we are hoping to see, because we feel that we have been fairly consistent, the neighbors and I, feel like we have been fairly consistent all along with our hopes that what happens in Napoli at least mirrors what has happened in Kingsbridge -- and what is happening, I should say, in Kingsbridge. Vision First did an admirable job of involving the neighbors and the Council and numerous meetings in helping to create something very nice in their R-2 zone and what we just want to see is it continue. It's a wonderful thing and as we start to drive down this private lane of Zeldia I think at the very least what would be a very attractive part of the neighborhood is to have neighborhoods that compliment each other on both sides of Zeldia, which would be a target range -- we chose a target range of square footage of being right around 12,000 square feet per lot, looking mostly at the density of what is going on already at Kingsbridge and I personally feel that it's also a little bit in honor of the process that we have all gone through working together as a neighborhood to seek that type of development. I also want to pay a compliment to Mrs. Whitehead. I think she has done a good job of trying to get the neighbors together. She invited me and I'm well passed 300 feet, because as anybody who sees these five acre lots, they are all approximately 300 feet wide. So, she invited everybody on Zeldia Lane to attend this meeting the second -- or, excuse me, the first and the second neighborhood meetings, that's on August 1st and August 9th. Hopefully, you have received my e-mail summary of my interpretation of those meetings and I think it is -- a compliment is duly paid. However, a moving target we do feel has been very steady. We have shot for a particular square footage to mirror that property in the hopes of retaining a good looking neighborhood and I think it's a fine opportunity for the developers of Napoli to create that. That is my main comment. Thank you very much. I'd love a question. Meridian City Council August 15, 2006 Page 21 of 32 De Weerd: Thank you. Don and Marie Morgan signed up against. Morgan: Hi. I'm Don Morgan. 4620 South Martinel -- De Weerd: Thank you. Morgan: -- in Meridian. As I commented last time, my -- my goal would be to get us to revisit the Comprehensive Plan a little bit. We weren't part of the city -- we are still not part of the city right now and so when the Comprehensive Plan was made we weren't really part of that process and so when we first heard of this subdivision, the first community meeting they showed us the 32 lots that they had on their preliminary plan and everybody in that meeting said, no, we need them bigger than that and they assured us, okay, yeah, we will make them bigger. And, then, when they went to Planning and Zoning they were told that they shouldn't make them any bigger because of the Comprehensive Plan and, then, when we attended a Planning and Zoning meeting they told us that it was really passed their jurisdiction to do anything outside of the Comprehensive Plan and we should talk to the City Council and that's kind of what we did last time. We were hoping that we could move it up more towards the R-2, which would be something like two lots per acre and that would give us something around 18 lots and we keep hearing a lot of lot -- a lot of verbiage about how they are working with us, coming down from 32 to 26, but another way to look at it is that they are still far from our goal of 18. So, you know, you can move halfway to there. As far as the seven months that he's been in this process, I'm not sure if it's a legitimate place to mark as the first public meeting when we told them we wanted bigger lots when the lots didn't really get bigger from that point. Anyway, I'm still where I was in the first place. I'd like to see the lots bigger and I'd like to see the Comprehensive Plan be spread throughout all of these acreages nearby. I would be willing to see, you know, my area be -- my particular lot be zoned R-2 and have the same restrictions on it if this one gets that restriction. Of course, if they don't, then, I don't want any restriction on mine either. I believe that's it. Thank you. Any questions? De Weerd: Thank you. Okay. Roger and Theresa Taylor signed up against. Taylor: Roger Taylor. I live at 4606 South Eagle Road. I'm just south of the development that's going in there. And what we are talking about is we are all on ten acre lots. We have all agreed to the R-2. But only if this is going to stay as an R-2, which would keep what Kingsbridge is already set at. And that would bring development on through for everybody, instead of -- and have a nice development all the way through and from what you can see and we haven't really agreed upon anything so far, so we have come down to where you have the control over this. You have the decision to say whether we have a nice subdivision all the way through or we are going to be broke up in different type subdivisions all the way through, because when everybody else develops, if and when it develops, there are going to want to go with the R-4 if this one stays the R-4. So, basically, it's -- I'm against it, but if you have the control, you should be able to decide, even if it is -- even with the threat of a lawsuit, it Meridian City Council • August 15, 2006 Page 22 of 32 sounds to me like, even if, you know, it doesn't meet the Comprehensive Plan right now, because you have the control to change that. So that's all I have to say. Thanks. De Weerd: Thank you. Okay. Sherry Lewis signed up as neutral. Lewis: Mayor and Council Members, I am Sherry Lewis, I'm a resident at 4200 South Eagle Road. I don't see that up there on the -- the map right at the moment. But we have a 20 acre parcel at the end of Zeldia Road and Mr. Edson -- first may I say that my husband and I own Sight and Sound By Design, a brand new member of the Meridian Chamber of Commerce and we are glad to be a part of that. We have 20 acres at the end of Zeldia Lane and unlike -- thank you. Yes. Unlike what Mr. Edson said, we were pleased to be invited to the meeting, because even though we are not within 300 feet, what is happening anywhere on Zeldia Lane directly affects us and the entrance to our property. So, we were pleased and we were glad to be invited to that and participate in it and I was really pleased at how professional everybody was in the whole process, both the neighbors and the engineering team and the developer, and I was really pleased to be a part of that process. We have mentioned before in the meeting last time that our goal would be to, in the future when my father-in-law who lives in the guest house on our property, is too elderly to care of the property, that we would have plans developing some day and we would prefer to -- because we would like to remain on the property, we would prefer for our property to have an R-2 zoning, because we would like to maintain -- we have a nice big three acre lake and we have some nice -- some nice things there that the neighbors behind us, the four or five acre lots behind us get to enjoy that have some scenery there as well. I think that Justin and his team have done -- have done a lot to try and work with the neighbors and I congratulate him on that. We do -- you know, as a neighborhood, would collectively like to ask the Council to kind of review the Comprehensive Plan, because there is an opportunity to make this end of Eagle Road, you know, comparable to what happened in Eagle. There is opportunity out there, because there is plenty of ground that's going to be developed in the next 20 years and it would be a good thing to do. Thank you. Is there any questions? De Weerd: Any questions? Lewis: Thank you. De Weerd: Thank you. David Seigmiller signed up against. Seigmiller: Madam Mayor, Members of the Council, my name is David Seigmiller. I live at 4080 East Bott Lane, which I access through Zeldia Lane going passed the subdivision. I'm one of the people that represent, even though we are few, we represent approximately 80 to 90 acres in the surrounding area and I believe we have a vision of how we would like to see this part of Meridian be developed. Mr. Deadman has explained how we believe that the target has not moved, we feel it's stationary, but we would agree that it has yet to be hit by the developer. I feel that if we can mirror the development of Kingsbridge across Zeldia Lane, rather than the Messina development across Eagle Road, that it would be more in compliance with our vision of how we would Meridian City Council • August 15, 2006 Page 23 of 32 like to see the development. Echo the sentiments which have been expressed along that direction and I believe the developer has the potential for a lucrative development, even though he claims that by dropping any additional lots it doesn't pencil out. De Weerd: Okay. Seigmiller: Thank you. De Weerd: Thank you. Frank Shoemaker signed up against. Shoemaker: Good evening, Madam Mayor, Members of the City Council. My name is Frank Shoemaker and I live at 3497 Zeldia Lane, which is approximately 350 feet east of the proposed development. It's been stated many times tonight about the Comprehensive Plan and I think we need to recall the Kingsbridge arguments in favor of their high density development, that they also argued that the Comprehensive Plan was in place and, therefore, it should be allowed that they develop as prescribed. The objection was very extensive from Dartmoor Subdivision all the way around within a half mile radius of the project. If the developer would have been to those meetings, they would have known that there was so much opposition to the high density projects within this side of Eagle Road, standing room only in this hearing room, that they would have pursued something different. The problem is the Comprehensive Plan, complicated further by P&Z staff stating to the developer that the Comprehensive Plan states you can do this, so this is what we would anticipate you to provide. Not identifying to him of the objections that he's likely going to pursue here at this hearing process and that's where we are today. Commissioner Zaremba in the P&Z staff meetings -- or P&Z hearings concurred with our concern. He said because of the Comprehensive Plan and the subdivision complied with that, he had to vote in favor of it, not necessarily that he was in favor of it, it's just that his hands were tied. This development -- this area is a unique area, can be developed to the estate size lots. The City Council stated that many times in the Kingsbridge project. I think that continuation should be continued south into our area. The developer has stated that they are making a good transition. Well, their transition is from Tuscany and Messina Hills, small lots on Eagle Road, to the larger lots surrounding the neighborhood properties on the perimeter. That's not the transition that was suggested being trying to reach. That transition is from north to south, from the Kingsbridge Subdivision to our project. I fear to say if Napoli is approved as projected, that these estate size lots that the City Council has desired in this unique area will not materialize. I think the neighbors will sell their houses and they will move on, because they are not going to be enclosed in an environment that's not -- not suitable. I think if it was an R-2 zoning, two lots per acre, we could kind of seclude ourselves and stay where we are. As it is, I think we are being forced to move, because -- because of development pressures. Thank you very much. De Weerd: Thank you, sir. Okay. That is -- those are the names that signed up to testify. Is there anyone who would like to provide testimony that did not sign up? Canning: Madam Mayor, can I make a couple comments? Meridian City Council August 15, 2006 Page 24 of 32 De Weerd: Yes, Anna. Canning: The first one would be there is an opportunity here, as we discussed at your hearing last week, you can up the zoning designation without having to go out and renotice. So, there would be an opportunity to make this Block 3 R-2 zoning. They are 200 square feet short here, but they could make that up somewhere around this corner for that one lot. So, there is the opportunity to provide that transitional zone. This -- you know, I have only been at this for three years and there has been a couple projects that went through that I thought, wow, that's just -- this guy's got it wrong. This is never going to fly, but I didn't say anything, I figured, hey, it's his business let him go through. Well, you know, on the tenth meeting with this developer trying to get a different -- this is a different project -- but trying to get it to work and pencil out -- you know, it wasn't buildable the first time and I should have said something, I should have let you all know, because it's proved to be a problem for the developer and for the city. So, this project I knew that there was great forces in place to try and get 12,000 square foot lots or to even get this plan here. And I was concerned that this just wasn't buildable. There is a lot of road on this project. There is a lot of road being built and you have got Eagle Road on the one side and the landscape buffers and everything and I have been very concerned that this was not a buildable project. I have kind of run it by a few people, they say, well, it might pencil out, but it's pretty close. And so I talked to the applicant a number of times saying have you talked to realtors, are you sure this will pencil out, is this going to work. And they have gotten that assurance, but it's close and I believe them. This isn't -- this isn't somebody who does development for a business, this is the current property owners developing the property and I wanted to make sure that this wasn't something that we were all wasting our time on, because it wasn't doable. So, I do believe that this is a pretty constrained site. You have got Eagle Road. Locating half acre homes along Eagle Road is going to be a hard sell. Those are going to be tough lots to sell in this current market for lots. And I just -- I guess I would support the design that's before you tonight as being a good compromise between what the neighbors want and what the Comprehensive Plan calls for in this area. It does call for medium density residential in the entire southern area. This is the project. It has all of this medium density residential. When those individual five acres want to come in, they may say now that they want to do 12,000 square foot lots, but once they realize the cost of providing that kind of road frontage and the cost of asphalt and the cost of pipes, they may think differently. So, I do believe this is a reasonable compromise given the current Comprehensive Plan. If the Council wants to see a change in the Comprehensive Plan, then, we could work toward that, but this seems to be a good compromise. And with that I will be quiet now. De Weerd: Thank you, Anna. Thank you. Okay. Would the applicant like their opportunity to wrap this up? Whitehead: For the record, again, Sabrina Whitehead, 1800 West Overland Road, Boise, Idaho. 83705. And as Anna mentioned and as I kind of mentioned in my first presentation, finding common ground and compromise is -- can be very difficult to do. It Meridian City Council August 15, 2006 Page 25 of 32 can be not only difficult, it can nearly be impossible to meet the needs of both the neighbors and the developers. And as Anna has pointed out, I feel that this layout is a great compromise. You know, on July 18th I just kind of went over the minutes today, kind of overhearing July 18ths hearing, some of the comments were better transition, housing opportunities, diversity, housing choices, executive housing, and necessary transition, just to name a few. And as I have stated, we strongly feel that this layout is meeting a majority of those comments, as well as making the compromise to what the neighbors are wanting, as well as the city and the developer. As far as transition in this area, what we have revised -- the Comprehensive Plan as has been well noted this evening, is medium density to low density and we are giving opportunity from the transition from the medium density to low density and if I can just illustrate, I will -- maybe you can go to the zoning, Anna, please. Thank you. Canning: Zoning or the Comp Plan, Sabrina? Whitehead: Let's do the Comp Plan. With Messina Meadows over here that was just approved -- and I know it is across the street, but we are still adjacent to Messina Meadows. This is five dwelling units per acre. Kingsbridge has lower density. With our layout I think that it is a good -- it is a good compromise between Messina Meadows and Kingsbridge. It is a great compromise. I feel that from the transition from these lots to lots that were proposed in the 8,500 to the 10,000 to the R-2 12,000. If, in fact, you guys do want to transition this from the Comprehensive Plan to low density with our 12,000 on the perimeter will allow for a transition for 12,000 square foot lots or greater for this area. As far as housing opportunities and diversity, we were providing a wide range of options. Not everyone can afford an 18,000 square foot lot and so our plat is offering a diversity of options. 8,500 1 think from my personal opinion is a good size lot and so 85 to 18 thousand, that's -- that's giving a diversification, as well as kind of a segway into having larger estate lots for this area. So, what I'm just trying to illustrate is that the developer has listened to the comments, he's trying to be a good neighbor and be a good developer and trying to meet everyone's needs and we just feel that with this layout it's helping kind of meet that elusive common ground compromise that we are all desperately trying to reach and find. And just on that note I just want to thank everyone for their time and consideration. It's been quite the -- I wouldn't say battle, but it's taken a long time and I just thankfully and respectfully request that you approve our annexation, zoning, and preliminary plat. And I will stand for any questions that you may have. De Weerd: Council, questions? Bird: I have none. De Weerd: Sabrina, what are your comments in response to Anna's observation that you could look at separating this project, so that the east end of it would be an R-2 designation? Meridian City Council August 15, 2006 Page 26 of 32 Whitehead: I think that, personally, in my opinion, I think that would be a great idea. That would -- I don't know if that would have to proceed with another hearing -- we are meeting -- we would just have to change this one lot, which would be very easy. We have plenty of frontage to meet those needs. So, it would just be a small modification. I would have to give the developer the final say, since it's his parcel of property, so -- I would agree with Anna on her -- that recommendation, though. De Weerd: Okay. Any questions, Council? Okay. Thank you. Council, any additional information needed before we close the Public Hearing? Okay. Hearing none -- Rountree: Madam Mayor, I move that we close the Public Hearing on Items 13 and 14. Bird: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? If there is no discussion or further information needed, is Council ready to make a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just for discussion, to throw my thoughts out, I wasn't present at the July 18th hearing, but I have reviewed all the materials and appreciate the comment of the public here today. In particular, I'd like to thank the applicant Mr. Edson. When I hear about providing notice to individuals that are outside the statutory minimum requirement, I appreciate that. I think, if anything, it provides for a better decision-making process, although if you get someone outside who opposes the project, you might be kicking yourself, maybe, that you did that, but I appreciate it, regardless of what they say. I think it's helpful and I think it's been helpful in this process. I think, at least for me, some of the remarks, which were relatively consistent from many of the residents that have testified today and the prior hearing about the density and transitions makes sense to me and the discussion which Mr. Edson brought and some of the residents about perhaps this is an area where the Comprehensive Plan -- we need to take a second look at. It's kind of a double -edge sword as I see it, where we set forth the Comprehensive Plan and we try and give guidance to developers and landowners as to, really, what we want to have happen in a particular area and they go that route and we tell them no and it might be unfair or inconsistent to them. But on the other side it seems that there is a portion of our Comprehensive Plan which might not be consistent with other area land uses and densities and it makes sense, maybe, for this Council member that it is something that we need to take a second look at and perhaps amend or at least assess a possible amendment of the Comprehensive Plan. That makes Meridian City Council August 15, 2006 Page 27 of 32 some sense as well. I don't think that our hands are strictly tied. If we think there is something with that plan which isn't in the best interest of the City of Meridian. So, that's a very long way of saying my inclination on this particular project is not in favor of it, but, instead, to take our time, step back, and review the valid concerns on both sides about whether the Comp Plan in this area needs to be looked at to provide more reliable guidance for future development as to what type of densities make sense in this area. De Weerd: Thank you, Mr. Borton. Any other comments? Rountree: Madam Mayor, I'd just like to make a comment that I appreciate the applicant and the citizens for at least taking the time to get together. Certainly there wasn't a compromise and neither side appears to be happy, both the -- at least you heard us say that that was something that we desire folks to do when there is disagreement before the Council and usually there is some sort of compromise that makes everybody somewhat happy and away we go. But we are going to have to make a decision on this application. I have to view this in light of what we have done as a Council in the past and in the recent past as it relates to some of these transition activities and where we do have what appears to be somewhat of a conflict in the philosophy of the Comprehensive Plan. We have asked applicants that have come with R -8s and R -4s that are adjacent to rural communities and are continuing to be rural communities, to look at their zoning and to look at their lot sizes. And, in fact, in some instances we have given them numbers. Typically they are numbers smaller than what have resulted in some of the numbers I see before me tonight. And, in fact, what I see tonight is along the lines of what's been approved in the recent past in terms of providing transition between R -8s, transportation corridors, and rural communities. And the concept that Anna proposed -- and I believe it has some merit -- is a split zoning, if you will, on the final decision of an R-4 to R-2 on the eastern and south eastern side of this particular application is consistent with what we have done in the past. So, I guess my position, as opposed to Councilman Borton's position, is that I'm inclined to be favorable to the application, given the numbers I see this evening. De Weerd: Council, any other comments? Bird: Just waiting for Charlie to make a motion. De Weerd: I guess I would -- I only get to vote if they tie, so -- you never know if I get to vote. Rountree: We can make that happen. De Weerd: Okay. Well, then, I will have my say. I do understand the concerns of the property owners that live on this lane. This sets the -- it sets the expectation, I guess, for development as it occurs going down the lane and it is the first thing that people will see as they would enter into whether it's the lots as they are or if they redevelop. It does set the tone. And so a standard that is similar to Kingsbridge and a lot of the opportunities that this area offers for a different choice of housing in our community. Meridian City Council • August 15, 2006 Page 28 of 32 We do try and look at what choices we provide those people who would like to live in Meridian. I certainly -- I know you have already heard my soap box, but, you know, when I wanted a larger lot I couldn't find one in Meridian. So, it's -- people don't want to have to move out of Meridian per se to find a different type of housing choice. This is -- this is an interesting compromise. It all depends on what kind of quality. At our first Public Hearing the applicant stated it would be an upper end quality. It would serve some of the quality jobs that we are trying to attract in this area. So, I guess, if I could break a tie, I'm not really sure which direction I would go, but it does set the tone for the development of this lane and the areas around it. So, it is -- it is a critical piece and I do believe that there is a market that this piece can serve that I would even state in some of the higher end developments that offer estate lots within, they do start with transitional lots from a busy roadway to something that would be more of an estate lot that people are going to build larger and look for lots that provide a little bit more privacy and open space around it. So, it is an interesting compromise and I think it will have a market to serve in the types of jobs that we bring to the area. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I just got a little statement. I agree with Councilman Rountree. We have done this a lot. If everybody that owned the five acre lots around there would be willing to sign a death notice that they would only come in with R-8 -- or R -2s when they sell their property, I could be more in favor in denial. But I will guarantee you once the developer gets it, he's going to bring whatever the Comprehensive Plan says. Do we need to look at the Comprehensive Plan, probably right. But I will tell you, if the applicant is agreeable to going in Block 3 to R-2 and the rest of it R-4, I'm behind it. They have done a -- I think they have done a real good job myself. De Weerd: Mr. Wardle. No comment? Wardle: No comment yet. De Weerd: I thought you were going to give the story about the Comprehensive Plan is a living document and -- okay. Wardle: I'll wait for a motion. De Weerd: Okay. Okay. Well, Council -- Rountree: You can make the motion. You didn't have a comment. Bird: Yep. De Weerd: They are going to get a word from you yet. Meridian City Council August 15, 2006 Page 29 of 32 Wardle: They will try. Madam Mayor. Mr. Nary, question for -- we have heard some talk of compromise and our ability to -- in our annexation zone, I believe, Block 3 consistent with an R-2 zoning. Is that simply a function of the motion? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, that is correct, the application in front of you is for annexation with a requested zoning. It is within your purview to make that final determination of what is the appropriate zone based on the information you have received tonight. There is certainly enough information if you believe it enough to support what zoning you think is appropriate in relation to the other properties, transition, and the like. I think Mrs. Canning has brought that suggestion to you that you can do that if you wish. Wardle: Thank you, Mr. Nary. Canning: Mr. Wardle, we would need a new legal description for Block 3. A metes and bounds legal description, so that we could submit that with the ordinances. Wardle: Thank you. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item 13, AZ 06-024 for annexation and zoning and to include all comments by the applicant and public and specifically to amend the zoning change to allow the zoning for Block 3, with an amended legal description, to be zoned R-2, consistent with Meridian's Comprehensive Plan. Bird: Before I second that, can I get a clarification? Lots 1 and 2 would be R-4; right? Wardle: Yes. Bird: Okay. Second. De Weerd: Block. Wardle: Block. Bird: Block. I'm sorry. Yeah. Block. Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Does anyone need to hear the motion restated? Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Wardle: Madam Mayor? Meridian City Council August 15, 2006 Page 30 of 32 De Weerd: Yes, Mr. Wardle. Wardle: Anna, on the preliminary plat which is before us, I believe you stated that we need a little revision to meet that R-2 zoning. Is that something that you feel that we can continue for two weeks and meet those requirements? Canning: Sir, it's only 200 square feet. I think you could just make it a condition of approval that Block 3 meet the R-2 minimum standards. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 14, PP 06-023, consistent with the comments by the planning director that Block 3 meet the minimum requirements for the R-2 zone as approved in the annexation. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. Is there any discussion? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Does the maker of the motion intend to include the modification to the site specific condition 1.15 regarding the fencing -- perimeter fencing? Bird: Yes. Wardle: Yes. Canning: Thank you. Bird: Second agrees. De Weerd: Okay. Thank you for that clarification. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Meridian City Council • August 15, 2006 Page 31 of 32 Item 15: Ordinance No. 06-1251 AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: De Weerd: Okay. Thank you. Thank you for coming tonight. Item 15 is Ordinance No. 06-1251. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1251, an ordinance for annexation of property located in the east quarter of government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C -G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Okay. Thank you, Mr. Berg. You have heard this ordinance ready by title only. Is there anyone who would like to hear it read in it entirety? Okay. Before anyone changes their mind -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 06-1251 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 15. 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: Thank you. Okay. Is there any further business for Council tonight? Hearing none I would entertain a motion. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Move we adjourn. Meridian City Council August 15, 2006 Page 32 of 32 Rountree: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) „ MAYOR TA DE WEERD \\\�,,��� �ll//`®,,s�i DATE APPROVED TE /t---� /WILLIAM G. BERG JR., CITY CLERK E-0 E August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of July 10, 2006 City Council & ACHD Commissioners Special Joint / Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of July 25, 2006 City Council Regular Meeting COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. r: 0 August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of August 1, 2006 City Council Special 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. August 11, 2006 AZ 06-008 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT South Eagle & Victory Road Property Owner Alliance ITEM NO. 5-D REQUEST Findings for Denial — Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C -C and L -O zones for South Eagl&nd Victory Road Property Owners ANIance — east of South Eagle Road on both sides of Victory Road AGENCY COMMENTS 10 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Findings Date: Phone: J:L2RA 0,. -=.i>/. c.A Staff initials: �, tee--- Materials presented at public meetings shall become property of the city of Meridiani. a • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE .#-,. REQUEST FOR ANNEXATION AND ZONING OF 23.39 ACRES TO R-4, C -C AND L -O FOR SOUTH EAGLE ROAD AND VICTORY ROAD PROPERTY OWNER'S ALLIANCE ANNEXATION S. EAGLE ROAD AND VICTORY ROAD PROPERTY OWNER'S ALLIANCE APPLICANT CIC 07-25-06 Case No. AZ 06-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on July 25, 2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, and Shawn Nickel, SNL Planning appeared and testified on behalf of the South Eagle Road and Victory Road Property Owner's Alliance, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for July 25, 2006, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ -06-008 P e r:F i nF d 0 under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on July 25, 2006, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§ 11-5A-5 and 11-5A-6, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 23.39 acres in size and is generally located on the east side of South Eagle Road and Victory Road, Meridian, Idaho, within a portion of the SW 1/ of the SW % of Section 21 and the NW 1/ of the NW 1/ of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. 5. The current property owners are Marty and Leeta Thomason — 2910 and 2960 South Eagle Road; Daniel and Dolly Baughman — 2990 S. Eagle Road; John and Nita Sharp — 3020 S. Eagle Road; Robert and Nedra Carpenter — 3060 S. Eagle Road & 3250 E. Victory Road; and Mark Hartenstein representing Charles Axelrod — 3210 S. Eagle Road. 6. Applicant is South Eagle Road and Victory Road Property Owner's Alliance. 7. The subject property is currently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ -06-008 a A nF 7 (1R A 9 0 8. The Applicant requests the property be zoned R-4 (Low Density Residential), C -C (Community Business District) and L -O (Limited Office District). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant is not proposing any land use, development or subdivision at this time. Instead, the applicant is proposing to annex the property with Development Agreement provisions that would guide future development of this property. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Mixed Use Community as amended on July 25, 2006. CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-5B-3 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ -06-008 PA(:F 2 (1R d That the application for annexation and zoning is denied for the following reasons: The proposed annexation is not in the best interest of the City of Meridian. �day Byaction of the City Council at its regular meeting held on the ,5 y of ��J- .74 , 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN JOE BORTON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: ATTEST: CITY CLERK Copy served upon: ,f- 6 Jam -®b APPROVED: K DISAPPROVED: a GFR4 e � SMAL _ I'll/,, 11,11,11f ✓ Applicant ✓ Planning Department Public Works Department ✓ City Attorney de WEERD By: Dated: T-1 u -o u City -Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ -06-008 August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2(06 APPLICANT John Homan ITEM NO. 5-E REQUEST Findings for Approval - Request for a Rezone of 1.004 acres from R-4 to L -O zones for Meridian Professional Office - 2835 and 2825 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emalled: i COMMENTS See attached Findings Pfr O -Q-1 h� Date: OCo Phone: 3�p -•3qqs st6ff Int 'als: Materials presented at public meetings shag become property of the City of Meddlan. 9 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER AUG i 0 2006 Ceridian Office Cfl"Yrr� �f"; •' .,, _ �d IDAHO In the Matter of a Rezone of 1.6 acres from R4 (Medium Low -Density Residential) to L -O (Limited Office) for up to four office buildings, by John Homan. Case No(s). RZ-06-005 For the City Council Hearing Date of: July 25, 2006 (findings approved on August 15, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference and the official minutes on file with the City Clerk's Office) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-005- PAGE 1 of 3 0 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the submitted Legal Description and the Development Agreement Provisions listed in Exhibit A of the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. 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: The applicants request for Rezone is approved subject to the provisions listed in the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of July 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-005- PAGE 2 of 3 0 0 �h By action of the City Council at its regular meeting held on the r S day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_' COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD u:V&ejI _ ll 111U�N- ATTEST: G. BERG, Copy served upon: MA VOTED– VOTED_ G� VOTED__gI�� VOTED ®4 de WEERD JR IT CLERK Applicant ✓ Planning Departm°eii�t°►aao►` ✓ Public Works Department —� City Attorney By: Dated: Y- I U -OU City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-005- PAGE 3 of 3 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HE0G DATE OF JULY 25, 2006 a�q STAFF REPORT Hearing Date: 7/25/2006 - TO: Mayor & City Council N16" FROM: Caleb Hood, Current Planning Manager_ SUBJECT: Meridian Professional Office Rezone for John HomanFF�'�'- • RZ-06-005 Rezone of 1.6 acres from R-4 (Medium Low -Density Residential) to L -O (Limited Office) for up to four office buildings, by John Homan. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Homan, has applied for a Rezone (RZ) of 1.6 acres from R4 (Medium Low -Density Residential) to L -O (Limited Office) for two buildable lots and one common lot within Salisbury Lane Subdivision. The site is comprised of Lots 1, 2 and 3, Block 1, Salisbury Lane Subdivision (Lot 1, Block 1, is a common lot). The applicant is requesting the subject property be rezoned so that up to four office buildings may be constructed on this site. The site is located on the southwest corner of Meridian Road and Sedgewick Drive, approximately 1,000 feet south of Ustick Road. This site currently contains two residences and outbuildings. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-005. as Dresented in the Staff Report for the hearing date of June 15, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all agency/department comments and Development Agreement provisions in Exhibit A. The Meridian Planning and Zoning Commission heard the item on June 15, 2006 and July 6, 2006. At the July 6, 2006 public hearing the Meridian Planning & Zoning Commission moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Amber Van Ocker ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Uses allowed in the L -O zone; and, ii. Proposed fencing/screening of residential properties; c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. KA W:Zs]'Zi7.i DI -u [i]ty_C06.1 Approval I move to approve File Number RZ-06-005 as presented in the staff report for the hearing date of July 25, 2006, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Number RZ-06-005 as presented during the hearing on July 25, 2006, for the Meridian Professional Office — RZ-06-005 PAGE 1 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 following reasons: (you should state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-06-005 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2825 and 2835 N. Meridian Road / southwest corner of Meridian Road and Sedgewick Drive in Section 1, Township 3 North, Range 1 West. b. Owner: John Homan 23035 W. Wapoot Drive Meridian, Idaho 83642 c. Applicant: John Homan 23035 W. Wapoot Drive Meridian, Idaho 83642 d. Representative: Brook Thomton/Amber Van Ocker, LKV Architects e. Present Zoning: R4 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting to rezone 1.6 acres from R4 to L -O so that up to four office buildings may be constructed on this site. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: May 29f' and June 12t`, 2006 (for Planning & Zoning Commission hearing) and July 10`" and 17U', 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: May 19t`, 2006 (for Planning & Zoning Commission hearing) and July 7t`, 2006 (for City Council hearing) d. Applicant posted notice on site by: June 26, 2006 (for Planning & Zoning Commission hearing) and July 15t', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Single-family dwellings. b. Description of Character of Surrounding Area: Existing single-family dwellings and a nearby church. c. Adjacent Land Use and Zoning: 1. North: Common lot, zoned R-4; Single-family residence, zoned RUT in Ada County. Meridian Professional Office — RZ-06-005 PAGE 2 CITY OF MERIDIAN PLA&G DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 2. East: Existing residences, zoned R-8. 3. South: Existing single-family residences, zoned R-4. 4. West: Existing single-family residences, zoned R4. d. History of Previous Actions: In 2000, the City approved Salisbury Lane Subdivision, a 42 lot residential subdivision. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There are currently mains in Meridian Road. Location of water: There are currently mains in Meridian Road. Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: L -O 7. Size of Property: 1.6 acres 7. COMMENTS MEETING On May 26, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential." The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre (Page 95, 2002 Comprehensive Plan). In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on Meridian Road, an arterial street, and is less than 3 acres in size (1.6 acres total). Because the property is designated for residential uses, the property is less than 3 -acres in size, and it is located on an arterial street, staff believes that a residential use of the property may not be the best use of the land. Staff believes that an office zone/use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and Section 10 of the Staff Report below for further analysis of the proposed zoning designation and anticipated office uses. Meridian Professional Office — RZ-06-005 PAGE 3 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 Staff fmds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual site plan, the applicant is proposing a single access to this site from Sedgewick Drive. An emergency access to Meridian Road is also proposed in the middle of the property. Staff is supportive of the proposed access into the site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Meridian Road is designated as an arterial street. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Meridian Road. A landscape buffer along Meridian Road will be required by the City with future CZC/Subdivision approval. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject rezone application. In order to construct buildings on this site the applicant will be required to construct internal and perimeter landscaping. • "Permit new ... commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This property is already within the corporate boundaries of the City of Meridian. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. Staff finds that the new zoning to L -O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Staff recommends that the Commission and Council rely on staffs analysis, other agency/department comments, and any other comments received regarding the appropriateness ofzoning this site for office use(s). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists several uses as permitted and conditional uses in the L -O zoning district. b. Purpose Statement of Zone: LIMITED OFFICE DISTRICT (L -O) 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. Meridian Professional Office — RZ-06-005 PAGE 4 CITY OF MERIDIAN PLOG DEPARTMENT STAFF REPORT FOR THE HIOG DATE OF JULY 25, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Approval of the subject rezone application would allow the applicant to obtain an office zone. According to current City Code, professional offices and clinics are principally permitted in the proposed L -O zone. The applicant has submitted a conceptual site plan showing how this site may redevelop with the office building, parking and landscaping. On the submitted plan, the applicant has depicted one access to Sedewick Drive. Although this site has frontage on Meridian Road, no vehicular access is proposed (one emergency access to Meridian Road is shown). The applicant states, in the submittal letter, that the proposed zoning will buffer the residential uses from a roadway that is quickly growing in intensity. The buildings will consist of two 3,000 square foot and two 3,270 square foot, single story structures. The design of the buildings will be compatible with the surrounding residential buildings as a blend of architectural fmishes with stucco and brick access will be used (see the applicant's submittal letter). The applicant held a neighborhood meeting and the main concern from the neighbors was buffering. The applicant is proposing to construct a solid masonry fence on both the west and south property lines. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Ordinance for L -O zoning, staff believes that the rezoning of this site to L -O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and fmdings. The rezone legal description submitted with the application (prepared on March 16, 2006 by Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of Meridian. UDC 11 -5B -3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negativelypact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The gpplicant shall contact the City Attorney, Bill Nary, at 888-4433 within 18 months of Council gpproval to initiate this process. The DA shall incorporate the following (also see Exhibit B): Access: Consistent with the applicant's conceptual site plan and the comprehensive plan, vehicular access to this site should be limited to Sedgewick Drive, and not Meridian. Road. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to for both of the current lots (Lots 2 and 3, Block 1, Salisbury Lane Subdivision) to use this access. NOTE: Emergency vehicular access to Meridian Road is okay, if required by the Meridian Fire Department. Future Development: Meridian Professional Office — RZ-06-005 PAGE 5 CITY OF MERIDIAN PL*G DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 Office Use: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L -O zone. Staff believes that these principally permitted uses are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L -O zone with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to office/clinic type uses. This recommendation is intended to protect the neighbors from more intense commercial uses that could potentially operate on this property with CUP approval, and to ensure that the uses intended in Resolution No. 04-454 (light office, low -impact businesses) are upheld. All future uses on the subject property shall be limited to principally permitted uses in the L -O zone only. According to UDC 11 -5B -1A, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A CZC shall be issued only in conformity with the provisions of the UDC and shall be required before the issuance of a building permit. Upon rezone ordinance approval the existing residences will become legal non- conforming uses. The applicant, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L -O zone. Prior to occupancy of any building for office use on this site, a certificate of zoning compliance permit should be obtained. Hours of Operation: In the submitted application, the applicant lists that the hours of operation will be from 7 am to 7 pm. Consistent with previous Commission actions, staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 6 am to 10 pm. Landscaping_ Meridian Road is a classified arterial roadway. A 25 -foot wide landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3). There is currently a 20 -foot wide landscape buffer easement (in a common lot) along Meridian Road adjacent to this site. However, most of the landscaping adjacent to this site lies within the right-of-way for Meridian Road, and not within the landscape buffer. A full 25 -foot wide landscape buffer, constructed outside of the Meridian Road right-of-way, should be constructed adjacent to this site. UDC Table 11-2B-3 requires a 10 -foot wide landscape street buffer along local streets. A 10 -foot wide landscape buffer, constructed outside of the Sedgewick Drive right-of-way, should be constructed adjacent to this site. UDC Table 11-2B-3 requires a 20 -foot wide landscape buffer between residential uses and L -O uses. To buffer the adjacent residential uses, the applicant is proposing to construct a solid masonry fence on both the west and south property lines. Staff is supportive of the applicant's proposal. The masonry fence proposal should be in addition to, not in lieu of, the 20 -foot wide landscape buffer that is required by City Code. Landscape buffers along Meridian Road, Sedgewick Drive, and the south and west property lines, in compliance with the UDC, will be required by the City with CZC/Plat approval. Meridian Professional Office — RZ-06-005 PAGE 6 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 Site Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan do not comply with the UDC. Currently, City Code requires all 90 -degree parking stalls to be at least 9 -feet wide, 19 -feet long, adjacent to 25 -foot wide drive aisles. All parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Building Elevations/Construction Materials: The applicant is proposing to construct up to four office buildings on this site. The potential buildings for this site have a maximum size of 3,270 square feet each, and are single -story. As proposed by the applicant, staff recommends that each future building have some stucco and brick accents. That any new structure(s) (or remodel of existing structure(s)) should be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. b. Staff Recommendation: Staff recommends approval of RZ-06-005 for Meridian Professional Offices as presented in the staff report for the hearing date of June 15, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions for a Development Agreement in the attached Exhibit A. On July 15, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject ct application to the City Council. 11. EIMITS A. Development Agreement Provisions and Agency and Department Comments 1. Planning Department 2. Public Works Department 3. Meridian Fire Department B. Legal Description C. Required Findings from Zoning Ordinance D. Conceptual Site Plan & Elevation Meridian Professional Office — RZ-06-005 PAGE 7 CITY OF MERIDIAN PLA&G DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 A. Development Agreement Provisions and Agency and Department Comments Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the Cily AttgMey, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That no alterations, expansions, reconstructions or other enlargements to the existing single- family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L -O zone. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • 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, 110king. or odors. • That the following shall be the only allowed uses on this property: principally permitted uses within the L -O zone. • That theoA sted hours of operation shall be limited to 6 7 a.m. to 4-8 2.p.m.. • That any new structure(s) (or remodel of existing structure(s)) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That up to four office -type buildings may be constructed on this site. That said buildings shall have a maximum size of 3,270 square feet each, and be limited to a single -story. Each building shall have some stucco and brick accents. • That the applicant agrees to construct a 6 -foot tall masonry fence along the south and west property lines, as proposed. That although not required, the applicant has offered to construct said fence on top of a berm, if some of the adiacent property owner(s)' allow the berm to be partially constructed on their land. • That a 25 -foot wide landscape street buffer will be constructed adjacent to Meridian Road, located entirely outside of the right-of-way. • That a 10 -foot wide landscape street buffer will be constructed adjacent to Sedgewick Drive, located entirely outside of the right-of-way. • That a 20 -foot wide land use buffer will be constructed along the south and west property lines. • That vehicular access to this site shall be restricted to Sedgewick Drive, as approved by ACHD and the City; Except for emergency access, no vehicular access to Meridian Road is approved. • That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Sedgwick and Meridian Road. • That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of-way. Exhibit A CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 • That the applicant shall be required to use, with written permission, the existing pressurized irrigation system for all landscaping. 1. PLANNING DEPARTMENT 1.1 The rezone legal description submitted with the application (prepared on March 16, 2006 by Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1.2 All future construction/uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 Please see Section 10 of the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residences are serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. 3.3 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. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The office development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has Exhibit A CITY OF MERIDIAN PLAOG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The applicant shall work with Planning Department staff and Fire Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit A CITY OF MERIDIAN PLAOG DEPARTMENT STAFF REPORT FOR THE HEj*'G DATE OF JULY 25. 2006 B. Legal Description Mar 26 OS 03¢28p, Arrow Land 208-939-7321 P.2 ARR m� GFS.8�]h1DAR C ANLI A , .L."i:A.. SUWEYS $ CONSMUCrION STAIClJ�1O Land Surveying., Inco 3D SCAIVI� 1121 E. State Street • Sainte 195 • Eagle, Idaho 83616 - office- 1-288439-7373 • fox: 1-2138-4"-7321 Job No. 06135 7-7246 D.R.L. r REZONE DESCPJa ON FOR LKV ARMTECTS Lacs 1-3, Block 1 of Salisbury Lane Subdivision, and portions of W. Sedgewick 13 rive and N. Meridian Road is Section 1, Township 3 North, Range 1 West of the Braise Meridian, City of Merl an, Aria County. Idaho des nibed ass Commencing at the Northeast coma of Section 1, Toumship 3 Nortb6 Range 1 West of the Boise Meridian, City of Meridian, Ada C,ow-Ay, klaho and nursing thence S00P 17'24'vW 1023.45 feet, along the Pam Itne of said Section to the centerline intersection of N. Meridian Road and W. Sedgewick Drive (staid point being the POINT OF 13WMNTNG). theme %dW42'36" W 234.64 feet along the centerline of said W. Sedgewick Drive to a point of carve with a aditus of 200.000 feet, a central argyle of 120W'02" and a chord that bears S94'1 723-W 41.81 feed thence to the left along said centerline ceuvc 41.89 feet; theme S 15°27'OrF,170 41 feet along the West line of said Lot 3 to the Northwest corner of said Lot 2e tlwncc S00*Ir24'" W 118.01 feet along the West line of said Lot 2 to rhes Southwest corner of said Lot 2;, benne S99`27'04"E 200.04 feet along the South live of said Salisbury Lane Subdivision, thence 589"4236"E 30.00 feet along said South line to the centerline of said N. Meridian Road; thence N00°17'24"E 28730 fejt along said c+enterl`atae to the point ofbeginning. Area contains 1.6 acres Exhibit B IKS PUBLIC WORDEPT- CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 25, 2006 I LO 2 'a ch llzzN. 414wmhu^ Roan �. p Aw 6�X Exhibit B peel nu©ji" e£a=®l7 aQ two Rom CITY OF MERIDIAN PLAJ&G DEPARTMENT STAFF REPORT FOR THE HEJOG DATE OF JUNE 15, 2006 C. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that several uses are permitted within the requested zoning district of L -O. The future uses and buildings on this site should conform to the dimensional standards of the proposed zoning designation. Council finds that the site is large enough to contain the required parking and landscaping. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit C CITY OF MERIDIAN PLA&G DEPARTMENT STAFF REPORT FOR THE HE0G DATE OF JUNE 15, 2006 D. Site Plan and Elevation Exhibit D CITY OF MERIDIAN PLAOG DEPARTMENT STAFF REPORT FOR THE HE0G DATE OF JUNE 15, 2006 Exhibit D • August 11, 2006 RZ 06-005 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT John Homan ITEM NO. 5-E REQUEST Findings for Approval — Request for a Rezone of 1.004 acres from R-4 to L -O zones for Meridian Professional Office — 2835 and 2825 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 RECEIVED AUG -10 2006 C• pridian Office IDAHO 1� f4- . In the Matter of a Rezone of 1.6 acres from R4 (Medium Low -Density Residential) to L -O (Limited Office) for up to four office buildings, by John Homan. Case No(s). RZ-06-005 For the City Council Hearing Date of: July 25, 2006 (findings approved on August 15, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference and the official minutes on file with the City Clerk's Office) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 4. Required Findings per the Unified. Development Code (see attached Staff Report for the hearing date of July 25, 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 thcrcof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06.005- PAGE 1 of 3 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval, are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the submitted Legal Description and the Development Agreement Provisions listed in Exhibit A of the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. 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: The applicants request for Rezone is approved subject to the provisions listed in the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of July 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT_, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-005- PAGE 2 of 3 By action of the City Council at its regular meeting held on the 2006. VOTED_447-C' 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, Copy scrvcd upon: MA l� �! day of VOTED_#e1• VOTED_ G VOTED_ VOTED 1 - de WEERD ORA 1 �B CL 1 CLAtK q IV Applicant 4 ,0\10 �. ✓ill Planning Departm�ii V Public Works Department ��— City Attorney By; Dated: Y- I U -O V City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 84 ORDER CASE NO(S). RZ-06-005- PAGE 3 of 3 CITY OF MERIDIAN PLAN*G DEPARTMENT STAFF REPORT FOR THE HEA& DATE OF JULY 25. 2006 S C44ai STAFF REPORT Hearing Date: 7/25/2006 t Im TO: Mayor & City Council IDAHO F FROM: Caleb Hood, Current Planning Manager's SUBJECT: Meridian Professional Office Rezone for John Homan" `'^'' r '� • RZ-06-005 Rezone of 1.6 acres from R-4 (Medium Low -Density Residential) to L -O (Limited Office) for up to four office buildings, by John Homan. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Homan, has applied for a Rezone (RZ) of 1.6 acres from R-4 (Medium Low -Density Residential) to L-0 (Limited Office) for two buildable lots and one common lot within Salisbury Lane Subdivision. The site is comprised of Lots 1, 2 and 3, Block 1, Salisbury Lane Subdivision (Lot 1, Block 1, is a common lot). The applicant is requesting the subject property be rezoned so that up to four office buildings may be constructed on this site. The site is located on the southwest corner of Meridian Road and Sedgewick Drive, approximately 1,000 feet south of Ustick Road. This site currently contains two residences and outbuildings. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-005 as presented in the Staff Rgport for the hearin dat, of June 15 2006 based on the Findinsrs of Fact as listed in Exhibit C. Staff has included all agency/department comments and Development Agreement provisions in Exhibit A. The Meridian Planning and Zoning Commission heard the item on June 15, 2006 and July 6, 2006. At the July 6 2006 public hearing the Meridian Planniniz & Zoning Commission moved to recommend anoroval a. Summary of Commission Public Hearing: i. In favor: Amber Van Ocker ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Uses allowed in the L -O zone; and, ii. Proposed fencing/screening of residential properties; C. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approval l move to approve File Number RZ-06-005 as presented in the staff report for the hearing date of July 25, 2006, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Number RZ-06-005 as presented during the hearing on July 25, 2006, for the Meridian Professional Office— RZ-06-005 PAGE 1 CITY OF MERIDIAN PLAN*O DEPARTMENT STAFF REPORT FOR THE HEA& DATE OF JULY 25, 2006 following reasons: (you should state specific reasons for denial. They should address how the applicant might redo the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-06-005 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2825 and 2835 N. Meridian Road / southwest corner of Meridian Ruad and Sedgewick Drive in Section 1, Township 3 North, Range 1 West. b. Owner: John Homan 23035 W. Wapoot Drive Meridian, Idaho 83642 c. Applicant: John Homan 23035 W. Wapoot Drive Meridian, Idaho 83642 d. Representative: Brook Thornton/Amber Van Ocker, LKV Architects e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting to rezone 1.6 acres from R-4 to L -O so that up to four office buildings may be constructed on this site. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: M!Z 29`h and June 12s', 2006 (for Planning & Zoning Commission hearing) and July 10th and 17 , 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: May 19'', 2006 (for Planning & Zoning commission hearing) and July 7`h, 2006 (for City Council hearing) d. Applicant posted notice on site by: June 26, 2006 (for Planning & Zoning Commission hearing) and July 15'h, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Single-family dwellings. b. Description of Character of Surrounding Area: Existing single-family dwellings and a nearby church. c. Adjacent Land Use and. Zoning: 1. North: Common lot, zoned R-4; Single-family residence, zoned RUT in Ada County. Meridian Professional Office — RZ-06-005 PAGE 2 CITY OF MERIDIAN PLAAG DEPARTMENT STAFF REPORT FOR THE HEA* DATE OF JULY 25. 2006 2. East: Existing residences, zoned R-8. 3. South: Existing single-family residences, zoned R-4. 4. West: Existing single-family residences, zoned R-4. d. History of Previous Actions: In 2000, the City approved Salisbury Lane Subdivision, a 42 lot residential subdivision. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There are currently mains in Meridian Road. Location of water: There are currently mains in Meridian Road. Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: L -O 7. Size of Property: 1.6 acres 7. COMMENTS MEETING On May 26, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential." The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre (Page 95, 2002 Comprehensive Plan). In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted" Staff finds that the subject property has frontage on Meridian Road, an arterial street, and is less than 3 acres in size (1.6 acres total). Because the property is designated for residential uses, the property is less than 3 -acres in size, and it is located on an arterial street, staff believes that a residential use of the property may not be the best use of the land. Staff believes that an office zone/use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, lithe Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and Section 10 of the Staff Report below for further analysis of the proposed zoning designation and anticipated office uses. Meridian Professional Office — RZ-06-005 PAGE 3 CITY OF MERIDIAN PLANIOG DEPARTMENT STAFF REPORT FOR THE HEA* DATE OF JULY 25. 2006 Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual site plan, the applicant is proposing a single access to this site from Sedgewick Drive. An emergency access to Meridian Road is also proposed in the middle of the property. Staff is supportive of the proposed access into the site. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VIC, Goal IV, Objective D, Action item 4) Meridian Road is designated as an arterial street. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Meridian Road. A landscape buffer along Meridian Road will be required by the City with future CZC/Subdivision approval. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject rezone application. In order to construct buildings on this site the applicant will be required to construct internal and perimeter landscaping. • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This property is already within the corporate boundaries of the City of Meridian. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunitics within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. Staff finds that the new zoning to L -O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for off ce use(s). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-213-2 lists several uses as permitted and conditional uses in the L -O zoning district. h. Purpose Statement of Zone: LIMITED OFFICE DISTRICT (L -O) 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. Meridian Professional Office — RZ-06-005 PAGE 4 CITY OF MERIDIAN PLAAG DEPARTMENT STAFF REPORT FOR THE HEAS DATE OF IDLY 25. 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Approval of the subject rezone application would allow the applicant to obtain an office zone. According to current City Code, professional oMurs and clinics are principally permitted in the proposed L -O zone. The applicant has submitted a conceptual site plan showing how this site may redevelop with the office building, parking and landscaping. On the submitted plan., the applicant has depicted one access to Sedewick Drive. Although this site has frontage on Meridian Road, no vehicular access is proposed (one emergency access to Meridian Road is shown). The applicant states, in the submittal letter, that the proposed zoning will buffer the residential uses from a roadway that is quickly growing in intensity. The buildings will consist of two 3,000 square foot and two 1,270 square foot, single story structures. The design of the buildings will be compatible with the surrounding residential buildings as a blend of architectural finishes with stucco and brick access will be used (see the applicant's submittal letter). The applicant held a neighborhood meeting and the main concern from the neighbors was buffering. The applicant is proposing to construct a solid masonry fence on both the west and south property lines. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Ordinance for L -O zoning, staff believes that the rezoning of this site to L -O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on March 16, 2006 by Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of Meridian. UDC 11 -5B -3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the pMsed use staff believes that a Development Agreement is necesM to ensure that this properly is developed in a fashion that is consistent with the comprehensive plan and do -es not ne atg_ ively impact nearby vrcroertues. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval. a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nares at 888-4433 within 18 months of Council approval to initiate this process. The DA shall incorporate the following (also see Exhibit B): Access: Consistent with the applicant's conceptual site plan and the comprehensive plan, vehicular access to this site should be limited to Sedgewick Drive, and not Meridian. Road. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to for both of the current lots (Lots 2 and 3, Block 1, Salisbury Lane Subdivision) to use this access. NOTE: Emergency vehicular access to Meridian Road is okay, if required by the Meridian Fire Department. Future DevelgRMent: Meridian Professional Office — RZ-06-005 PAGE 5 CITY OF MERIDIAN PLANNOC DEPARTMENT STAFF REPORT FOR THE HEA DATE OF JULY 25, 2006 Office Use: Professional- and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L -O zone. Staff believes that these principally permitted uses are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L-0 zone with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to office(clinic type uses. This recommendation is intended to protect the neighbors from more intense commercial uses that could potentially operate on this property with CUP approval, and to ensure that the uses intended in Resolution No. 04-454 (light office, low -impact businesses) are upheld. All future uses on the subject property shall be limited to principally permitted uses in the L -O zone only. According to UDC 11 -5B -1A, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A CZC shall be issued only in conformity with the provisions of the UDC and shall be required before the issuance of a building permit. Upon rezone ordinance approval the existing residcnccs will bccomc lcgal non- conforming uses. The applicant, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L -O zone. Prior to occupancy of any building for office use on this site, a certificate of zoning compliaucc permit should be obtained. Hours of Operation- In the submitted application, the applicant lists that the hours of operation will be from 7 am to 7 pm. Consistent with previous Commission actions, staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 6 am to 10 pm. Landsopina: Meridian Road is a classified arterial roadway. A 25 -foot wide landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3). There is currently a 20 -foot wide landscape buffer easement (in a common lot) along Meridian Road adjacent to this site. However, most of the landscaping adjacent to this site lies within the right-of-way for Meridian Road, and not within the landscape buffer. A full 25 -foot wide landscape buffer, constructed outside of the Meridian Road right -of --way, should be constructed adjacent to this site. UDC Table 11-2B-3 requires a 10 -foot wide landscape street buffer along local streets. A 10 -foot wide landscape buffer, constructed outside of the Sedgewick Drive right-of-way, should be constructed adjacent to this site. UDC Table 11-2B-3 requires a 20 -foot wide landscape buffer between residential uses and L -O uses. To buffer the adjacent residential uses, the applicant is proposing to construct a solid masonry fence on both the west and south property lines. Staff is supportive of the applicant's proposal. The masonry fence proposal should be in addition to, not in lieu of, the 20 -foot wide landscape buffer that is required by City Code. Landscape buffers along Meridian Road, Sedgewick Drive, and the south and west property lines, in compliance with the UDC, will be required by the City with CZC/Plat approval. Meridian Professional Office — RZ-06-005 PAGE 6 CITY OF MERIDIAN PLANOG DEPARTMENT STAFF REPORT FOR TIIE IIEAlk DATE OF JULY 25. 2006 Site P • Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan do not comply with the UDC. Currently, City Code requires all 90 -degree parking stalls to be at least 9 -feet wide, 19 -feet long, adjacent to 25 -foot wide drive aisles. All parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Buil ' g Elevations/Construction Materials: The applicant is proposing to construct up to four office buildings on this site. The potential buildings for this site have a maximum size of 3,270 square feet each, and are single -story. As proposed by the applicant, staff recommends that each future building have some stucco and brick accents. That any new structure(s) (or remodel of existing structure(s)) should be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. b. Stag Recommendation: Staff recommends approval of RZ-06-005 for Meridian Professional Offices as presented in the staff report for the hearing date of June 15, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions for a Development Agreement in the attached Exhibit A. On July 15 2006 the Meridian Elming & Zoning Commission voted to recommend approval of the subject application to the City Council. 11. EXHIBITS A. Development Agreement Provisions and Agency and Department Comments 1. Planning Department 2. Public Works Department 3. Meridian Fire Department B. Legal Description C. Required Findings from Zoning Ordinance D. Conceptual Site Plan & Elevation Meridian Professional Offim - R7.-06-(.105 PAGE 7 CITY OF MERIDIAN PLANOo DEPARTMENT STAFF RLPORT FOR TIM ILEA& DATE OF JULY 25. 2006 A. Development Agreement Provisions and Agency and Department Comments Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The NaMcant shall contact the Cily AttoMeL Hill Nary, at 88-4433 to initiate this roc s. The DA shall incorporate the following: • That no alterations, expansions, reconstructions or other enlargements to the existing single- family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-0 zone. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • 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. 'ghtin_& or odors. • That the following shall be the only allowed uses on this property: principally permitted uses within the L -O zone. + That the R2Lto hours of operation shall be limited to 6 L a.m. to 48 Lp.m.. • That any new structure(s) (or remodel of existing structure(s)) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a ConditionalUse Permit. • That up to four office -type buildings may be constructed on this site. That said buildings shall have a maximum size of 3,270 square feet each, and be limited to a single -story. Each building shall have some stucco and brick accents. • That the applicant agrees to construct a 6 -foot tall masonry fence along the south And west property lines, as proposed. That although not reaujred. the applicant has offered to construct said fence on top of a berm, jf some of the adjacent property owner(s)' allow the berm to be gAWS& constructed on their land. • That a 25 -foot wide landscape street buffer will be constructed adjacent to Meridian Road, located entirely outside of the right-of-way. • That a 10 -foot wide landscape street buffer will be constructed adjacent to Sedgewick Drive, located entirely outside of the right-of-way. + That a 20 -foot wide land use buffer will be constructed along the south and west property lines. • That vehicular access to this site shall be restricted to Sedgewick Drive, as approved by ACID and the City; Except for emergency access, no vehicular access to Meridian Road is approved. • That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Sedgwick and Meridian Road. • That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of-way. Exhibit A CITY OF MERIDIAN PLANOC DEPARTMENT STAFF REPORT FOR THE HEA* DATE OF JULY 25, 2006 • That the applicant shall be required to use, with written permission, the existing pressurized irrigation system for all landscaping. 1, PLANNING DF.PARTMF.NT 1.1 The rezone legal description submitted with the application (prepared on March 16, 2006 by Darren R. Leavitt, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1.2 All future construction/uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 Please see Section 10 of the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residences are serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. 3. MERIDIAN FIRE DEPAKFMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %11 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. I Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The office development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has Exhibit A CITY OF MERIDIAN PLANOO DEPARTMENT STAFF REPORT FOR THE HEA40O DATE OF JULY 25, 2006 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The applicant shall work with Planning Department staff and Fire Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 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 approvad automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an appruved autultlatic 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). Exhibit A CITY OF MERIDIAN PLANQO DEPARTMENT STAFF REPORT FOR THE IIEAS DATE Of JULY 25. 2006 B. Legal Description liar to 08 03028r. Rrroo Land ZOO -939-7381 P.2 ARR G1ps. BOPL�TdA.RX 'i'�.L C AND A.T.A. *-W StUWms C ONSTR�, MMN STAXM Land Surveying, Inc. 3t, 8' 1147 L state StrW $guts 196 - 1119W, MGb* 83616 - offlM 7.358-839=73738 - few- I • M' Job No. 06135 2,224% REWNE DESCRI:' ON F4R LKY ARCHrMCTS Lots 1-3, 81WIr,1 of Batisb ury Lasmo SUWvision, and portions of W. Sopwlck Drive and N. A4&&UM hoed in Smdm 1, Township 3 Not&, Rapp 1 West of the Boise Matldim. City of Meridiem, Ads County. 1"w deacn'bed sot Cgvmwmwg at rite Noremst coam of Seedm-1, Taw=1p 3 North. R=94;1 West of the Bolsa MecUbw QW of -Ada C0wAY. and rlmn1ng *,Mica S0001 7"24"W 1423.45 fed along the PAM line of said SeaOm to *0 c rnm. is ecTicaa of N. Meridian Rod and W. Sedgcwii k Mjve maid point being the POINT Oil BROINNING). chess c WW4rUi'W 234.64. h of atma to eentalim of sm-d W. Scftcwick Drive to a p mat of mmm with a radius of 200.00 fma. a curl angle of i2owo2" =a a Chwd bait bal=es ssei z -w 41.81 fear time to dm tuft 41008. Said c dii w curve 41.89 four tlt mce 615°27'44"E 170 Al fiat along tim Went line .af*d Lot 3 to the Nord wsag eater or acid Lot 2; dlc�ecc S40pl"4"W 11Ii_01 Soar. along dm West Um of said Lot 2 to do Swahwes omm e f mdd Lot 2; tbmm Wr27'04"E 200.00 beset Bang the Soo* line of said Salisbto 1Am Subdivldtm tl SW4T 36" L 30.00 t@,at along sad South line to the.certtewilne of said N. Meridian Rmad; Ownee 1NO4°17 WE 28730 fed 81=8.said centarlito to the past ofhegimaielg. Area contains 1.6 aareac Exhibit 13 APw MAY d 8 20M LI Me= DEPT. e: CITY OF MERIDIAN PLANOG DEPARTMENT STAFF REPORT FOR THE HEA DATE OF JULY 25. 2006 U N. AWIDAN Ra4b 4--= U!64-O8e-ena Exhibit B ® i i ;w •�M PURI 00449 WES ISO .80 s0 Raw PURI 00449 WES ISO .80 s0 Raw CITY OF MERIDIAN PLAN�C DEPARTMENT STAFF REPORT FOR THE KEA DATE OF JUNE 15. 2006 C. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a frill 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 L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that several uses are permitted within the requested zoning district of L -O. The future uses and buildings on this site should conform to the dimensional standards of the proposed zoning designation. Council finds that the site is large enough to contain the required parking and landscaping. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council 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. Exhibit C CITY OF MERIDIAN PLA140OG DEPARTMENT STAFF REPORT FOR THE HFA DATE OF JUNE 15. 2006 D. Site Plan and Elevation Exhibit D • E OF JUNE 13, 2006 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE liEARIN Exhibit D August 11, 2006 AZ 06-026 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Paramount Development ITEM NO. S -F REQUEST Findings for Approval — Request for Annexation and Zoning of 60.96 acres from RUT to R-8 zone for Paramount South 60 Subdivision — northeast comer of North Linder Road and West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See altached Flndings OTHER: Contacted• Date: p(p Phone. 3 wo -500 O Emailed: i .�,�n �1,p� St ff Ini •als. Materials presented Apubfic meetings shaft become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER AUG 07 2000 eridi.an Office y IDAHO N In the Matter of Annexation and Zoning of 60.96 acres from RUT to R-8 AND Preliminary Plat approval for 200 single-family residential building lots and 11 common lots on 59.81 acres in a proposed R-8 zone, by Paramount Development, Inc. Case No(s). AZ -06-026 and PP -06-025 For the City Council Dearing Date of: July 25, 2006 (findings on August 15, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 • i 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of JULY 25, 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 May 24, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 r� u 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 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 • h By action of the City Council at its regular meeting held on the �� f day of 171, 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_Ye� COUNCIL MEMBER JOE BORTON VOTED_Iy�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_*!!�k— COUNCIL MEMBER KEITH BIRD VOTED��� TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T de WEERD ATTEST: EAL WILLIAM G. BERG, JR., C CLT- Copy LQCopy served upon: ✓ Applicant//,,,/,,, Planning Planning Depaif��nt�"`1° ►/ Public Works Department City Attorney By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HING DATE OF JULY 25, 2006 STAFF REPORT Hearing Date: 7/25/2006 TO: Mayor and City Council FROM: Jenny Veatch Associate City Planner Meridian Planning Department 208-884-5533 J� CTry d'Yff 140 SUBJECT: Paramount South 60 Subdivision AZ -06-026 Annexation and Zoning of 60.96 acres from RUT (Ada County) to R-8 (Medium Density Residential). PP -06-025 Preliminary Plat approval of 200 single-family residential building lots and 11 common lots on 59.81 acres in a proposed R-8 zone, by Paramount Development, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Paramount Development Inc., has applied for Annexation and Zoning (AZ) to R-8 (Medium Density Residential) for 60.96 acres of property currently zoned RUT in Ada County. The site is located north of McMillan Road and east of N. Linder Road. Currently, there is a single-family home and associated outbuilding on this site. The existing structures will be removed. The applicant is also asking for preliminary plat approval of 200 single family residential lots and 11 common lots on 59.81 acres. 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 Paramount South 60 Subdivision (AZ -06-026 and PP -06-025) with the conditions listed in Exhibit B of the Staff Report. On July 6. 2006 the Planning & Zoning Commission voted to recommend approval of the subiect applications. On Julv 25. 2006 the Citv Council approved the subject applications. a. Summary of Public Hearing: i. In favor: Jay Walker (Applicant's representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: C. Caleb Hood, Mike Cole b. Key Issues of Discussion by Commission: i. Location of eastern stub street c. Key Commission Changes to Staff Recommendation: i. Modify site specific condition 1.1.5 to read that fencing will not be provided/required on the perimeter adjacent to the future high school (school will provide own fencing). d. Outstanding Staff Issue(s) for City Council: i. None Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -06-026 and PP -06-025 as presented in staff report for the hearing date of July 25, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ -06-026 and PP -06-025 as presented during the hearing of July 25, 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 -06-026 and PP -06-025 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: 1360 and 810 W. McMillan Road; north of McMillan Road and east of N. Linder Road in Section 25, Township 4 North, Range 1 West b. Owners: Paramount LLC 12601 W. Explorer Drive Boise, ID 83713 c. Applicant: Paramount Development, Inc. 12601 W. Explorer Drive Boise, ID 83713 d. Representative: Eugene Smith, Engineering NorthWest, LLC e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 60.96 acres to R-8 and Preliminary Plat approval of 200 single-family buildable lots and 11 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 8,896 square feet. The gross density of the project is 3.34 dwelling units per acre. Approximately 7.4 percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): May 24h, 2006 2. Date of landscape plan (attached in Exhibit A): April 10a', 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 the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 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: June 19`h and July P, 2006 (for P & Z Commission hearing) and July 10ffi and July 17'`, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: June 9h, 2006 (for P & Z Commission hearing) and July 7h, 2006 (for City Council hearing). e. Applicant posted notice on site by: June 23`d, 2006 (for P & Z Commission hearing) and July 15'', 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is one single-family home and an associated outbuilding on this site. The existing structures are to be removed. b. Description of Character of Surrounding Area: This area contains a mix of rural parcels in Ada County, medium density residential developments and developing subdivisions, a school site and a planned commercial subdivision within the City. c. Adjacent Land Use and Zoning: 1. North: Paramount Subdivision #6 and Future Rocky Mountain High School site, zoned R-8 2. East: Proposed Phases of Paramount Subdivision, zoned R-8 and an 18.36 -acre residential parcel with existing home, zoned RUT (Cedarcreek Subdivision annexation, rezone to R-8 and preliminary plat of 85, single-family homes currently in process to be approved by City Council). 3. South: Cobblefield Crossing Subdivision, zoned R-8 and a 40 -acre residential parcel, zoned RUT (Ada County) 4. West: Proposed Paramount Subdivision Commercial Phase #4, zoned C -G d. History of Previous Actions: Paramount Development, Inc. has an approved, multi -phase, Planned Development of 801 lots on 392.17 acres of land generally located within the square mile bordered by Chinden Blvd, Meridian, Linder and McMillan Roads. This application is separate from Paramount's Planned Development, but is contiguous in land to future phases of the development. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer adjacent to this property in Paramount #6, and planned mains to be extended from the Rocky Mountain High. Location of water: There is currently water adjacent to this property in Paramount #6 and in W. McMillian Road. Issues or concerns: None. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 59.81 acres f. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 11 5. Other Lots: 0 200 D o 6. Total Lots: 211 7. Gross Density: 3.34 units per acre (net density is 4.44 d.u./acre) 8. Minimum House Size: 1,301 square feet g. Landscaping 1. Width of street buffer(s): 30 feet 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.44 acres/7.4% 4. Other landscaping standards: Parkway areas are to be 8 -feet wide and contain Class II trees to be counted as common open space (UDC 11 -3A -17E). h. Amenities: Parkways with detached sidewalks and park with tot lot. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage 60 50 Lot Size 8,400 5,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a 36 feet wide public entry road, N. Fox Run Way, from W. McMillan Road. The applicant is proposing to extend an existing public stub street, N. Fox Run Way, from within northern Paramount #6 Subdivision. The applicant is also proposing to provide a public street stub, W. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 Laughton Drive, to the undeveloped C -G and R-8 parcels to the east and west. All of the internal streets are local streets with 33 -foot wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4 -foot wide detached sidewalks and 8 -foot wide landscape strips within 60 -feet of right-of-way. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On May 26, 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" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 200 single-family lots on 59.81 acres for a gross density of 3.34 dwelling units/acre. The proposed density complies with the anticipated density for this area. 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 #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. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 5 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 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. The applicant is proposing a pedestrian pathway that will access the future Rocky Mountain High School to the north. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north. In addition, two stub streets are being proposed to the parcels to the east and west that are currently zoned C -G and R-8, which staff anticipates will develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. 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 C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed and existing single- family residential properties to the north, south, and east, are compatible with the proposed Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIWG DATE OF JULY 25, 2006 development. The applicant is also proposing smaller lots on the west side of the development that is adjacent to a future commercial retail 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 rural parcels to the east and south across W. McMillan Road. The applicant is proposing to construct a six-foot tall privacy fence around this development. Most of the future and currently developed subdivisions in the area and on the perimeter of the development are R-8. Stafffinds that the proposed fencing should provide enough screening between the proposed urban development and the rural areas surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. 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-8 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. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. i 11W411 F411 W&I K 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 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 April5, 2006 by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: As noted previously in this report, this area is designated for medium density residential uses. Medium density residential is defined as up to eight dwelling units per acre. The submitted plat has a gross density of 3.34 dwelling units per acre. There are existing rural lots to the east and south of this site. UDC 11 -3G -3A1 requires at least 5% of the total land area to be set aside for common Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 7 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. Landscaping_ The landscape plan prepared by The Land Group, on April 10`h, 2006, is approved with the following modifications/notes: o Per UDC 11 -3G -3A, set aside at least 7.4% (4.4 acres) of the site for useable open space, as proposed. o 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 11-313-10, 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 11-313-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to extend the public stub street from the north, N. Fox Run Way, and provide a public stub street (W. Laughton Drive) to the east and west as proposed. Existing Residences/Buildings: The site currently contains two buildings. All existing buildings shall be removed as proposed. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the entire perimeter of the site, except adjacent to the future high school. Staff finds that the application in process for Cedarcreek Subdivision to the east of this property is also proposing six foot fencing around its perimeter. 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 Paramount South 60 Home Owners' Association. Ditches. Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to 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 subject applications AZ -06-026 and PP -06-025 with the conditions listed in Exhibit B of the Staff Report for the hearing date of July 25, 2006. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 8 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HIWG DATE OF JULY 25, 2006 On July 6. 2006 the Planning & Zoning Commission voted to recommend approval of the subiect applications. On July 25, 2006 the City Council approved the subiect applications. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 5/24/06) 2. Landscape Plan (dated: 4/10/06) 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. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 9 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 A. Drawings 1. Preliminary Plat (dated: 5/24/06) J.E'+b'�'_S.ML 9Rs"6L>.'s�Paw�gx.C41.3 Exhibit A — Page 1 is ti 4 is , ��y � t ro.gi � � ® ..Io . \ (®��I � .eeo.r"'s•oiwr e €_gip :, }((�-- 7© 0;.1 ® � _.,. -.. ® fl;• f ?g'9 .Al ofl:a, ~®;'' '&,Yp'.' Z �•" �.:b0 � O:!^�, ®°`_:® '� fs`.FfO Ai is Git a p- O r.• i�=. ; ale®�:�®i: ®�f:®'� ®.�'�®+ y, ®.©; .: .1 iD rn k,f.. u. yr •rrco �Sj raw+>ea.r sase.,s,o• A _ � i : i• ' �? e'- C r� r �. 3>!• gag -�a• !;-:..! f:_ ' , ,t � � '}} •� 8 +, ai� g.I11 i�da AVIT Z ;•jam' -- _'- a Q -... Exhibit A — Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 ]Landscape Plan (dated 4/10/06) M N „ ean M I A �m 9 p > �n A On f1 Iff�o D_ D 9 W N �t pillr7 0 . 8;¢ � ,. ; .l i $ 7 vA d FSA C sy r; 1 6 s _ !! i V A r a a j t li,joa t_ +� fl till if .cE 2; I! j fid!°• S 2 A� �At � 2llnla ! ' yah �` & ep �d y'' ! a 00 c ,x ! a; S _. .. .. .m ji flA�jtt�tf,i �t� t�:11 t till. � i f i{�jjl ji!� 4f �'�if i��611�i'f�i•; r!f lijff i� ,� � ° - - er ft � = itjf{' ��t ih! t ��llAt�j� lr• � A!� � 'u °� s , . •- i ii f f it , {� f, illi ofli,ti ►i it! iipIt - R f � i � ii N j t; i[i°i �il�r� �t til �I� t ti� � m •i ,� a 1 f i • i' !f ! i� fall iiflI 17 !tf 39;q j �11 Paramount South o t t Meridian Idaho Prepndnary Plat Submittal 03-29406 Exhibit A —Page 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H16G DATE OF JULY 25, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-022) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Northwest, LLC, dated May 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-026) application shall also be considered conditions of the Preliminary Plat (PP -06-025) 1.1.2 The landscape plan prepared by The Land Group, on 4/10/06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 7.4% (4.4 acres) of the site for useable open space, as proposed. • 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 11-313-10, 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 11-313-14. 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 Extend the public stub street from the north, N. Fox Run Way, and provide a public stub street to the east and west as proposed. 1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.5 Provide a 6 -foot tall solid fence around the perimeter of the development, except adjacent to the future high school (the school will install their own fencin7). as proposed (with the exception of the east perimeter, contingent upon approval of the Cedarcreek Subdivision preliminary plat application which includes six foot fence around its perimeter). A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11 -3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Paramount South 60 Home Owners' Association. 1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be Exhibit B — Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 25, 2006 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—PRELIMINARY PLAT (PP -06-025) 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 is being proposed via extension of mains from Paramount Subdivision and Rocky Mountain High School. The applicant shall install sewer mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Paramount Subdivision and W. McMillian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The 10 -inch water main being shown on the preliminary plat shall be upsized to 12 -inch. 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 Exhibit B — Page 2 CITY OF MERIDIAN PLAN*, DEPARTMENT STAFF REPORT FOR THE ICING DATE OF JULY 25, 2006 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). 2.6 The applicant has indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.7 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 The applicant shall dedicate with the final plat 10 -foot wide Public Utilities, Drainage and Irrigation easements along the rear lot lines and centered on interior lot lines. 2.9 All existing structures spanning lot lines or not meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 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. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 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. 2.14 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. 2.15 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. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exhibit B — Page 3 CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE HJkJNG DATE OF JULY 25, 2006 may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 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. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 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. 3.2 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 V2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs.) 3.5 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. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit B — Page 4 CITY OF MERIDIAN PLANfi DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 3.7 The proposed 200 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 580 residents at build out. 3.8 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. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas (Block 10 Lot 5). 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. 4.2 The proposed plat and/or site design encourages high-speed, cut -through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. Lagaretta Drive and W. Laughton Drive. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. 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. 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. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs.) Exhibit B — Page 5 CITY OF MERIDIAN PLAT* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 7. Ada County Highway District Site Specific Conditions ofAp 2roval 1. Dedicate a total of 45 -feet of right-of-way from the centerline of West McMillan Road. 2. Construct a 5 -foot sidewalk no closer than 41 -feet from the centerline of West McMillan Road with pedestrian ramps at the intersection of North Fox Run Way. 3. Construct separate left and right turn lanes on West McMillan Road with adequate storage and taper lengths at the site access approach. 4. Locate an entry road, North Fox Run Way, located approximately 660 -feet east of the southwest property line (measured property line to centerline). 5. Construct North Fox Run Way as a residential collector with 4 -foot detached concrete sidewalk, landscape strips, vertical curb, gutter, islands and minimum 21 -foot street sections on either side of the islands within 98 -feet of right-of-way. 6. Construct all the internal roadways with detached sidewalk, 8 -foot landscape strip, curb, gutter and 33 -foot street sections within 60 -feet of right-of-way. Produce a signed letter from the Fire Department specifically approving the proposed reduced street sections. 7. Locate four islands and six knuckles as proposed (the remaining knuckle with island in North DeNiro Place is not approved as proposed). Surround every island in a street section with no less than 21 -feet of pavement and every island in a knuckle with no less than 29 -feet. 8. Construct North DeNiro Place as a typical street section: 33 -foot street section within 60 -feet of right-of-way. Locate a cul-de-sac turnaround with a minimum 45 -foot turn radii at the terminus of North DeNiro Place. 9. Extend the existing stub street within the northern Paramount Number 6 Subdivision. North Fox Run Way is located approximately 606 -feet west of the northeast property line (measured property line to centerline). 10. Construct a stub street to the east, (West Laughton Drive), located approximately 530 -feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a roadway within a future phase of the Paramount Subdivision to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WITLL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the west located approximately 550 -feet south of the northwest property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WITLL BE EXTENDED IN THE FUTURE". 12. Locate all driveways within this subdivision no closer than 50 -feet from any intersection. 13. Pave the driveways their entire width, at least 30 -feet into the site and install 15 -foot pavement tapers where the driveway meets the edge of pavement. 14. Direct lot access to North Fox Run Way at its proposed southern location is prohibited and should be noted on the final plat. Exhibit B — Page 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 15. Direct lot access to West McMillan Road is prohibited and should be noted on the final plat. 16. Comply with all Standard Conditions of Approval. Standard Conditions ofAmroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that 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. 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 Exhibit B — Page 7 CITY OF MERIDIAN PLA?gW DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 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. 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. Settlers' Irrigation District 9.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facility involved is the Bisby Lateral (20' easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the subdivision. If the developer wishes to have Settlers Irrigation District maintain the pressure irrigation system an agreement needs to be in place construction meeting. Exhibit B — Page 8 above-mentioned own, operate, and prior to the pre - CITY OF MERIDIAN PLAN: DEPARTMENT STAFF REPORT FOR THE MNG DATE OF JULY 25, 2006 C. Legal Description engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise. Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 05-044-01 Date: April 05, 2006 PARAMOUNT SOUTH ANNEXATION DESCRIPTION A parcel of land located in the South 1/2 of the SW 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 25, 26, 35 and 36 of said T. 4 N., R. I W.; Thence South 89124'05" East, 670.46 feet on the section line common to said Sections 25 and 36 to the southwest corner of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 25, said point being the REAL POINT OF BEGINNING; Thence leaving said section line, North 00°26'58" East, 1319.17 feet on the westerly boundary line of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 25 to the northwest comer of said East 1/2; Thence South 8925'33" East, 2013.32 feet on the northerly boundary line of said East 1/2 of the SW 1/4 of the SW 1/4 and the northerly boundary line of the SE 1/4 of the SW 1/4 of said Section 25 to the northeast comer of said SE 1/4 of the SW 1/4; Thence South 00°32'05" West, 1320.01 feet on the easterly boundary line of said SE 1/4 of the SW 1/4 to the 1/4 section comer common to said Sections 25 and 36; Thence North 89024'05" West, 2011.36 feet on the section line common to said Sections 25 and 36 to the real point of beginning. Said parcel contains 60.96 acres more or less. REVIEW APPROVAL PREPARED BY: Engineering NorthWest, LLC 880 OF MERIMAN PUBLIC James R. Washburn, PLS WORKS DEPT Paramount South Annexation Desc.doc Page I of 1 Exhibit C — Page 1 CITY OF MERIDIAN AN* DEPARTMENT STAFF REPORT FOR THE A&INO DATE O JULY 2,2 k Exhibit C – PaJ2 �� \ /�� | , I0 | /4 ' - : ,....,... 2� « : p– -- -- -- -- -- �-�� ---- �– �– -- -- �-�= f \ I , | I {/ \\o %2 \\ � � � § U ° .....,....,. 7` }W� � & �\ [ �§ § l g � ( 2 � I I | � � � | - � -- -- �- -- - - -` -- -- — - --- -- -- -- I -- --j - � Exhibit C – PaJ2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE TANG DATE OF JULY 25, 2006 Exhibit C — Page 3 CITY OF MERIDIAN PLANeb DEPARTMENT STAFF REPORT FOR THE 1196G DATE OF JULY 25, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fords that future development of this property will comply with the established regulations and purpose statement of the R-8 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. 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 R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D — Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 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; 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 that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 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 Council is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 Council is unaware. Exhibit D — Page 2 August 11, 2006 PP 06-025 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Paramount Development ITEM NO. 5-G REQUEST Findings for Approval 7 Request for Preliminiary Plat approval of 201 residential lots and 13 common lots on 59.81 acres in a proposed R-8 zone for Paramount South 60 Subdii don — northeast comer of North Linder Road and West McMillan Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See dBached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: Orr 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:q&Phone: ✓Z 76 —✓57Da o Emailed: Staff Ini ' ts: A,/Z._ Materials presented of pubpc meetings sha8 become property of the City of Meddian. CITE' OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER AUG 0 7 2006 i Meridian " erk Office h IDAHO y In the Matter of Annexation and Zoning of 60.96 acres from RUT to R-8 AND Preliminary Plat approval for 200 single-family residential building lots and 11 common lots on 59.81 acres in a proposed R-8 zone, by Paramount Development, Inc. Case No(s). AZ -06-026 and PP -06-025 For the City Council Hearing Date of: July 25, 2006 (findings on August 15, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 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 25, 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 May 24, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 0 • Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 • 0 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_#!�4- COUNCIL MEMBER JOE BORTON VOTEDA�- COUNCIL MEMBER CHARLIE ROUNTREE VOTED # COUNCIL MEMBER KEITH BIRD VOTED 064-, TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR WEERD ATTEST: ° 41 g� WILLIAM G. BERG, JR., &TYCLERK Copy served upon: Applicant ✓' Planning Departmeri�P t/ Public Works Department City Attorney By' Dated: ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-026 and PP -06-025 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HOG DATE OF JULY 25, 2006 STAFF REPORT Hearing Date: 7/25/2006 TO: Mayor and City Council FROM: Jenny Veatch Associate City Planner Meridian Planning Department 208-884-5533 aidntir SUBJECT: Paramount South 60 Subdivision AZ -06-026 Annexation and Zoning of 60.96 acres from RUT (Ada County) to R-8 (Medium Density Residential). PP -06-025 Preliminary Plat approval of 200 single-family residential building lots and 11 common lots on 59.81 acres in a proposed R-8 zone, by Paramount Development, Inc. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Paramount Development Inc., has applied for Annexation and Zoning (AZ) to R-8 (Medium Density Residential) for 60.96 acres of property currently zoned RUT in Ada County. The site is located north of McMillan Road and east of N. Linder Road. Currently, there is a single-family home and associated outbuilding on this site. The existing structures will be removed. The applicant is also asking for preliminary plat approval of 200 single family residential lots and 11 common lots on 59.81 acres. 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 Droposed Paramount South 60 Subdivision (AZ -06-026 and PP -06-025) with the conditions listed in Exhibit B of the Staff Report. On July 6, 2006 the Planning & Zoning Commission voted to recommend approval of the subiect aunlications. On Julv 25. 2006 the Citv Council approved the subject applications. a. Summary of Public Hearing: i. In favor: Jay Walker (Applicant's representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: C. Caleb Hood, Mike Cole b. Key Issues of Discussion by Commission: i. Location of eastern stub street c. Key Commission Changes to Staff Recommendation: i. Modify site specific condition 1. 1.5 to read that fencing will not be provided/required on the perimeter adjacent to the future high school (school will provide own fencing). d. Outstanding Staff Issue(s) for City Council: i. None Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 1 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -06-026 and PP -06-025 as presented in staff report for the hearing date of July 25, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ -06-026 and PP -06-025 as presented during the hearing of July 25, 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 -06-026 and PP -06-025 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: 1360 and 810 W. McMillan Road; north of McMillan Road and east of N. Linder Road in Section 25, Township 4 North, Range 1 West b. Owners: Paramount LLC 12601 W. Explorer Drive Boise, ID 83713 c. Applicant: Paramount Development, Inc. 12601 W. Explorer Drive Boise, ID 83713 d. Representative: Eugene Smith, Engineering NorthWest, LLC e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 60.96 acres to R-8 and Preliminary Plat approval of 200 single-family buildable lots and 11 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 8,896 square feet. The gross density of the project is 3.34 dwelling units per acre. Approximately 7.4 percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): May 24t`, 2006 2. Date of landscape plan (attached in Exhibit A): April 10d, 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 the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 2 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HIG DATE OF JULY 25, 2006 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: June 19" and July 3'd, 2006 (for P & Z Commission hearing) and July 10t` and July 17", 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: June 9t", 2006 (for P & Z Commission hearing) and July 7'", 2006 (for City Council hearing). e. Applicant posted notice on site by: June 23rd, 2006 (for P & Z Commission hearing) and July 15t", 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is one single-family home and an associated outbuilding on this site. The existing structures are to be removed. b. Description of Character of Surrounding Area: This area contains a mix of rural parcels in Ada County, medium density residential developments and developing subdivisions, a school site and a planned commercial subdivision within the City. c. Adjacent Land Use and Zoning: 1. North: Paramount Subdivision #6 and Future Rocky Mountain High School site, zoned R-8 2. East: Proposed Phases of Paramount Subdivision, zoned R-8 and an 18.36 -acre residential parcel with existing home, zoned RUT (Cedarcreek Subdivision annexation, rezone to R-8 and preliminary plat of 85, single-family homes currently in process to be approved by City Council). 3. South: Cobblefield Crossing Subdivision, zoned R-8 and a 40 -acre residential parcel, zoned RUT (Ada County) 4. West: Proposed Paramount Subdivision Commercial Phase #4, zoned C -G d. History of Previous Actions: Paramount Development, Inc. has an approved, multi -phase, Planned Development of 801 lots on 392.17 acres of land generally located within the square mile bordered by Chinden Blvd, Meridian, Linder and McMillan Roads. This application is separate from Paramount's Planned Development, but is contiguous in land to future phases of the development. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer adjacent to this property in Paramount #6, and planned mains to be extended from the Rocky Mountain High. Location of water: There is currently water adjacent to this property in Paramount #6 and in W. McMillian Road. Issues or concerns: None. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 3 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 25, 2006 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 59.81 acres f. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 11 5. Other Lots: 0 200 1 0III11 6. Total Lots: 211 7. Gross Density: 3.34 units per acre (net density is 4.44 d.u./acre) 8. Minimum House Size: 1,301 square feet g. Landscaping 1. Width of street buffer(s): 30 feet 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.44 acres/7.4% 4. Other landscaping standards: Parkway areas are to be 8 -feet wide and contain Class U trees to be counted as common open space (UDC 11 -3A -17E). h. Amenities: Parkways with detached sidewalks and park with tot lot. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage 60 50 Lot Size 8,400 5,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a 36 feet wide public entry road, N. Fox Run Way, from W. McMillan Road. The applicant is proposing to extend an existing public stub street, N. Fox Run Way, from within northern Paramount #6 Subdivision. The applicant is also proposing to provide a public street stub, W. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 25, 2006 Laughton Drive, to the undeveloped C -G and R-8 parcels to the east and west. All of the internal streets are local streets with 33 -foot wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4 -foot wide detached sidewalks and 8 -foot wide landscape strips within 60 -feet of right-of-way. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On May 26, 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" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 200 single-family lots on 59.81 acres for a gross density of 3.34 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRID). 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. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 5 CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HIG DATE OF JULY 25, 2006 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. The applicant is proposing a pedestrian pathway that will access the future Rocky Mountain High School to the north. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north. In addition, two stub streets are being proposed to the parcels to the east and west that are currently zoned C -G and R-8, which staff anticipates will develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. 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 C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed and existing single- family residential properties to the north, south, and east, are compatible with the proposed Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 6 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 development. The applicant is also proposing smaller lots on the west side of the development that is adjacent to a future commercial retail 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 rural parcels to the east and south across W. McMillan Road. The applicant is proposing to construct a six-foot tall privacy fence around this development. Most of the future and currently developed subdivisions in the area and on the perimeter of the development are R-8. Staff finds that the proposed fencing should provide enough screening between the proposed urban development and the rural areas surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. 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-8 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. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 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 Apri15, 2006 by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Densi dy en Space: As noted previously in this report, this area is designated for medium density residential uses. Medium density residential is defined as up to eight dwelling units per acre. The submitted plat has a gross density of 3.34 dwelling units per acre. There are existing rural lots to the east and south of this site. UDC 11 -3G -3A1 requires at least 5% of the total land area to be set aside for common Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 7 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HG DATE OF JULY 25, 2006 open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. Landscaping The landscape plan prepared by The Land Group, on April 10'', 2006, is approved with the following modifications/notes: o Per UDC 11 -3G -3A, set aside at least 7.4% (4.4 acres) of the site for useable open space, as proposed. • 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 11-313-10, 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). Stub Streets: The applicant should be required to extend the public stub street from the north, N. Fox Run Way, and provide a public stub street (W. Laughton Drive) to the east and west as proposed. Existing Residences/Buildings: The site currently contains two buildings. All existing buildings shall be removed as proposed. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the entire perimeter of the site, except adjacent to the future high school. Staff finds that the application in process for Cedarcreek Subdivision to the east of this property is also proposing six foot fencing around its perimeter. 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 Paramount South 60 Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to 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 subject applications AZ -06-026 and PP -06-025 with the conditions listed in Exhibit B of the Staff Report for the hearing date of July 25, 2006. Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 8 CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF JULY 25, 2006 On July 6, 2006 the Planning & Zonin2 Commission voted to recommend approval of the subiect applications. On July 25, 2006 the City Council approved the subiect applications. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 5/24/06) 2. Landscape Plan (dated: 4/10/06) 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. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Paramount South 60 Subdivision AZ-06-026/PP-06-025 PAGE 9 CITY OF MERIDIAN PLANT* DEPARTMENT STAFF REPORT FOR THE HIONG DATE OF JULY 25, 2006 A. Drawings 1. Preliminary Plat (dated: 5/24/06) �gi bey w,om aarn � I�� is �6 I I'.'•1 717.1; •o o,l oa< o I I I!O G El oj va .i°� -i z 1=0 r;:Q�•,, 8 �'o , icy bb `dab; .73 of YY q - I t-0Tg' j� � ,I I ... [ ® BPO � 1, - } O'. '•. '� �;a,pq,. — ToyZ li ,.�:a !E '� Oi,l' ® ® xf� p0'�' �•:d0 'ht'�Y�„a a> .'.�i',pq: 0j'.. 1 MW ox v, •r.ao as �$_, vavu soar aaveaw,ox •+� � �� f 9' 4 � � ' 3 }a, II � i nial9 as■P � . 5 F y' t E e a 99x B f c .ic,�,�T.i .� io f All Exhibit A — Page 1 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE h4@6G DATE OF JULY 25, 2006 Landscape Plan (dated 4/10/06) aaaI-an z i C: M X 1 11 — �E -T-1 (a 11 1111l'i i "millai il Q 1 11 111p, > P". "I Fill. "gul- , w -a -U A z 1 C: ?i4 70, z , 419 1 1 1 If N 1 1 tti 1 a lj�(�,°g';1{!l1�iIi{i;l�iF►t R: 'i� q s �`9 I } tl�;f ; iii `F�ilp�tt`fi!} I;( id �i 7 Lze! e- a1i, ittl��.{.t��iift 10 Paramount South Meridian Idaho Preliminary Plat Submittal 03-2&06 Exhibit A — Page 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 25, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-022) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Northwest, LLC, dated May 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-026) application shall also be considered conditions of the Preliminary Plat (PP -06-025) 1.1.2 The landscape plan prepared by The Land Group, on 4/10/06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 7.4% (4.4 acres) of the site for useable open space, as proposed. • 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. 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 Extend the public stub street from the north, N. Fox Run Way, and provide a public stub street to the east and west as proposed. 1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.5 Provide a 6 -foot tall solid fence around the perimeter of the development, except adjacent to the future high school (the school will install their own fencing), as proposed (with the exception of the east perimeter, contingent upon approval of the Cedarcreek Subdivision preliminary plat application which includes six foot fence around its perimeter). A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Paramount South 60 Home Owners' Association. 1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be Exhibit B — Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 25, 2006 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 PRELIMINARY PLAT (PP -06-025) 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 is being proposed via extension of mains from Paramount Subdivision and Rocky Mountain High School. The applicant shall install sewer mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Paramount Subdivision and W. McMillian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The 10 -inch water main being shown on the preliminary plat shall be upsized to 12 -inch. 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 Exhibit B — Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 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). 2.6 The applicant has indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.7 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 The applicant shall dedicate with the final plat 10 -foot wide Public Utilities, Drainage and Irrigation easements along the rear lot lines and centered on interior lot lines. 2.9 All existing structures spanning lot lines or not meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 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. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 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. 2.14 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. 2.15 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. 2.16 Applicant shall be required to pay public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exhibit B — Page 3 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 25, 2006 may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 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. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 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. 3.2 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'/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs.) 3.5 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. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit B — Page 4 CITY OF MERIDIAN PLANLfk DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 25, 2006 3.7 The proposed 200 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 580 residents at build out. 3.8 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. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas (Block 10 Lot 5). 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. 4.2 The proposed plat and/or site design encourages high-speed, cut -through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. Lagaretta Drive and W. Laughton Drive. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. 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. 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. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs.) Exhibit B — Page 5 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 7. Ada County Highway District Site Specific Conditions of Approval Dedicate a total of 45 -feet of right-of-way from the centerline of West McMillan Road. 2. Construct a 5 -foot sidewalk no closer than 41 -feet from the centerline of West McMillan Road with pedestrian ramps at the intersection of North Fox Run Way. Construct separate left and right turn lanes on West McMillan Road with adequate storage and taper lengths at the site access approach. 4. Locate an entry road, North Fox Run Way, located approximately 660 -feet east of the southwest property line (measured property line to centerline). Construct North Fox Run Way as a residential collector with 4 -foot detached concrete sidewalk, landscape strips, vertical curb, gutter, islands and minimum 21 -foot street sections on either side of the islands within 98 -feet of right-of-way. 6. Construct all the internal roadways with detached sidewalk, 8 -foot landscape strip, curb, gutter and 33 -foot street sections within 60 -feet of right-of-way. Produce a signed letter from the Fire Department specifically approving the proposed reduced street sections. 7. Locate four islands and six knuckles as proposed (the remaining knuckle with island in North DeNiro Place is not approved as proposed). Surround every island in a street section with no less than 21 -feet of pavement and every island in a knuckle with no less than 29 -feet. 8. Construct North DeNiro Place as a typical street section: 33 -foot street section within 60 -feet of right-of-way. Locate a cul-de-sac turnaround with a minimum 45 -foot turn radii at the terminus of North DeNiro Place. Extend the existing stub street within the northern Paramount Number 6 Subdivision. North Fox Run Way is located approximately 606 -feet west of the northeast property line (measured property line to centerline). 10. Construct a stub street to the east, (West Laughton Drive), located approximately 530 -feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a roadway within a future phase of the Paramount Subdivision to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WITLL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the west located approximately 550 -feet south of the northwest property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WITLL BE EXTENDED IN THE FUTURE". 12. Locate all driveways within this subdivision no closer than 50 -feet from any intersection. 13. Pave the driveways their entire width, at least 30 -feet into the site and install 15 -foot pavement tapers where the driveway meets the edge of pavement. 14. Direct lot access to North Fox Run Way at its proposed southern location is prohibited and should be noted on the final plat. Exhibit B — Page 6 CITY OF MERIDIAN PLANO DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 15. Direct lot access to West McMillan Road is prohibited and should be noted on the final plat. 16. 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. 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 Exhibit B — Page 7 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HUNG DATE OF JULY 25, 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. 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. Settlers' Irrigation District 9.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facility involved is. the Bisby Lateral (20' easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre - construction meeting. Exhibit B — Page 8 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE F&ING DATE OF JULY 25, 2006 C. Legal Description Engineering North Nest, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83703 (208) 376-5000 • Fax (208) 376-5556 Project No. 05-044-01 Date: April 05, 2006 PARAMOUNT SOUTH ANNEXATION DESCRIPTION A parcel of land located in the South 1/2 of the SW 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 25, 26, 35 and 36 of said T. 4 N., R. 1 W.; Thence South 89°24'05" East, 670.46 feet on the section line common to said Sections 25 and 36 to the southwest corner of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 25, said point being the REAL POINT OF BEGINNING; Thence leaving said section line, North 00°26'58" East, 1319.17 feet on the westerly boundary line of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 25 to the northwest comer of said East 1/2; Thence South 8925'33" East, 2013.32 feet on the northerly boundary line of said East 1/2 of the SW 1/4 of the SW 1/4 and the northerly boundary line of the SE 1/4 of the SW 1/4 of said Section 25 to the northeast corner of said SE 1/4 of the SW 1/4; Thence South 00°32'05" West, 1320.01 feet on the easterly boundary line of said SE 1/4 of the SW 1/4 to the 1/4 section comer common to said Sections 25 and 36; Thence North 89024'05" West, 2011.36 feet on the section line common to said Sections 25 and 36 to the real point of beginning. Said parcel contains 60.96 acres more or less. REVIEW APPROVALdf,Fs) MfERIDtAN PUBLIC WORKS DEPT Paramount South Annexation Desc.doc Exhibit C — Page 1 PREPARED BY: Engineering NorthWest, LLC ti BrAq o'PG 880 OF v9��S q WAS James R. Washburn, PLS Page 1 of I CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HOG DATE OF JULY 25, 2006 I i ylh g 3 V'j. s s_ a � z � Q N W I i �da � 4 zQ Z O O OU I f o� e O �- 4 Z)W a Q 0-0 u; zr2 gg �§2e ir < y3 WLU o OF rn b i I� _ II 1 ' � � � � !I 1 1 I i Y�tt.lu.n � yt _F�e9 d ee$ Exhibit C — Page 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HOG DATE OF JULY 25, 2006 Exhibit C — Page 3 0 .a4 g - o = �a ti! � oil g L2 pm A aai A CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H&NG DATE OF JULY 25, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. 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 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. 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 11-511-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D — Page I CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE A11IING DATE OF JULY 25, 2006 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; 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 that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. 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 Council is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 Council is unaware. Exhibit D — Page 2 LJ August 11, 2006 0 AZ 06-027 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Raftis Tapestry, LLC ITEM NO. 5-H REQUEST Findings for Approval — Request for Annexation and Zoning of 3.92 acres to an R-8 zone for Tapesfry Sulxliviaion — 635 and 675 South 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: .ems COMMENTS See arched NndbW Contacted. Date: Phone:�Q a5 Emailed: SGF1r,�,1-f ,¢,� toff I vats: AWwlab pro onted at pub8c moe*W shad become prof fhe C8y of Meddkm • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED AUG 0 71006 City Of Meridian Clerk Office In the Matter of Annexation and Zoning of 3.92 acres from R-1 to R-8 (Medium Density Residential) AND Preliminary Plat approval for 20 single-family residential building lots and 4 common lots on 3.92 acres in a proposed R-8 zone, by Raftis Tapestry, LLC. Case No(s). AZ -06-027 and PP -06-026 For the City Council Hearing Date of: July 25, 2006 (findings on August 15, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 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 25, 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 July 6, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 U LJ 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 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 r'1 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_�� COUNCIL MEMBER JOE BORTON VOTED__Y� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_yy - COUNCIL MEMBER KEITH BIRD VOTED 06AL-1 TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: WILLIAM G. BERG, JR.(/CIWCLEIM`�t /,,V it/,/����1►71 f 11 H INt�,`,''���4*4 Copy served upon: v-*' Applicant ✓' Planning Department u' Public Works Department ✓ City Attorney By: JDated: dtOberk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 CITY OF MERIDIAN PLAN1i DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 STAFF REPORT Hearing Date: 7/25/2006 TO: Mayor and City Council FROM: Jennifer Veatch Associate City Planner Meridian Planning Department 208-884-5533 Um FIF 0 e, �_Wmaian a, ►o,�-ao �� 41. i 3fF SUBJECT: Tapestry Subdivision AZ -06-027 Annexation and Zoning of 3.92 acres from RI (Ada County) to R-8 (Medium Density Residential). PP -06-026 Preliminary Plat approval of 20 single-family residential building lots and 4 common lots on 3.92 acres in a proposed R-8 zone, by Raftis Tapestry, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Raftis Tapestry, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium Density Residential) for 3.92 acres of property currently zoned Rl in Ada County. The site is located on South Linder Road, between I-84 and W. Franklin Road. The applicant has concurrently applied for Preliminary Plat (PP) approval of 20 single-family residential building lots and 4 common lots on 3.92 acres. Currently, there are two single-family homes on this site. Only one of the existing homes is to remain on a proposed lot. Due to the location of the existing home that is to remain, the applicant is requesting alternative compliance to the 25 -foot landscape buffer which is required along S. Linder Road. The applicant is providing an additional seventy feet buffer width on the north side of the site entrance as compensation. 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, Preliminary Plat and Alternative Compliance applications. Staff is recommendine continuance of the Drowsed Tavestry Subdivision (AZ -06-027 and PP -06-026) so that the applicant can redesign the site with the conditions listed in Exhibit B of the Staff Report. If the applicant can have revised plans in to the Planning Department by Julyl 1, then staff can have a revised report ready for the July 20, Commission meeting. Note: The issues of the temporary turnaround, common driveway design, and micro path to Peregrine Elementary noted in this Staff Report were raised to the applicant at both the pre -application meeting and prior to the Planning; and Zoning Commission hearin�The applicant submitted the subject application without the staff -recommended changes. On July 6, 2006 the Planning & Zoning Commission voted to recommend approval of the subject applications. The applicant provided revised Dreliminary and landscane plans on Julv 6, 2006. On Julv 25, 2006 the City Council approved the subiect applications. a. Summary of Public Hearing: i. In favor: Matt Schultz (Applicant's representative) ii. In opposition: John Arizabal iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: C. Caleb Hood, Mike Cole Tapestry Subdivision AZ-06-027/PP-06-026 PAGE I CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H4kING DATE OF JULY 25, 2006 b. Key Issues of Discussion by Commission: i. Density and Comprehensive Plan designation c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Staff Issue(s) for City Council: i. Micro path to Peregrine Elementary School 3. PROPOSED MOTION (to be considered after the public hearing) Continuance I move to continue File Numbers AZ -06-027 and PP -06-026 to the hearing date of July 20'', 2006, so the changes mentioned in the staff report can be made by the applicant. Approve I move to recommend approve File Numbers AZ -06-027 and PP -06-026 as presented in the staff report for the hearing date of July 25, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ -06-027 and PP -06-026 as presented in staff report for the hearing date of July 25, 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.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 635 & 675 S. Linder Road; South Linder, between I-84 and W. Franklin Rd./ 3N1 W 14 b. Owner(s): Casey Emmons, 635 S. Linder Rd. Meridian, ID 83642 and Mel Lacy 675 S. Linder Rd. Meridian, ID 83642 c. Applicant: Raftis Tapestry, LLC 1488 E. Blue Tick St. Meridian, ID 83642 d. Representative: Mathew Schultz, RMR Consulting, Inc. e. Present Zoning: Rl (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 3.92 acres to R-8 and Preliminary Plat approval of 20 single-family buildable lots and 4 common lots. All of the homes within the development are Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 proposed to be single-family detached. The average lot size in the proposed development is 5,960 square feet. The gross density of the project is 5.1 dwelling units per acre. About .29 acres of the site is being set aside for open space. In addition, the applicant is requesting an alternative compliance to the twenty-five feet of street buffer required on an arterial road. An existing home to remain on the south side of the site entrance encroaches into the required buffer. The applicant is providing an additional seventy feet buffer width on the north side of the site entrance as compensation. 1. Date of preliminary plat (attached in Exhibit A): 4/6A6 Revised 7/6/06 2. Date of landscape plan (attached in Exhibit A): 406 Revised 7/6/06 h. Applicant's Statement/Justification: The applicant, Raftis Tapestry LLC, feels they have considered all aspects of the Comprehensive Plan, UDC, site location, neighbors, and housing market in Meridian to develop a quality residential development. (Please see Applicant's Submittal Letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: June 19th and July 3rd, 2006 (for P & Z Commission hearing) and July l Otn and July 17th, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: June 9`h, 2006 (for P & Z Commission hearing) and July 7th, 2006 (for City Council hearing). e. Applicant posted notice on site by: June 21St, 2006 (for P & Z Commission hearing) and July 15th, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There are two, single-family homes on this site. Only one of the existing homes is to remain. b. Description of Character of Surrounding Area: This general area contains several one - acre parcels in Ada County, and single-family residential subdivisions with an R4 designation in the City of Meridian. There is a school site immediately west of the site. This area is transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Whitestone Estates Subdivision and Van Hees Subdivision, zoned R4 2. East: Single-family home on large parcel, zoned RUT (Ada County); Single- family home on large parcel, zoned R-4 3. South: Single-family in Ada County; Single-family homes on large parcels (Van Hees Subdivision), zoned RUT (Ada County) 4. West: Peregrine Elementary School, zoned R4 Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 3 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 d. History of Previous Actions: Applications for Annexation, Preliminary Plat and Conditional Use for Banff Subdivision (675 S. Linder Road) were denied by City Council January 3, 2006. Key issues of discussion were the high density of the site in relation to surrounding properties, access to S. Linder Road and lack of access to the parcel to the north, problems for emergency services access to site, and future problems for annexation and redevelopment of adjacent properties e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in Linder Road. Location of water: There is currently water in Linder Road. Issues or concerns: The sewer mains in Linder Road flow to the Landing Lift Station, which may need upgrades to handle the extra sewage being generated by this development. Ownership and location of the ditch along the southern boundary of this development. 2. Canals/Ditches Irrigation: The plat shows an irrigation ditch being piped along the eastern boundary, and an unnamed ditch is being shown as being left open along the southern boundary. All open irrigation ditches, laterals and canals, should be tiled when this property develops. The applicant shall provide documentation that the ditch does not lay within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled; otherwise the applicant shall be required to pipe this facility through their property. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-8 (Medium Low -Density Residential) 5. Size of Property: 3.92 acres f. Subdivision Plat Information: 1. Residential Lots: 20 2. Non-residential Lots: 4 3. Total Building Lots: 20 4. Common Lots: 4 5. Total Lots: 24 6. Gross Density: 5.10 units per acre (net density is 6.66 d.u./acre) 8. Minimum House Size: 1,400 square feet g. Landscaping Width of street buffer(s): Per UDC (Table 11-2A-4) a twenty-five foot wide landscape buffer is required adjacent to arterial streets. S. Linder Road is a classified arterial roadway. The applicant is seeking alternative compliance (UDC 11 -3B -7C -lc) to the UDC. The existing home (Lot 2 Block 2) encroaches into the required buffer by ten feet. The landscape buffer along the property boundary of the home shall remain a twenty-five foot wide section until within five feet of the existing home, wherein it will angle and be reduced to ten feet to accommodate the home. The applicant is Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 4 CITY OF MERIDIAN PLANOb DEPARTMENT STAFF REPORT FOR THE MING DATE OF JULY 25, 2006 providing an additional seventy feet buffer/common lot on the north side of the site entrance as compensation. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 7.32% (0.29 acres) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -M). h. Amenities: Common open space. 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. The applicant proposes fifteen of the residential lots have front accessed garages. The existing remaining home will have garage access from a side accessed drive, and Lots 10-13, Block 1 will share a common -driveway. All four shared driveways must meet Fire Department requirements for turning radius of 28 feet inside and 48 feet outside or be straight. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Street setback to Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Side 4 4 Rear 12 12 Street frontage — With garage facing street 50 50 With shared driveway 40 40 Lot Size —SF detached With garage facing street 5,000 5,000 With shared driveway 5,000 4,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The two existing homes each have separate driveways that access S. Linder Road. The existing home to remain, near the southeast boundary, currently takes access to S. Linder Road. The applicant is proposing to remove these existing driveways and provide access to the remaining residence within the development via an internal public street. For this development, the applicant is proposing to construct one new public street access to S. Linder Road (Bayeux Street). The internal street has 36 -feet wide street sections (measured back of curb to back of curb) and contains 5 -foot wide attached sidewalks. The applicant is proposing to have Bayeux Street stub to the undeveloped property to the south, with a Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 5 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE IING DATE OF JULY 25, 2006 combined "temporary" turnaround. Staff finds the "temporary" turnaround to be awkward and a poor use of space. The turning radius created in the common driveway for the northwest lots is also a concern. Staff believes the applicant should redesign the turnaround as a modified hammerhead, or "snoopy", and the common driveways to meet the Fire Department requirement of 28' inside /48'outside radius. 7. COMMENTS MEETING On June 16, 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 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" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 20 single-family lots on 3.92 acres for a gross density of 5.10 dwelling units/acre. The proposed density is within the anticipated density for this area. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): 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 Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 6 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE H46G DATE OF JULY 25, 2006 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 generally comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to construct a stub street to the property to the south (Bayeux Street) which staff anticipates will re -develop in the near future. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development, including adjacent to S. Linder Road around the existing, remaining home. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide sidewalks adjacent to the proposed street, which connects to the adjacent property to the south. The applicant has not proposed to construct a micro path to access the western portion of this development to Peregrine Elementary School. Stafffinds that the applicant could provide better connectivity by having pedestrian connections to the east to the school. The applicant should contact Wendell Bigham of the Meridian School District (208-855-4500) as to the viability of a micro path to Peregrine Elementary School. 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 applicant has done a nice job of limiting the number of access points to S. Linder Road, an arterial street, by proposing to remove the existing residential driveways. The new public street connection to S. Linder Road has been reviewed and approved by ACM. City Staff is also Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE I1411ING DATE OF JULY 25, 2006 supportive of the location of Bayeux Street; no additional access points to S. Linder Road should be allowed. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, and west, as well as the school to the east, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing, low-density residential land uses to the north and south. The applicant is proposing to construct a six-foot tall privacy fence around this development. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. Stafffinds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Although the immediate properties surrounding Tapestry Subdivision are zoned R-4 or RUT, there is development to the southeast that is developing similar size parcels. Stafffinds 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 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-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Therefore, the applicant must meet all dimensional Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 8 CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE 4S6G DATE OF JULY 25, 2006 standards. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. There are issues associated with this area regarding access for public services, mainly emergency services on Linder Road, which will be remedied in the near future when Linder Road is improved and the Black Cat Sewer trunk is brought through along the Kennedy Lateral. Currently Linder Road provides the only arterial/collector connection for over 700 homes south of Franklin Road. Either the Linder Road overpass or the extension of West Waltman Street would solve this problem and staff anticipates the road improvements to eventually happen although no timeline has been set but significant work to resolve the issue has begun and an agreement is pending. 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 April 7, 2006 by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat generally complies with the Unified Development Code. Landscaping_ The landscape plan prepared by Jensen Belts, Associates, on Ate, Revised July 5, 2006, labeled Tapestry Subdivision is approved with the following modifications/notes: • Construct a 25 -foot wide street buffer along S. Linder Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7, except as noted below for the alternative compliance. • The existing home (Lot 2 Block 2) encroaches into the required arterial street buffer by ten feet. In accordance with UDC 11 -3B -7C -1c, the applicant has submitted an alternative compliance request. The landscape buffer along the eastern property boundary of the home shall remain a twenty-five foot wide section until within five feet of the existing home, wherein it will angle and be reduced to ten feet to accommodate the home. The applicant shall providing an additional seventy feet buffer width on the north side of the site entrance as compensation to the City granting the alternative compliance request. • 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). Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 9 CITY OF MERIDIAN PLANGb DEPARTMENT STAFF REPORT FOR THE A&JNG DATE OF JULY 25, 2006 Access: Access to this site is currently provided from S. Linder Road. The applicant shall limit the number of access points to S. Linder Road, an arterial street, by removing the existing residential driveways as proposed. No direct lot access to S. Linder Road is approved. Stub Streets: The applicant shall be required to provide a public stub street (Bayeux Street) to the property to the south as proposed. The applicant should also be required to redesign the turnaround as a modified hammerhead, or "snoopy", and the common driveways to meet the Fire Department requirement of 28' inside /48'outside radius. Staff finds these changes would eliminate the poor use of space the current proposed "temporary" turnaround creates and the tightness of the turning radius created in the common driveway. Micro path: Currently there is no micro path proposed to access Peregrine Elementary School to the west of Tapestry Subdivision. Staff recommends that the applicant redesign the plat to provide better pedestrian connectivity, by having a pedestrian connection to the east. The applicant shall contact Wendell Bigham of the Meridian School District (208-855-4500) as to the viability of a micro path to Peregrine Elementary School. Said pedestrian connection shall be constructed if the school district believes it would enhance pedestrian connectivity. Submit a letter from the Meridian School District if they do not want to have a pedestrian path from this development. Existing Residences/Buildings: The site currently contains two, single-family residences. All existing buildings to remain shall be located/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the north, south and east perimeter of the site. The existing chain link fence to the west will remain. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. 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 Tapestry Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or he within the area being subdivided shall be covered. There is a ditch along the south side of this property. The applicant shall provide documentation that the ditch does not lav within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled: otherwise the applicant shall be required to pipe this facility through their property_ Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 10 CITY OF MERIDIAN PLAN*G DEPARTMENT STAFF REPORT FOR THE ALNG DATE OF JULY 25, 2006 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 is recommending continuance of the proposed Tapestry Subdivision (AZ -06-027 and PP -06-026) so that the applicant can redesign the site with the Commission voted to recommend approval of the subiect applications On July 25 2006 the City Council approved the subiect applications. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 40&2006 Revised July 5, 2006) 2. Landscape Plan (dated: April 2006 Revised July 5, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 11 CITY OF MERIDIAN PLANob DEPARTMENT STAFF REPORT FOR THE ALG DATE OF JULY 25, 2006 A. Drawings 1. Preliminary Plat (dated: 4dA64096 Revised July 5, 2006) Exhibit A — Page 1 CITY OF MERIDIAN PLAAW DEPARTMENT STAFF REPORT FOR THE FALG DATE OF JULY 25, 2006 go f�t JI I j � o • � ' �i'u'•.srKfi ii � I f � � i! $ � 4� 9 � � 1 i° ��6 f [l f `v il6li [ �141tt{{{1�ittiii]ititfttt(F(E •• all ¢ T Y SUBMWON PRELEKNARY PIAT civil dynamics Exhibit A — Page 2 CITY OF MERIDIAN PLANob DEPARTMENT STAFF REPORT FOR THE AING DATE OF JULY 25, 2006 Landscape Plan (dated: April 2006 Revised July 5, 2006) Mimi IN Exhibit A - Page 3 P N.00'33*44E. 263.92' W, Ah W"- c,� F1 91 S- 00 '33'08'W. 263.93' S, 0-dw P. -d I sit Hit 5 Z, 3 Exhibit A - Page 3 P N.00'33*44E. 263.92' W, Ah W"- c,� F1 91 S- 00 '33'08'W. 263.93' S, 0-dw P. -d I sit Hit 5 CITY OF MERIDIAN PLANNSb DEPARTMENT STAFF REPORT FOR THE h4bdNG DATE OF JULY 25, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-026) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Civil Dvnamics. dated Revised July 5, 2006 is ae4 approved. The applicant shall revise the plat to comply with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-027) application shall also be considered conditions of the Preliminary Plat (PP - 06 -026) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on X2006 Revised July 5, 2006 labeled Tapestry Subdivision, is approved with the following modifications/notes: • Construct a 25 -foot wide street buffer along S. Linder Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • The existing home (Lot 2 Block 2) encroaches into the required arterial street buffer by ten feet. The applicant's request for alternative compliance is hereby approved (UDC 11 -3B -7C -1c). The applicant shall provide an additional seventy feet buffer width on the north side of the site entrance as a condition of alternative compliance. • 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. 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 The applicant shall contact Wendell Bigham of the Meridian School District (208-8554500) as to the viability of a micro path to Peregrine Elementary School. Said pedestrian connection shall be constructed if the school district believes it would enhance pedestrian connectivitv. Submit a letter from the Meridian School District if they do not want to have a pedestrian path from this development. 1.1.4 All lots within the development shall conform to the dimensional standards of the proposed R-8 zone, including a minimum 5,000 square foot lot size. At least 10 days prior to the City Council hearing, submit 10 full size and one 8 5" x 11" copy of the revised preliminary plat that depicts all changes requested by the Commission. 1.1.5 Staff recommends the applicant redesian the common driveway to meet the Fire Department requirement of 28' inside/48' outside radius. This will help solve the problem of the tight turning radius created in the common driveway for the Fire Department and Sanitary Service Company. Exhibit B - Page 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 1.1.6 The applicant shall be required to provide a public stub street to the property to the south as proposed. The applicant shall redesign the turnaround as a modified hammerhead or "snoopy" This would eliminate the poor use of space the current proposed "temporary" turnaround creates 1.1.7 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.8 The applicant has requested alternative compliance for the existing home on Lot 2 Block 2 that encroaches into the required arterial street buffer by ten feet. The landscape buffer along the property boundary of the home shall remain a twenty-five foot wide section until within five feet of the existing home, wherein it will angle and be reduced to ten feet to accommodate the home The applicant shall provide an additional seventy feet buffer width on the north side of the site entrance as compensation as proposed. 1.1.9 Provide a 6 -foot tall solid fence around the perimeter of the development, as proposed. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. A detailed fencing plan shall be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.10 Maintenance of all common areas shall be the responsibility of the Tapestry Subdivision Home Owners' Association. 1.1.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or he within the area being subdivided shall be covered. The applicant shall provide documentation that the ditch to the south does not lay within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled; otherwise the applicant shall be required to pipe this facility through their property. 1.1.12 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. 1.1.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-026) 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 Exhibit B — Page 2 CITY OF MERIDIAN PLANei DEPARTMENT STAFF REPORT FOR THE E186G DATE OF JULY 25, 2006 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 is being proposed via extension of mains located in Linder Road that flow to the Landing Lift Station. The applicant shall be required to install any upgrades to the lift station that necessary to ensure the lift station can adequately handle the extra sewage being generated by this development. 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 Linder Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Any water meters located in driveways shall be installed using upgraded materials per City of Meridian Standard Specifications. 2.5 Department of Environmental Quality Best Management Practice's require 20 -feet of separation between a building foundation and an infiltration trench. Prior to final plat the applicant shall depict a special setback on the plat that ensures this separation or revise the design of the seepage bed to ensure separation using the standard setbacks. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian Irrigation District system located in Peregrine Elementary to the west of this project. Prior to scheduling of a pre -construction meeting written documentation shall be submitted that proves there is a signed agreement that Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, Exhibit B — Page 3 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures spanning lot lines or not meeting zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 2.10 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. 2.11 The existing house shall be required to connect to city services. The applicant shall be responsible for the payment of assessments and the actual physical hook-up of the house to city services. 2.12 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. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals that intersect, cross or he within the area being subdivided shall be tiled. The preliminary plat shows a ditch along the southern boundary that is being called out as being left open. The applicant shall provide documentation that the ditch does not lay within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled; otherwise the applicant shall be required to pipe this facility through their property. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro -paths, 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. Exhibit B — Page 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE AZING DATE OF JULY 25, 2006 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. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 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. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 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. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Cul-de-sacs require a 96 -foot radius. 3.5 All 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. Exhibit B — Page 5 CITY OF MERIDIAN PLAN& DEPARTMENT STAFF REPORT FOR THE I-OkING DATE OF JULY 25, 2006 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 20 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 58 residents at build out. 3.8 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. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Lots 11 and 12 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.2 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Sanitary Service Company 5.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6. Ada County Highway District Site Specific Conditions oLApproval Dedicate 41 -feet of right-of-way from the centerline of South Linder Road. The applicant will be compensated at Fair Market Value for the additional right-of-way that is dedicated. 2. Construct a sidewalk on South Linder Road not closer than 41 -feet from centerline. Provide -an easement to the public if any portion of a sidewalk is located outside of the public right-of-way. Exhibit B — Page 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE 11416G DATE OF JULY 25, 2006 Construct Bayeux Street as a 36 -foot street section within 50 -feet of right-of-way complete with rolled curb, gutter and 5 -foot concrete sidewalk. 4. Construct a stub street to the south, (Bayeux Street). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a turnaround at the western location of Bayeux Street with a minimum 45 -foot tum radii, curb, gutter and sidewalk. 6. Other than the access specifically approved with this application, direct lot access to South Linder Road is prohibited and should be noted on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions o 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. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is 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 Exhibit B — Page 7 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE ANUNG DATE OF JULY 25, 2006 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7. Central District Health Department 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 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. 7.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 8 CITY OF MERIDIAN PLV* DEPARTMENT STAFF REPORT FOR THE h&ING DATE OF JULY 25, 2006 C. Legal Description M �KS IAND•-1 Colleen Marks, L.S. 7045.6405 UStick Fload • Boise,: Idaho 83704 NO Phone: (208) 378.7703 • Fax: (208) 378-7759 • Email: msrksls@velocltus.net ANNEXATION DESCRIPTION FOR TAPESTRY SUBDIVISION A parcel of land being all of Lots 14 through 17, Van Hees Subdivision, as recorded in Book 12 of Plats at Page 688, records of the Ada County Recorder, Boise, :Idaho, and a portion of the SEI /4 NE1 /4 of Section 14, T. 3N., R.1 W., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the Section Corner common to Sections 11, 12, 13, and 14, T.3N., R.1W., Boise Meridian, Ada County, Idaho; thence S.00°33108"W. 2053.54 feet along the east line of said Section 14 and the centerline of S. Linder Road to a point, said point bears'N.00°33'08"E. 603.85 feet from a point, marking the E1 /4 Corner of said Section 14, said point also being the REAL POINT OF BEGINNING; thence continuing S.00°33'08"W. 263.93 feet along the said east line of Section 14 and the said centerline of S. Linder Road to a point; thence N.89°12131"W. 664.85 feet along the south line of said Lot 17, Van Hees Subdivision to a point marking the SW Corner of said Lot 17, Van Hees Subdivision; thence N.00'33'44"E. 263.92 feet along the west line of said Lots 14 through 17, Van Hees Subdivision to a point marking the NW corner of said Lot 14, Van Hees Subdivision; thence S.89°12'37"E. 664.81 feet along the north line of said Lot 14, Van,Hees Subdivision to the REAL POINT OF BEGINNING, said parcel containing 4.03 !acres, more or less. SUBJECT T0; Any easements or rights of way of record or in use Record of Survey No, 6940 was utilized in the preparation of the above described parcel, and no field survey was done. .......,,M. Exhibit C — Page 1 p,�ov +. B ,r APR 17 7_0 MERIDIAN DEQTC d1' ... nurinnunenuuie�uuW RC11R1fROZ kV4 O0'll 9007./JO/VO CITY OF MERIDIAN PLA1*G DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 25, 2006 N.00.33'44 E. 263.92' Exhibit C — Page 2 I f I I I I m D e C, I .0 0 me o I Exhibit C — Page 2 zi . I N� NI :Y 1I VV I I i I I I I I I art y IW'3WV. 339.97 ----'__ _ -- S.00'33� W. 263.93' (ES. UNDER ROAD Exhibit C — Page 2 CITY OF MERIDIAN PLANOG DEPARTMENT STAFF REPORT FOR THE ANUNG DATE OF JULY 25, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. 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 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. 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 could result in an adverse impact upon the delivery of services by any political subdivision providing services to this site. Linder Road provides the only arterial/collector connection for over 700 homes south of Franklin Road. Based on the ACED Long Range 2030 proposal, Linder Road is anticipated to eventually be a three lane roadway abutting this site. However, Linder Road between Franklin Road and I-84 is not currently included within ACHD's Five Year Work Program or in the currently adopted 20 -year Capital Improvements Plan for roadway improvements. This creates issues for the delivery of emergency services and may also affect other public services. However, the proposed subdivision only consists of twenty residential lots. Council should determine if the subject project will result in an adverse impact in this area. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. Exhibit D — Page 1 CITY OF MERIDIAN PLAN*G DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in general compliance with the adopted Comprehensive (See Comprehensive Plan Policies and Goals, Section 8 and Analysis, Section 10 of the Staff Report). Council supports the proposed plat layout with the conditions listed in Exhibit B 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; 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 that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 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 Council is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 Council is unaware. Exhibit D — Page 2 0 August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 • APPLICANT Raffis Tapestry, LLC ITEM NO. PP 06-026 5-1 REQUEST Findings for Approval — Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 3.92 acres in a proposed R-8 zone for Tapestry Subdivision — 635 and 675 South 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 aBached Findings mfl�llvj-/ Contacted: Date: f V 411� Phone: s o—ffey6— Emailed: + taff Irntials: A)C Materials presented at pu Iic meetings s become pro r1y of the Cffy of Meddiarr. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER •'Y SAUG 07 2006 Meridian irk Office ,W r1F j ;T r � 1 In the Matter of Annexation and Zoning of 3.92 acres from R-1 to R-8 (Medium Density Residential) AND Preliminary Plat approval for 20 single-family residential building lots and 4 common lots on 3.92 acres in a proposed R-8 zone, by Raftis Tapestry, LLC. Case No(s). AZ -06-027 and PP -06-026 For the City Council Hearing Date of. July 25, 2006 (findings on August 15, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 • • 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 25, 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 July 6, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 - — 0 • Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 U By action of the City Council at its regular meeting held on the 2006. VOTED_g� VOTED_ 3?�� VOTED Y?— VOTED COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD F-7 LJ G day of VOTED M4�`�1T d WEERD � O.d � ATTEST: WILLIAM G. BERG, JR., TY LES Copy served upon: ✓ Applicant +� Planning Department ✓' Public Works Department City Attorney By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-027 and PP -06-026 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 STAFF REPORT Hearing Date: 7/25/2006 TO: Mayor and City Council FROM: Jennifer Veatch Associate City Planner Meridian Planning Department 208-884-5533 CAW nF E_�FF SUBJECT: Tapestry Subdivision AZ -06-027 Annexation and Zoning of 3.92 acres from Rl (Ada County) to R-8 (Medium Density Residential). PP -06-026 Preliminary Plat approval of 20 single-family residential building lots and 4 common lots on 3.92 acres in a proposed R-8 zone, by Raftis Tapestry, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Raftis Tapestry, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium Density Residential) for 3.92 acres of property currently zoned Rl in Ada County. The site is located on South Linder Road, between I-84 and W. Franklin Road. The applicant has concurrently applied for Preliminary Plat (PP) approval of 20 single-family residential building lots and 4 common lots on 3.92 acres. Currently, there are two single-family homes on this site. Only one of the existing homes is to remain on a proposed lot. Due to the location of the existing home that is to remain, the applicant is requesting alternative compliance to the 25 -foot landscape buffer which is required along S. Linder Road. The applicant is providing an additional seventy feet buffer width on the north side of the site entrance as compensation. 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, Preliminary Plat and Alternative Compliance applications. Staff is recommending continuance of the proposed Tapestry Subdivision (AZ -06-027 and PP -06-026) so that the applicant can redesign the site with the conditions listed in Exhibit B of the Staff ReportIf the applicant can have revised plans in to the Planning Department by Julyl l then staff can have a revised report ready for the July 20, Commission meeting. Note: The issues of the temporary turnaround common driveway design, and micro path to Peregrine Elementary noted in this Staff Report were raised to the applicant at both the pre -application meeting and prior to the Planning and Zoning Commission hearing The applicant submitted the subiect application without the staff -recommended changes On July 6 2006 the Planning & Zoning Commission voted to recommend approval of the subiect applications The applicant provided revised preliminary and landscape plans on July 6 2006 On July 25 2006 the Cnty Council approved the subiect applications. a. Summary of Public Hearing: i. In favor: Matt Schultz (Applicant's representative) ii. In opposition: John Arizabal iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: C. Caleb Hood, Mike Cole Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 b. Key Issues of Discussion by Commission: i. Density and Comprehensive Plan designation c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Staff Issue(s) for City Council: i. Micro path to Peregrine Elementary School 3, PROPOSED MOTION (to be considered after the public hearing) Continuance I move to continue File Numbers AZ -06-027 and PP -06-026 to the hearing date of July 20'`, 2006, so the changes mentioned in the staff report can be made by the applicant. Approve I move to recommend approve File Numbers AZ -06-027 and PP -06-026 as presented in the staff report for the hearing date of July 25, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ -06-027 and PP -06-026 as presented in staff report for the hearing date of July 25, 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.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 635 & 675 S. Linder Road; South Linder, between I-84 and W. Franklin Rd./ 3N1 W 14 b. Owner(s): Casey Emmons, 635 S. Linder Rd. Meridian, ID 83642 and Mel Lacy 675 S. Linder Rd. Meridian, ID 83642 c. Applicant: Raftis Tapestry, LLC 1488 E. Blue Tick St. Meridian, ID 83642 d. Representative: Mathew Schultz, RMR Consulting, Inc. e. Present Zoning: Rl (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 3.92 acres to R-8 and Preliminary Plat approval of 20 single-family buildable lots and 4 common lots. All of the homes within the development are Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 2 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 proposed to be single-family detached The average lot size in the proposed development is 5,960 square feet. The gross density of the project is 5.1 dwelling units per acre. About .29 acres of the site is being set aside for open space. In addition, the applicant is requesting an alternative compliance to the twenty-five feet of street buffer required on an arterial road. An existing home to remain on the south side of the site entrance encroaches into the required buffer. The applicant is providing an additional seventy feet buffer width on the north side of the site entrance as compensation. 1. Date of preliminary plat (attached in Exhibit A): 46A6 Revised 7/6/06 2. Date of landscape plan (attached in Exhibit A): 4A96 Revised 7/6/06 h. Applicant's Statement/Justification: The applicant, Raftis Tapestry LLC, feels they have considered all aspects of the Comprehensive Plan, UDC, site location, neighbors, and housing market in Meridian to develop a quality residential development. (Please see Applicant's Submittal Letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: June 19th and July 3`d, 2006 (for P & Z Commission hearing) and July 10t` and July 170', 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: June 9th, 2006 (for P & Z Commission hearing) and July 7th, 2006 (for City Council hearing). e. Applicant posted notice on site by: June 21st, 2006 (for P & Z Commission hearing) and July 15th, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There are two, single-family homes on this site. Only one of the existing homes is to remain. b. Description of Character of Surrounding Area: This general area contains several one - acre parcels in Ada County, and single-family residential subdivisions with an R4 designation in the City of Meridian. There is a school site immediately west of the site. This area is transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Whitestone Estates Subdivision and Van Hees Subdivision, zoned R-4 2. East: Single-family home on large parcel, zoned RUT (Ada County); Single- family home on large parcel, zoned R-4 3. South: Single-family in Ada County; Single-family homes on large parcels (Van Hees Subdivision), zoned RUT (Ada County) 4. West: Peregrine Elementary School, zoned R-4 Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 3 CITY OF MERIDIAN PLANI0 DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 d. History of Previous Actions: Applications for Annexation, Preliminary Plat and Conditional Use for Banff Subdivision (675 S. Linder Road) were denied by City Council January 3, 2006. Key issues of discussion were the high density of the site in relation to surrounding properties, access to S. Linder Road and lack of access to the parcel to the north, problems for emergency services access to site, and future problems for annexation and redevelopment of adjacent properties e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in Linder Road. Location of water: There is currently water in Linder Road. Issues or concerns: The sewer mains in Linder Road flow to the Landing Lift Station, which may need upgrades to handle the extra sewage being generated by this development. Ownership and location of the ditch along the southern boundary of this development. 2. Canals/Ditches Irrigation: The plat shows an irrigation ditch being piped along the eastern boundary, and an unnamed ditch is being shown as being left open along the southern boundary. All open irrigation ditches, laterals and canals, should be tiled when this property develops. The applicant shall provide documentation that the ditch does not lay within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled; otherwise the applicant shall be required to pipe this facility through their property. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-8 (Medium Low -Density Residential) 5. Size of Property: 3.92 acres f. Subdivision Plat Information: 1. Residential Lots: 20 2. Non-residential Lots: 4 3. Total Building Lots: 20 4. Common Lots: 4 5. Total Lots: 24 6. Gross Density: 5.10 units per acre (net density is 6.66 d.u./acre) 8. Minimum House Size: 1,400 square feet g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a twenty-five foot wide landscape buffer is required adjacent to arterial streets. S. Linder Road is a classified arterial roadway. The applicant is seeking alternative compliance (UDC 11 -3B -7C -1c) to the UDC. The existing home (Lot 2 Block 2) encroaches into the required buffer by ten feet. The landscape buffer along the property boundary of the home shall remain a twenty-five foot wide section until within five feet of the existing home, wherein it will angle and be reduced to ten feet to accommodate the home. The applicant is Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 25, 2006 providing an additional seventy feet buffer/common lot on the north side of the site entrance as compensation. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 7.32% (0.29 acres) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Amenities: Common open space. 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. The applicant proposes fifteen of the residential lots have front accessed garages. The existing remaining home will have garage access from a side accessed drive, and Lots 10-13, Block 1 will share a common -driveway. All four shared driveways must meet Fire Department requirements for turning radius of 28 feet inside and 48 feet outside or be straight. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Street setback to Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Side 4 4 Rear 12 12 Street frontage — With garage facing street 50 50 With shared driveway 40 40 Lot Size —SF detached With garage facing street 5,000 5,000 With shared driveway 5,000 4,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The two existing homes each have separate driveways that access S. Linder Road. The existing home to remain, near the southeast boundary, currently takes access to S. Linder Road. The applicant is proposing to remove these existing driveways and provide access to the remaining residence within the development via an internal public street. For this development, the applicant is proposing to construct one new public street access to S. Linder Road (Bayeux Street). The internal street has 36 -feet wide street sections (measured back of curb to back of curb) and contains 5 -foot wide attached sidewalks. The applicant is proposing to have Bayeux Street stub to the undeveloped property to the south, with a Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 5 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE FIWG DATE OF JULY 25, 2006 combined "temporary" turnaround. Staff finds the "temporary" turnaround to be awkward and a poor use of space. The turning radius created in the common driveway for the northwest lots is also a concern. Staff believes the applicant should redesign the turnaround as a modified hammerhead, or "snoopy", and the common driveways to meet the Fire Department requirement of 28' inside /48'outside radius. 7. COMMENTS MEETING On June 16, 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 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" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 20 single-family lots on 3.92 acres for a gross density of 5.10 dwelling units/acre. The proposed density is within the anticipated density for this area. 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 (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 6 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 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 generally comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminaryplat proposes to construct a stub street to the property to the south (Bayeux Street) which staff anticipates will re -develop in the near future. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development, including adjacent to S. Linder Road around the existing, remaining home. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide sidewalks adjacent to the proposed street, which connects to the adjacent property to the south. The applicant has not proposed to construct a micro path to access the western portion of this development to Peregrine Elementary School. Stafffznds that the applicant could provide better connectivity by having pedestrian connections to the east to the school. The applicant should contact Wendell Bigham of the Meridian School District (208-855-4500) as to the viability of a micro path to Peregrine Elementary School. 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 applicant has done a nice job of limiting the number of access points to S. Linder Road, an arterial street, by proposing to remove the existing residential driveways. The new public street connection to S. Linder Road has been reviewed and approved by ACIID. City Staff is also Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 7 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 supportive of the location of Bayeux Street; no additional access points to S. Linder Road should be allowed. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, and west, as well as the school to the east, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing, low-density residential land uses to the north and south. The applicant is proposing to construct a six-foot tall privacy fence around this development. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. Staff finds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. the subject application includes a request for the R-8 zone. Although the immediate properties surrounding Tapestry Subdivision are zoned R-4 or RUT, there is development to the southeast that is developing similar size parcels. Staff finds that the requested zoning designation contributes to the variety oJ'residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 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-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Therefore, the applicant must meet all dimensional Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 8 CITY OF MERIDIAN PLANK* DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 standards. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. There are issues associated with this area regarding access for public services, mainly emergency services on Linder Road, which will be remedied in the near future when Linder Road is improved and the Black Cat Sewer trunk is brought through along the Kennedy Lateral. Currently Linder Road provides the only arterial/collector connection for over 700 homes south of Franklin Road. Either the Linder Road overpass or the extension of West Waltman Street would solve this problem and staff anticipates the road improvements to eventually happen although no timeline has been set but significant work to resolve the issue has begun and an agreement is pending. 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 April 7, 2006 by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat generally complies with the Unified Development Code. Landscaping: The landscape plan prepared by Jensen Belts, Associates, on A012006 Revised July 5, 2006, labeled Tapestry Subdivision is approved with the following modifications/notes: • Construct a 25 -foot wide street buffer along S. Linder Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7, except as noted below for the alternative compliance. • The existing home (Lot 2 Block 2) encroaches into the required arterial street buffer by ten feet. In accordance with UDC 11 -3B -7C -1c, the applicant has submitted an alternative compliance request. The landscape buffer along the eastern property boundary of the home shall remain a twenty-five foot wide section until within five feet of the existing home, wherein it will angle and be reduced to ten feet to accommodate the home. The applicant shall providing an additional seventy feet buffer width on the north side of the site entrance as compensation to the City granting the alternative compliance request. • 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 11-313-10, 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). Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 9 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 Access: Access to this site is currently provided from S. Linder Road. The applicant shall limit the number of access points to S. Linder Road, an arterial street, by removing the existing residential driveways as proposed. No direct lot access to S. Linder Road is approved. Stub Streets: The applicant shall be required to provide a public stub street (Bayeux Street) to the property to the south as proposed. The applicant should also be required to redesign the turnaround as a modified hammerhead, or "snoopy", and the common driveways to meet the Fire Department requirement of 28' inside /48'outside radius. Staff finds these changes would eliminate the poor use of space the current proposed "temporary" turnaround creates and the tightness of the turning radius created in the common driveway. Micro path. Currently there is no micro path proposed to access Peregrine Elementary School to the west of Tapestry Subdivision. Staff recommends that the applicant redesign the plat to provide better pedestrian connectivity, by having a pedestrian connection to the east. The applicant shall contact Wendell Bigham of the Meridian School District (208-8554500) as to the viability of a micro path to Peregrine Elementary School. Said pedestrian connection shall be constructed if the school district believes it would enhance pedestrian connectivity. Submit a letter from the Meridian School District if they do not want to have a pedestrian path from this development. Existing Residences/Buildings: The site currently contains two, single-family residences. All existing buildings to remain shall be located/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the north, south and east perimeter of the site. The existing chain link fence to the west will remain. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. 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 Tapestry Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. There is a ditch along the south side of this property. The applicant shall provide documentation that the ditch does not lav within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled: otherwise the applicant shall be required to pipe this facility through their property. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 10 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HWG DATE OF JULY 25, 2006 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 is recommending continuance of the prowsed Tavestry Subdivision (AZ -06-027 and PP -06-026) so that the applicant can redesign the site with the Commission voted to recommend approval of the subiect applications On July 25 2006 the City Council approved the subiect applications. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 40&2006 Revised July 5, 2006) 2. Landscape Plan (dated: April -2006 Revised July 5, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Tapestry Subdivision AZ-06-027/PP-06-026 PAGE 11 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 A. Drawings 1. Preliminary Plat (dated: 4A6,9906 Revised July 5, 2006) Exhibit A — Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 :I g all �. I III. i I :'tl�i6tir �i�i* e•t 1 i�1aj ge►iirRe i i 1{i i t'f yrs ;E �� l ` E T Y SUBMVISION PRELUM ARY PLAT '""- 'ms .. civil dynamics 1 Exhibit A — Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE ADLING DATE OF JULY 25, 2006 Landscape Plan (dated: April 2$06 Revised July 5, 2006) Mimi IN m i� Exhibit A — Page 3 Yf� >ER{Gvin{ (_luE0.'a0.+5[nt 0. 7'33'68 . 263.93' — — _ "; S. Linder Road l.Op )lE1iv. Mft.l9 _ n e€ O 3 i, 111 O(Zp z yy 33 1 m :,gga3 33 8p$ t9 (ftitt>ev <F 3 aa¢m v4Ky So F mamm mP a n e€ O 3 i, 111 yy 33 1 :,gga3 t9 CITY OF MERIDIAN PLAN*- DEPARTMENT STAFF REPORT FOR THE HYING DATE OF JULY 25, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-026) 1.1.1 The preliminary plat labeled as Sheet 1 of 1 prepared by Civil Dynamics dated April 6. 2 Revised July 5, 2006 is net approved. The applicant shall revise the plat to comply with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-027) application shall also be considered conditions of the Preliminary Plat (PP - 06 -026) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on Apfil, 2006 Revised July 5, 2006 labeled Tapestry Subdivision, is approved with the following modifications/notes: • Construct a 25 -foot wide street buffer along S. Linder Road, exclusive of ACHD right-of-way. Said buffer should be constructed in accordance with UDC 11-3B-7. • The existing home (Lot 2 Block 2) encroaches into the required arterial street buffer by ten feet. The applicant's request for alternative compliance is hereby approved (UDC 11 -3B -7C -1c). The applicant shall provide an additional seventy feet buffer width on the north side of the site entrance as a condition of alternative compliance. • 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. 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 The applicant shall contact Wendell Bigham of the Meridian School District (208-855-4500) as to the viability of a micro path to Peregrine Elementary School. Said pedestrian connection shall be constructed if the school district believes it would enhance pedestrian connectivity. Submit a letter from the Meridian School District if they do not want to have a pedestrian path from this development. 1.1.4 All lots within the development shall conform to the dimensional standards of the proposed R-8 zone, including a minimum 5,000 square foot lot size. At least 10 days prior to the City Council hearing, submit 10 full size and one 8.5" x 11" copy of the revised pre -minaplat that depicts all changes requested by the Commission. 1.1.5 _Staff recommends the applicant redesign the common driveway to meet the Fire Department requirement of 28' inside/48' outside radius This will help solve the problem of the tight turning radius created in the common driveway for the Fire Department and Sanitary Service Company. Exhibit B — Page 1 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE MING DATE OF JULY 25, 2006 1.1.6 The applicant shall be required to provide a public stub street to the property to the south as proposed. The applicant shall redesign the turnaround as a modified hammerhead or "snoop This would eliminate the Door use of space the current proposed "temporary" turnaround creates 1.1.7 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.8 The applicant has requested alternative compliance for the existing home on Lot 2 Block 2 that encroaches into the required arterial street buffer by ten feet. The landscape buffer along the property boundary of the home shall remain a twenty-five foot wide section until within five feet of the existing home, wherein it will angle and be reduced to ten feet to accommodate the home The applicant shall provide an additional seventy feet buffer width on the north side of the site entrance as compensation as proposed. 1.1.9 Provide a 6 -foot tall solid fence around the perimeter of the development, as proposed. The applicant should taper the fence to three feet on either side of Bayeux Street at the entrance to the subdivision. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.10 Maintenance of all common areas shall be the responsibility of the Tapestry Subdivision Home Owners' Association. 1.1.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. The applicant shall provide documentation that the ditch to the south does not lav within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled,• otherwise the applicant shall be required to pipe this facility through their property. 1.1.12 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. 1.1.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-026) 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 Exhibit B — Page 2 CITY OF MERIDIAN PLA1OG DEPARTMENT STAFF REPORT FOR THE 116G DATE OF JULY 25, 2006 such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 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 is being proposed via extension of mains located in Linder Road that flow to the Landing Lift Station. The applicant shall be required to install any upgrades to the lift station that necessary to ensure the lift station can adequately handle the extra sewage being generated by this development. 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 Linder Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Any water meters located in driveways shall be installed using upgraded materials per City of Meridian Standard Specifications. 2.5 Department of Environmental Quality Best Management Practice's require 20 -feet of separation between a building foundation and an infiltration trench. Prior to final plat the applicant shall depict a special setback on the plat that ensures this separation or revise the design of the seepage bed to ensure separation using the standard setbacks. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian Irrigation District system located in Peregrine Elementary to the west of this project. Prior to scheduling of a pre -construction meeting written documentation shall be submitted that proves there is a signed agreement that Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, Exhibit B — Page 3 CITY OF MERIDIAN PLANeb DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures spanning lot lines or not meeting zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 2.10 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. 2.11 The existing house shall be required to connect to city services. The applicant shall be responsible for the payment of assessments and the actual physical hook-up of the house to city services. 2.12 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. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals that intersect, cross or he within the area being subdivided shall be tiled. The preliminary plat shows a ditch along the southern boundary that is being called out as being left open. The applicant shall provide documentation that the ditch does not lay within this property or submit a signed letter from the owner of the ditch that they do now wish it to be tiled; otherwise the applicant shall be required to pipe this facility through their property. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be tiled. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro -paths, 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. Exhibit B - Page 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 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. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 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. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 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. 3.2 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 41/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Cul-de-sacs require a 96 -foot radius. 3.5 All 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. Exhibit B — Page 5 CITY OF MERIDIAN PLA4G DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 20 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 58 residents at build out. 3.8 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. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Lots 11 and 12 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.2 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Sanitary Service Company 5.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6. Ada County Highway District Site Specific Conditions oLAvvroval Dedicate 41 -feet of right-of-way from the centerline of South Linder Road. The applicant will be compensated at Fair Market Value for the additional right-of-way that is dedicated. 2. Construct a sidewalk on South Linder Road not closer than 41 -feet from centerline. Provide an easement to the public if any portion of a sidewalk is located outside of the public right-of-way. Exhibit B — Page 6 CITY OF MERIDIAN PLAN*i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 3. Construct Bayeux Street as a 36 -foot street section within 50 -feet of right-of-way complete with rolled curb, gutter and 5 -foot concrete sidewalk. 4. Construct a stub street to the south, (Bayeux Street). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a turnaround at the western location of Bayeux Street with a minimum 45 -foot turn radii, curb, gutter and sidewalk. Other than the access specifically approved with this application, direct lot access to South Linder Road is prohibited and should be noted on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions oLApproval 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. 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. 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 is 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 Exhibit B — Page 7 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7. Central District Health Department 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 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. 7.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 8 CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE AS6G DATE OF JULY 25, 2006 C. Legal Description MARKS LAND• Colleen Marks, L.S. 7045 • 6408 Ustick Road Boise,: Idaho 83704 NG1C� phone: (208) 378.7703 • Fax: (208) 378-7759 • Email: marksls@velocltus.net ANNEXATION DESCRIPTION FOR TAPESTRY SUBDIVISION A parcel of land being all of Lots 14 through 17, Van Hees Subdivision, as recorded in Book 12 of Plats at Page 688, records of the Ada County Recorder, Boise, :Idaho, and a portion of the SEI /4 NE1 /4 of Section 14, T. 3N., R.1 W., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the Section Corner common to Sections 11, 12, 13, and 14, T.3N., RAW., Boise Meridian, Ada County, Idaho; thence 5.00°33'08"W. 2053.54 feet along the east line of said Section 14 and the centerline of 5. Linder Road to a pointy said point bears 'N.00"33'08"E. 603.85 feet from a point: marking the E1 /4 Corner of said Section 14, said point also being the REAL POINT OF BEGINNING; thence continuing S.00°33'08"W. 263.93 feet along the said east line of Section 14 and the said centerline of S. Linder Road to a point; thence N.89.12'31 "W. 664.85 feet along the south line of said Lot 17, Van Hees Subdivision to a point marking the SW Comer of said Lot 17, Van Hees Subdivision; thence N.00"33'44"E. 263.92 feet along the west line of said Lots 14 through 17, Van Hees Subdivision to a point marking the NW corner of said Lot 14, Van Hees Subdivision; thence S.89°12'37"E. 664.81 feet along the north line of said Lot 14, Van Hees Subdivision to the REAL POINT OF BEGINNING, said parcel containing 4.03 acres, more or less. SUBJECT TO: Any easements or rights of way of record or in use Record of Survey No. 6940 was utilized in the preparation of the above described Parcel, and no field survey was done. *=M-- APR 17 2005 MERIDIAN PUSL to DEPT. -".,..ra 0ur.3nwnvnuwigvwvw RC))A)RRn7. XYa 00 -LL R007./10/tr0 Exhibit C — Page 1 CITY OF MERIDIAN PLANW DEPARTMENT STAFF REPORT FOR THE FALG DATE OF JULY 25, 2006 Exhibit C - Page 2 N.00' 33'44"E. 263.92' 1 + 1 + 1 � 03 1 1 i 1 1 � 1 pAp cc + f A cAz !"err q D i 1 ��N 5 ri bt � zy® pQO2 I c m$ mQ l IN G_I N+ N I , �17CZ l 3!W >��7pCppp v 1 $A G1 <� a v+ i 1 .1: 1f o�zT ZO + x w 1 1 1 31 r�r jf 8093 a 1 I + 1 , Oi S.OD•330£W.339.9T --- — 5.00'33W'W. 263.9) — CES. UNDER ~ r�orme ROAD i Exhibit C - Page 2 CITY OF MERIDIAN PLAAG DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 25, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. 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 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. 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 could result in an adverse impact upon the delivery of services by any political subdivision providing services to this site. Linder Road provides the only arterial/collector connection for over 700 homes south of Franklin Road. Based on the ACHD Long Range 2030 proposal, Linder Road is anticipated to eventually be a three lane roadway abutting this site. However, Linder Road between Franklin Road and I-84 is not currently included within ACHD's Five Year Work Program or in the currently adopted 20 -year Capital Improvements Plan for roadway improvements. This creates issues for the delivery of emergency services and may also affect other public services. However, the proposed subdivision only consists of twenty residential lots. Council should determine if the subject project will result in an adverse impact in this area. 5. The annexation is in the best of interest of the City (UDC 11-513-3.E). The R-8 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 Rinds. 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 would be in the best interest of the City. Exhibit D — Page 1 CITY OF MERIDIAN PLATOG DEPARTMENT STAFF REPORT FOR THE SING DATE OF JULY 25, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in general compliance with the adopted Comprehensive (See Comprehensive Plan Policies and Goals, Section 8 and Analysis, Section 10 of the Staff Report). Council supports the proposed plat layout with the conditions listed in Exhibit B 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; 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 that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 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 Council is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 Council is unaware. Exhibit D — Page 2 9 August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. S -J REQUEST Agreement for Professional Services with BIDS Billing Document Specialists for Billing Processing Services for Meridian Utility Billing AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shay become properly of the City of Meddan. .1, AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this day of 490-70 L e- - , 2006 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (by and through its Utility Billing Office), hereinafter referred to as "CITY", and Valli Information Systems, Inc doing business as Billing Document Specialists, hereinafter referred to as "BDS", 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. PREMISES: 1. Whereas, the City of Meridian provides utility billing services for water, sewer, and garbage services; and, 2. Whereas, the City desires to facilitate the provision of those services by utilizing the professional services of BDS; and, 3• Whereas, the City and BDS have agreed upon the terms and conditions under which BDS will provide timely and accurate billing processing services at a fair and reasonable price. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: BDS shall perform all services, and comply in all respects, as specified in the document titled "Utility Billing Lockbox Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement s all become effective upon execution by both parties, and shall expire on S'e 2 0 , 2007 unless earlier terminated or extended. 3. Indemnification and Insurance: a. Indemnification. BDS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury 1 to persons or property and losses and expenses caused or incurred by BDS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. b. Insurance. BDS shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits- of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, BDS covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, BDS shall maintain Workers Compensation Insurance, in the statutory limits as required by law. C. Certificate of Insurance. BDS shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BDS's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, BDS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho, Boise, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent of BDS will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: For performing the services specified herein, CITY agrees to pay BDS as described in Exhibit "A." 6. Method of Payment: BDS will invoice the City of Meridian Accounting Department at 33 East Idaho, Meridian, ID 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 2 AOL 'Bos -.Now NIL LNY6000!INENT SPECIALISTS 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 BILLING DOCUMENT SPECIALISTS 915 Main Street, Suite 300 Caldwell, Idaho 83605 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the parry so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that BDS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 3 11. Discrimination Prohibited: In performing the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 13. Audits and Inspections. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of BDS's records with respect to all matters covered by this Agreement. BDS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws. In performing the scope of services required hereunder, BDS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes. The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of BDS's compensation, which are mutually agreed upon by and between the CITY and BDS, shall be incorporated in written amendments to this Agreement. 17. Termination. If, through any cause, BDS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, ■ engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the City shall thereupon have the right to terminate this Agreement by giving written notice to BDS of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. BDS may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by BDS under this Agreement shall, at the option of the CITY, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, BDS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BDS, and the City may withhold any payments to BDS for the purposes of set-off until such time as the exact amount of damages due the CITY from BDS is determined. This provision shall survive the termination of this agreement and shall not relieve BDS of its liability to the CITY for damages. 18. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required. This Agreement shall not become effective or binding until approved by the City of Meridian. VALLI INFORMATION SYSTEMS, INC dba BILLING DOCUMENT SPECIALISTS ROBE T O. JE S, PRESIDENT CITY OF MERIDIAN a4� BYE de , MAYOR � ` Attest: V", BEAL WILLIAM G. BERG, ITY CM t 0 O 0 Utility Billing, Lockbox Scope of Services Exhibit A 1. Summary of Services 0 A. BDS shall provide lockbox mail collection services, including timely deposits and efficient processing of remittances for the City's utility payments. B. BDS shall provide daily electronic transfer, including: a. Transmit a data file transfer to City by 5 pm on each banking day. b. Return all payments and stubs relating to exceptions to the City. C. Payments shall be transferred by electronic file. C. BDS shall collect incoming mail from the Post Office Box in Caldwell specified by City the morning of each banking day. D. BDS shall open envelopes, remove and inspect the enclosures, match check amounts to invoices, batch and process payment with exceptions batched and processed separately. Exceptions shall be scanned and sent back to City and all money shall be deposited to bank in separate deposit. E. BDS shall scan all processed checks and payment coupons, scan all documents, and house them on vendor server. The City of Meridian shall have access to scanned documents via a secure web site and access to deposit slips and the remit report via e-mail by 5 p.m. on the same business day as the pickup of payments. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence etc shall be forwarded to the City by noon of the day following the transmission of the reports. F. BDS shall deposit all receipts daily by 5pm on the same banking day as received, to the bank account specified by the City. If the specified bank has ACH capability, BDS will work with them to transmit deposits electronically. 2. System Specifications for Electronic Transfers A. Capability to transmit data files to City in fixed record length ASCII text format. Transmission deadline shall be no later than 5 pm for the same day's transactions. The City is responsible for notifying BDS if the file is not received. Utility Billing Lockbox Scope of Services - Page 1 of 4 B. Notify Utility Billing per e-mail by 5 p.m. when files are transmitted and ready for processing by the City. C. Entire transmission process shall take no longer than 1 hour each, per day, including notifications to City. D. There shall be no differentiation between handling of delinquent accounts and regular payments. E. The following are the data requirements for the lockbox vendor for each payment received: a. Utility Billing Account Number b. Dollar amount remitted for this account number C. Date input d. Bill to name e. Identification of any name or address changes f. Dollar amount of invoice F. Batch identification. Clearly label each bundle of source documents whether payments or exceptions to identify: a. Unique ID number b. Total dollar amount of each batch C. Total number of items in each batch G. Daily Reports. A daily printed or electronic report showing the following items: a. Utility Billing account number b. Bill to name C. Dollar amount remitted to the corresponding account number d. Batch totals together with batch ID e. Grand total of all accounts remitted balanced to the total of all related invoices f. Any customer notations or comments on the return stub to be returned to the City. H. BDS shall provide proof of redundancy in equipment and personnel and contingency plans to provide uninterrupted service. I. Mail Processing. Mail shall be retrieved Monday through Friday at 8 am. Saturday mail to be retrieved at Monday pick-up. Holiday mail to be handled on the next business day. Utility Billing Lockbox Scope of Services - Page 2 of 4 0 9 J. Staffing. Adequate staff shall be on hand and cross trained to accommodate varying workload for lock box service. Within the 3 divisions that make up Valli Information Systems, Inc., dba BDS there shall be significant number of personnel maintained with experience in bookkeeping and/or accounting. All of these personnel shall be cross - trained in the correct procedures for working with the City of Meridian lockbox project. Necessary staff shall be configured on a daily basis depending upon the volume of mail/receipts received. A 3 -person processing team shall always be involved, as well as a supervisor. This shall provide the necessary personnel to maintain appropriate security at all times. K. Currency and coin control. In the event that cash is received, it shall be posted in a log when the envelope is opened; with a secondary initial signifying that cash amount noted is correct. A copy of the log shall be mailed electronically to City of Meridian along with the deposit slip copies: --in the afternoon. 3. Payment Processing A. Three positions shall be employed by BDS to assure dual control. Position I shall open envelopes and run tapes on checks in multiples of 95- 100. Position II shall be responsible for scanning and posting checks to appropriate customer accounts, assuring that totals on tapes match batch totals. Position III shall prepare deposit slips, assuring balance to tapes and daily batch reports, take deposits to bank, scan bank receipt to be sent with data transfer, and send reports to the City of Meridian. B. The main 3 positions shall be as noted above. If an exception item is found in an existing batch (example: an online payment with an incorrect account number), the item shall be noted on the tape with an `B" and the total on the tape corrected. The documents shall also require initials of the person that pulled the item as an exception item and their supervisor. This will provide a documentation trail and shall preserve the integrity of dual control. Daily balance reports shall be e-mailed prior to 5pm to confirm deposit amounts. Deposit slips and bank receipts shall be scanned and e- mailed prior to 5pm. C. Out of balance conditions shall be researched and corrected daily. D. Exception items shall be scanned and deposited as separate batch from routine receipts. Appropriate measures shall be taken to assure that they cannot be posted as normal payment/receipt. Utility Billing Lockbox Scope of Services - Page 3 of 4 0 0 E. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence or other related documents shall be forwarded to the City by noon of the day following the transmission of the reports as desired. 4. Disaster Recovery In the case of an automated equipment or system failure the attached Disaster Contingency Recovery Plan shall be applicable. 5. Quality List and describe internal quality standards including: A. Scanner shall endorse backs of checks with bank name and account number of the City of Meridian. B. All data to be transmitted to City of Meridian prior to 5pm daily C. Checl copies and deposit slips will be filed for viewing on secure web site, no transmission is necessary. E-mails of daily reports shall have confirmation receipt requested to assure receipt by City of Meridian. Any information sent by e-mail shall also be sent with a system -generated delivery receipt. D. Scan quality of all documents will be clear and legible. E. BDS shall investigate errors internally to see what the cause may have been, check processes and documentation and conduct training if needed to prevent future errors. 6. Charges. A. OCR Scan Transaction Fee $0.14 Web Access per statement $0.01 Image CD-ROM (optional) $25.00 PO Box Fees (semi-annually) $65.00 Courier Fees TBD Miscellaneous Copies $.20 B. Lock Box Rental Charge. #4 Post Office box (dimensions IOw x l I x 14d) at a cost of $65 semi-annually. If day's mail should exceed capacity of box, excess shall be put in tub and held for pick up per notice in PO Box. Utility Billing Lockbox Scope of Services - Page 4 of 4 i Bos BILLINE 090NfNT SPECIAL /STS BILLING DOCUMENT SPECIALISTS CUSTOMER SERVICE AGREEMENT With City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and City of Meridian. hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE SERVICE E Payments: BDS to provide a link from the Clients web site to a credit or debit card payment site. The Client is to set up the merchant account and notify their customers that the site is available. BDS will assume no fees or charges for the Merchant Account. BDS will provide a link on the Client's Web site where the user can signup, matching account number, and name to the Client's data base. The user must have a valid email address for confirmation of password or to replace lost passwords. The user ID will be the account number with personal passwords to assure payments are credited to the correct account. The web site will be updated upon receipt of the City's statement files. The current & past due amounts will show separately on the payment screen when the user opens the account. Once a payment has been processed the data base will update the information on the user's screen. When a new statement file is received by the City the data base will update to the current statement information. The city will have access to the site during the day to review payments submitted that are not necessarily confirmed. To confirm payment acceptance the City will need to access the merchant account site that processes the payments. BDS will make every effort to design the site to reduce double posting from the user submitting a payment more than once. Any double payments will be handled by the Client through their merchant account. The City can access a report file of all transactions that will be in a format that will update their receivables at any time. This data base will then be automatically archived and a new report file will be created. The City can review the archived data at any time. - E Statements: Using the same sign up link there will be a choice for the users to have their City billings sent via email. When the statements are processed the user will receive an email that their statements are available to view, The email will contain a link that will take them to their a statement which will offer a printable reproduction of the mailed out format. Once they have made the selection BDS will flag those account numbers and when the City submits a new file BDS will tag those so that hard copy statements will not be produced or mailed. This will reduce the City's costs per unit sent via email as they will only be invoiced the unit listed below. TERMS and CONDITIONS The Tech Support group will be available to provide technical assistance to you through the toll free customer service center from 8:OOam to 5:OOpm (mountain time), Monday through Friday on all business days. The Billing Document Specialists service will create the initial web design and setup for a one time charge of $3000.00. The client will be involved in the custom design and BDS will make every effort to match all reasonable requests. The user set up and maintenance of the web site and transaction at a monthly charge of $75.00. E Statements will be processed at a unit price of $.25. The term of this agreement shall be for a period of 6 months from the date of final acceptance of the web design by the city. At the end of this period the agreement may be renewed with review by both parties. The agreement may be terminated by either party with 120 days written notice. The signatures below indicate acceptance of the agreement. Acceptance for:Acceptance for: City of Meridian = Billing Document Specialists Please Type or Print Authorizing AWVJ"-C j Slc -oee tett�aaa�aj9�°� e(e ,ove.c`-eG Billing Document Specialists CUSTOMER SERVICE AGREEMENT THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and • Facility Name: City of Meridian • Facility Address: 33 East Idaho Street • Facility City,State & Zip: Meridian, ID 83642 • Facility Phone Number. 208-888-4438 • Facility Fax Number. 208-887-4813 • Facility Primary Contact Person: JayCee Holman hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE OUTLINE Your facility goes through the normal patient statement process but instead of directing the patient statement to the local system printer, a text or data file is created and submitted by modem to the Billing Document Specialists Bulletin Board. This bulletin board can be accessed through a toll free phone # or transferred through the Internet. A unique password and account name used by you identifies the facility, your format of choice, and other client -specific details. You can process and submit as many documents as you like and as frequently as you like. When BDS receives the statement file (text or data) the statement is produced and mailed within 24 hrs. Billing Document Specialists prints a first generation laser document on a two-color or four color document including a payment return envelope, folds and seals the document, and mails them first class, all within one business day. A report is then produced for each transmission detailing the number of statements processed. This will be returned to the client via fax, or can be retrieved by the client via modem through the Bulletin Board. The whole process requires minimal effort on your part. A better quality statement is produced at a savings to your facility. No more statement runs, materials management, separating, bursting, folding, stuffing, stamping, and delivery to the post office. TERMS and CONDITIONS The Service group will be available to provide technical assistance to you through the toll free customer service - center Technical assistance is available from 8:00am to 5:00pm (mountain time), Monday through Friday on all business days. The Bulletin Board Center is open 24 hr. a day, 7 days a week and the client can transmit the documents as they desire. We will process your documents on a daily, weekly, bi-weekly, monthly, quarterly, or annual basis. Special handling of individual statements may be requested by the client for a variety of reasons (e.g., pulling a specific statement from a batch). This request may be accommodated as requested at a special pricing to be quoted by BDS at the time of the request. BDS will bill client for services on a per batch run. Client agrees to pay BDS within 10 days of invoicing for services. Any batches transmitted to BDS for processing, while there is an unpaid delinquent balance, will be held by BDS until account balance has been brought current, unless other arrangements have been made and documented as acceptable between both parties. The Billing Document Specialists will be provided at a contract price of $0.515 per piece to Customer. All additional images will be charged at a contract price of $0.15 per image. Special Inserts may also be included at prices to be negotiated depending upon quantity and specifications. Optional Services: Manual Large Files: For files exceeding 7 pages the images will be billed out at $.015 processing plus, $.024 for the large flat envelope plus actual postage. Inserts: Pre printed inserts that the client provides can be inserted at $.01 for Folding and $.01 for stuffing. Provided inserts must be approved by BDS and delivered to BDS 48 hours before the batch for which they are to be inserted and will be billed for either or both of the folding and stuffing charges that apply. BDS can custom print the inserts in either full color or BAN on specified paper stock. Pricing will vary depending on specifications. After customer has approved the layout and site has gone live with transmissions any programming requests after this point may be billed out at our normal programming rates. This does not include simple cosmetic or data changes such as phone numbers or addresses. In -the event that any information processed on behalf of Client by BDS is not accurate, and such inaccuracy causes the processed data to be unacceptable as a finished product, BDS will re- process such data at no additional charge, and no other liability is implied. It is expressly understood and agreed that BDS shall not be liable or responsible for any damages resulting in the delay in the processing of data or resulting from any unacceptable finished product processed by BDS. BDS's liability hereunder shall be limited to the additional cost it incurs in re -process the mishandled data. BDS makes no other warranty expressed or implied for its services hereunder. The term of this agreement shall be one (1) year from the date of its signing. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Acceptance for. Valli Information Systems, Inc. City of Meridian dba Billing Document Specialists rrurrn+ril;;,i Y deW mm /�;� d, Ma = �L .._„_ V Mayor _ Robert O. Jenkhis, President Attest:✓/�dJf�'����r�rrra�sg�ti`�°�';�'�^�� /�_ , William G. Berg, Jr., Citytlerkf d d LL m 0 m E E c 0 m ML W ►7���Gr: I-- :. m 0 2 • • ncc"Il ��� con) O m no-C, O C C O N 401 14*1 1fill�1 16%1 140).1 140 V d I Y _ cc J2 O .F+ to 0 CL V 0 Cc � d cc = m a 3 V 0 _ .� 0 = E cmy CL 0 0 C L d A 0 N M s 0 cu 'ev 0 E E 0 a y 'a o N = .� o CF) 0 y U IL C a 0 a cu o E 0 u u. c 0 = um 0 73 a o� 9 a 9 i AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this day of , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (by and through its Utility Billing Office), hereinafter referred to as "CITY', and Valli Information Systems, Inc doing business as Billing Document Specialists, hereinafter referred to as "BDS", 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. PREMISES: 1. Whereas, the City of Meridian provides utility billing services for water, sewer, and garbage services; and, 2. Whereas, the City desires to facilitate the provision of those services by utilizing the professional services of BDS; and, 3. Whereas, the City and BDS have agreed upon the terms and conditions under which BDS will provide timely and accurate billing processing services at a fair and reasonable price. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: BDS shall perform all services, and comply in all respects, as specified in the document titled "Utility Billing Lockbox Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on , 2007 unless earlier terminated or extended. 3. Indemnification and Insurance: a. Indemnification. BDS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by BDS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. b. Insurance. BDS shall maintain, and specifically agrees that it will maintain, throu out the term of this Agreement, liability insurance, in which the —1— v CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, BDS covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, BDS shall maintain Workers Compensation Insurance, in the statutory limits as required by law. C. Certificate of Insurance. BDS shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BDS's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, BDS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho, Boise, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent of BDS will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: For performing the services specified herein, CITY agrees to pay BDS as described in Exhibit "A." 6. Method of Payment: BDS will invoice the City of Meridian Accounting Department at 33 East Idaho, Meridian, ID 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 —2— BILLING DOCUMENT SPECIALISTS 915 Main Street, Suite 300 Caldwell, Idaho 83605 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that BDS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining *to matters covered by this Agreement. 13. Audits and Inspections. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of BDS's records with respect to all matters covered by this Agreement. BDS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. —3— 14. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws. In performing the scope of services required hereunder, BDS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes. The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of BDS's compensation, which are mutually agreed upon by and between the CITY and BDS, shall be incorporated in written amendments to this Agreement. 17. Termination. If, through any cause, BDS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the City shall thereupon have the right to terminate this Agreement by giving written notice to BDS of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. BDS may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by BDS under this Agreement shall, at the option of the CITY, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, BDS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BDS, and the City may withhold any payments to BDS for the purposes of set-off until such time as the exact amount of damages due the CITY from BDS is determined. This provision shall survive the termination of this agreement and shall not relieve BDS of its liability to the CITY for damages. —4— 18. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required. This Agreement shall not become effective or binding until approved by the City of Meridian. Attest: 'WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, -5- VALLI INFORMATION SYSTEMS, INC dba BILLING DOCUMENT SPECIALISTS ROBERT O. JENKINS, PRESIDENT CITY OF MERIDIAN TAMMY de WEERD, MAYOR On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert O. Jenkins, known or identified to me to be the President of Valli Information Systems, Inc, dba Billing Document Specialists and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Valli Information Systems, Inc. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 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 TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Utility Billing Lockbox Scope of Services Exhibit A 1. Summary of Services • A. BDS shall provide lockbox mail collection services, including timely deposits and efficient processing of remittances for the City's utility payments. B. BDS shall provide daily electronic transfer, including: a. Transmit a data file transfer to City by 5 pm on each banking day. b. Return all payments and stubs relating to exceptions to the City. C. Payments shall be transferred by electronic file. C. BDS shall collect incoming mail from the Post Office Box in Caldwell specified by City the morning of each banking day. D. BDS shall open envelopes, remove and inspect the enclosures, match check amounts to invoices, batch and process payment with exceptions batched and processed separately. Exceptions shall be scanned and sent back to City and all money shall be deposited to bank in separate deposit. E. BDS shall scan all processed checks and payment coupons, scan all documents, and house them on vendor server. The City of Meridian shall have access to scanned documents via a secure web site and access to deposit slips and the remit report via e-mail by 5 p.m. on the same business day as the pickup of payments. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence etc shall be forwarded to the City by noon of the day following the transmission of the reports. F. BDS shall deposit all receipts daily by 5pm on the same banking day as received, to the bank account specified by the City. If the specified bank has ACH capability, BDS will work with them to transmit deposits electronically. 2. System Specifications for Electronic Transfers A. Capability to transmit data files to City in fixed record length ASCII text format. Transmission deadline shall be no later than 5 pm for the same day's transactions. The City is responsible for notifying BDS if the file is not received. Utility Billing Lockbox Scope of Services - Page 1 of 4 0 r B. Notify Utility Billing per e-mail by 5 p.m. when files are transmitted and ready for processing by the City. C. Entire transmission process shall take no longer than 1 hour each, per day, including notifications to City. D. There shall be no differentiation between handling of delinquent accounts and regular payments. E. The following are the data requirements for the lockbox vendor for each payment received: a. Utility Billing Account Number b. Dollar amount remitted for this account number C. Date input d. Bill to name e. Identification of any name or address changes f. Dollar amount of invoice F. Batch Identification. Clearly label each bundle of source documents whether payments or exceptions to identify: a. Unique ID number b. Total dollar amount of each batch C. Total number of items in each batch G. Daily Reports. A daily printed or electronic report showing the following items: a. Utility Billing account number b. Bill to name C. Dollar amount remitted to the corresponding account number d. Batch totals together with batch ID e. Grand total of all accounts remitted balanced to the total of all related invoices f. Any customer notations or comments on the return stub to be returned to the City. H. BDS shall provide proof of redundancy in equipment and personnel and contingency plans to provide uninterrupted service. I. Mail Processing. Mail shall be retrieved Monday through Friday at 8 am. Saturday mail to be retrieved at Monday pick-up. Holiday mail to be handled on the next business day. Utility Billing Lockbox Scope of Services - Page 2 of 4 0 . J. Staffing. Adequate staff shall be on hand and cross trained to accommodate varying workload for lock box service. Within the 3 divisions that make up Valli Information Systems, Inc., dba BDS there shall be significant number of personnel maintained with experience in bookkeeping and/or accounting. All of these personnel shall be cross - trained in the correct procedures for working with the City of Meridian lockbox project. Necessary staff shall be configured on a daily basis depending upon the volume of mail/receipts received. A 3 -person processing team shall always be involved, as well as a supervisor. This shall provide the necessary personnel to maintain appropriate security at all times. K. Currency and coin control. In the event that cash is received, it shall be posted in a log when the envelope is opened; with a secondary initial signifying that cash amount noted is correct. A copy of the log shall be mailed electronically to City of Meridian along with the deposit slip copies in the afternoon. 3. Payment Processing A. Three positions shall be employed by BDS to assure dual control. Position I shall open envelopes and run tapes on checks in multiples of 95- 100. Position II shall be responsible for scanning and posting checks to appropriate customer accounts, assuring that totals on tapes match batch totals. Position III shall prepare deposit slips, assuring balance to tapes and daily batch reports, take deposits to bank, scan bank receipt to be sent with data transfer, and send reports to the City of Meridian. B. The main 3 positions shall be as noted above. If an exception item is found in an existing batch (example: an online payment with an incorrect account number), the item shall be noted on the tape with an "E" and the total on the tape corrected. The documents shall also require initials of the person that pulled the item as an exception item and their supervisor. This will provide a documentation trail and shall preserve the integrity of dual control. Daily balance reports shall be e-mailed prior to 5pm to confirm deposit amounts. Deposit slips and bank receipts shall be scanned and e- mailed prior to 5pm. C. Out of balance conditions shall be researched and corrected daily. D. Exception items shall be scanned and deposited as separate batch from routine receipts. Appropriate measures shall be taken to assure that they cannot be posted as normal payment/receipt. Utility Billing Lockbox Scope of Services - Page 3 of 4 E. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence or other related documents shall be forwarded to the City by noon of the day following the transmission of the reports as desired. 4. Disaster Recovery In the case of an automated equipment or system failure the attached Disaster Contingency Recovery Plan shall be applicable. 5. OualiV List and describe internal quality standards including: A. Scanner shall endorse backs of checks with bank name and account number of the City of Meridian. B. All data to be transmitted to City of Meridian prior to 5pm daily C. Check copies and deposit slips will be filed for viewing on secure web site, no transmission is necessary. E-mails of daily reports shall have confirmation receipt requested to assure receipt by City of Meridian. Any information sent by e-mail shall also be sent with a system -generated delivery receipt. D. Scan quality of all documents will be clear and legible. E. BDS shall investigate errors internally to see what the cause may have been, check processes and documentation and conduct training if needed to prevent future errors. 6. Charges. A. OCR Scan Transaction Fee $0.14 Web Access per statement $0.01 Image CD-ROM (optional) $25.00 PO Box Fees (semi-annually) $65.00 Courier Fees TBD Miscellaneous Copies $.20 B. Lock Box Rental Charge. #4 Post Office box (dimensions IOw x 11h x 14d) at a cost of $65 semi-annually. If day's mail should exceed capacity of box, excess shall be put in tub and held for pick up per notice in PO Box. Utility Billing Lockbox Scope of Services - Page 4 of 4 HILI INI809MENT SPECIALISTS BILLING DOCUMENT SPECIALISTS CUSTOMER SERVICE AGREEMENT With City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and City of Meridian. hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE SERVICE E Payments: BDS to provide a link from the Clients web site to a credit or debit card payment site. The Client is to set up the merchant account and notify their customers that the site is available. BDS will assume no fees or charges for the Merchant Account. BDS will provide a link on the Client's Web site where the user can signup, matching account number, and name to the Client's data base. The user must have a valid email address for confirmation of password or to replace lost passwords. The user ID will be the account number with personal passwords to assure payments are credited to the correct account. The web site will be updated upon receipt of the City's statement files. The current & past due amounts will show separately on the payment screen when the user opens the account. Once a payment has been processed the data base will update the information on the user's screen. When a new statement file is received by the City the data base will update to the current statement information. The city will have access to the site during the day to review payments submitted that are not necessarily confirmed. To confirm payment acceptance the City will need to access the merchant account site that processes the payments. BDS will make every effort to design the site to reduce double posting from the user submitting a payment more than once. Any double payments will be handled by the Client through their merchant account. The City can access a report file of all transactions that will be in a format that will update their receivables at any time. This data base will then be automatically archived and a new report file will be created. The City can review the archived data at any time. E Statements: Using the same sign up link there will be a choice for the users to have their City billings sent via email. When the statements are processed the user will receive an email that their statements are available to view, The email will contain a link that will take them to their a statement which will offer a printable reproduction of the mailed out format. Once they have made the selection BDS will flag those account numbers and when the City submits a new file BDS will tag those so that hard copy statements will not be produced or mailed. This will reduce the City's costs per unit sent via email as they will only be invoiced the unit listed below. TERMS and CONDITIONS The Tech Support group will be available to provide technical assistance to you through the toll free customer service center from 8:OOam to 5:OOpm (mountain time), Monday through Friday on all business days. The Billing Document Specialists service will create the initial web design and setup for a one time charge of $3000.00. The client will be involved in the custom design and BDS will make every effort to match all reasonable requests. The user set up and maintenance of the web site and transaction at a monthly charge of $75.00. E Statements will be processed at a unit price of $.25. MUNGOOCUMENT SPECIALISTS The term of this agreement shall be for a period of 6 months from the date of final acceptance of the web design by the city. At the end of this period the agreement may be renewed with review by both parties. The agreement may be terminated by either party with 120 days written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian Signature Date Please Type or Print Authorizing Party Name Acceptance for: Billing Document Specialists Signature Date 0 0 Billing Document Specialists CUSTOMER SERVICE AGREEMENT THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and • Facility Name: City of Meridian • Facility Address: 33 East Idaho Street • Facility City,State & Zip: Meridian, ID 83642 • Facility Phone Number: 208-888-4438 • Facility Fax Number: 208-887-4813 • Facility Primary Contact Person: JayCee Holman hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE OUTLINE Your facility goes through the normal patient statement process but instead of directing the patient statement to the local system printer, a text or data file is created and submitted by modem to the Billing Document Specialists Bulletin Board. This bulletin board can be accessed through a toll free phone # or transferred through the Internet. A unique password and account name used by you identifies the facility, your format of choice, and other client -specific details. You can process and submit as many documents as you like and as frequently as you like. When BDS receives the statement file (text or data) the statement is produced and mailed within 24 hrs. Billing Document Specialists prints a first generation laser document on a two-color or four color document including a payment return envelope, folds and seals the document, and mails them first class, all within one business day. A report is then produced for each transmission detailing the number of statements processed. This will be returned to the client via fax, or can be retrieved by the client via modem through the Bulletin Board. The whole process requires minimal effort on your part. A better quality statement is produced at a savings to your facility. No more statement runs, materials management, separating, bursting, folding, stuffing, stamping, and delivery to the post office. TERMS and CONDITIONS The Service group will be available to provide technical assistance to you through the toll free customer service center. Technical assistance is available from 8:OOam to 5:OOpm (mountain time), Monday through Friday on all business days. The Bulletin Board Center is open 24 hr. a day, 7 days a week and the client can transmit the documents as they desire. We will process your documents on a daily, weekly, bi-weekly, monthly, quarterly, or annual basis. Special handling of individual statements may be requested by the client for a variety of reasons (e.g., pulling a specific statement from a batch). This request may be accommodated as requested at a special pricing to be quoted by BDS at the time of the request. BDS will bill client for services on a per batch run. Client agrees to pay BDS within 10 days of invoicing for services. Any batches transmitted to BDS for processing, while there is an unpaid delinquent balance, will be held by BDS until account balance has been brought current, unless other arrangements have been made and documented as acceptable between both parties. The Billing Document Specialists will be provided at a contract price of $0.515 per piece to Customer. All additional images will be charged at a contract price of $0.15 per image. Special Inserts may also be included at prices to be negotiated depending upon quantity and specifications. After customer has approved the layout and site has gone live with transmissions any programming requests after this point may be billed out at our normal programming rates. This does not include simple cosmetic or data changes such as phone numbers or addresses. In the event that any information processed on behalf of Client by BDS is not accurate, and such inaccuracy causes the processed data to be unacceptable as a finished product, BDS will re -process such data at no additional charge, and no other liability is implied. It is expressly understood and agreed that BDS shall not be liable or responsible for any damages resulting in the delay in the processing of data or resulting from any unacceptable finished product processed by BDS. BDS's liability hereunder shall be limited to the additional cost it incurs in re -process the mishandled data. BDS makes no other warranty expressed or implied for its services hereunder. The term of this agreement shall be one (1) year from the date of its signing. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Client Signature Date Acceptance for: Billing Document Specialists Reseller Signature Date • August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. S -K REQUEST Contract for McMillan Water Main Design between Wild Goose and Polatinge with Civil Survey 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: Uj/ 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 pubAc meetings stmn become property of the CNy of Meridian. 11 Memo • To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Staff Engineer Date: 8/07/2006 Re: Proposed Agenda Item for August 15, 2006 City Council Meeting RECEATD AUG 0 g 2006 Cita' of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the August 15, 2006 City Council agenda, under Consent Agenda, for Council's consideration: McMillan Water Line — Wild Goose to Palatine Attached is a contract with Civil Survey for the 35OLF water main design on McMillan Road between Wild Goose and Palatine. The contract is for $4,070.00. There was not a request for design sent out because it was under $5,000. Recommended Council Action: The Public Works Department recommends that City Council approves the contract with Civil Survey for the 35OLF water main design on McMillan Road between Wild Goose and Palatine. Thank you for your consideration. I will forward original documents for signatures upon review. Please contact me if you have any questions. From the desk of... Max Jensen Engineering Technician Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 89&5500 Fax®208}9551 0 Page 1 • Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President • Civil Survey Consultants, Inc. 1400 E. Watertower Street Fax 888-4312 F 888-0323 Suite 100 Meridian, Idaho 83642 August 4, 2006 Len Grady, P.E. City Engineer City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: McMillan Road Palatine Way to Wild Goose Way Water Main Extension Dear Len: Thank you for considering Civil Survey Consultants to provide professional engineering services related to the extension of potable water main in McMillan between Palatine Way and Wild Goose Way: The following is a scope of services for field surveys, contract document preparation, and construction services related to this project. Location This project is on McMillan Road beginning at Palatine Way and extending approximately 350 feet east. The intent of this project is to extend the existing 12" potable water main from the exiting blow off at Palatine Way approximately 350 feet east to another existing blow off. Field Surveys Civil Survey Consultants will perform a topographic survey of the project limits as needed to prepare plan and profiles sheets. Field surveys will include location of existing utilities where marked by the utility owner. Construction Documents Civil Survey Consultants will prepare plans as necessary to construct the described water main extension. The plans will be prepared using digital ortho photographs of the area furnished by the City of Meridian. The plans are anticipated to consist of one cover sheet; one general note sheet; one Meridian standard detail sheet; and one plan and profile sheet for a total of four sheets. The plans will be prepared in 34"x22" format with an anticipated scale of 1"=20'. • • Grady August 4, 2006 Page 2 of 3 This scope of services is based upon the assumption that all work will occur within existing public right-of-way. No new right-of-way or easement acquisition will be required for this work. Should additional right-of-way or easements be required, the work effort associated with their acquisituion will be provided as a supplement to this agreement. Civil Survey Consultants will submit the plans, contract documents and specifications to the City of Meridian, Ada County Highway District and CH2MHill for review and approval prior to construction. All fees associated with obtaining plan review and approval will be paid by the City of Meridian. Bidding and Award The project is proposed to be constructed under emergency conditions and therefore will not undergo the standard public bidding process. Civil Survey Consultants will prepare and send plans, specifications, and bid schedule to three contractors for the purpose of soliciting bids. The City of Meridian will choose the three contractors. The City of Meridian will perform all work necessary to award the contract to the successful bidder. Civil Survey Consultants will be available to answer contractor's questions prior to the selection of a bidder. Construction Civil Survey Consultants will be available to answer questions during construction and attend meetings to resolve construction issues. Construction observation and construction management will be provided by the City of Meridian. Civil Survey Consultants will evaluate any change order requests and provide a recommendation to the City regarding approval. Full time construction observation is not included in this scope of services. Record Drawings Civil Survey Consultants will prepare record drawings of the completed improvements. The City of Meridian will provide one set of red -lined plans showing any changes that occur during construction. Civil Survey Consultants will prepare record drawings based upon the red -lined plans and provide the City one hard copy and one electronic copy in AutoCAD format. Fees Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of $4,070.00 unless approved in writing by the City of Meridian. A man-hour and fee estimate is attached. • 0 Grady August 4, 2006 Page 3 of 3 Sincerely, CIVIL, SURVEY CONSULTANTS, INC. Corey Peacock, P.E. 4 U 0 'I �o 2 IM mOd)'V'NM 'o I -o C a) IL 0 00 0 0 00 tD 0 0 C AN O O 000 O D) � Q U 0 C) cliN C') oo tY 0 c >� v> Est to �sr a) yZ 1 V p M dna) O U) F- 0 N N N I- o C CD a) � M _O U a) C 0 O c 0 0 C. 0 0 W 00000000 C � m M co O V N M CDC ❑ c ooaonnnmm w `o ca) J o E» VD. ffl V., Es 61). W. U) M LoU 0 c .� 0 a) G M N O O m O O a`W •C 7 a � O >. � N N N co N U U) . � c� o U a) d O C 0^ N M M d O CDN C n C N a) > a) C U O CC N 1°+y y O a) Q C Q C W N .27 caa C E¢ O F Ioa,R�oc2 CO U � = � o 0) Nco 0 D N C C L Uon.Xmm�0 r N m N N H 0 0 0 O r -- C) ,It d a) LL C m CD d as E W R H 0 00 0 00 0 0 0 00 O O 000 O 0 C) cliN C') oo tt j m v> Est to �sr toov 1 LO p M N 0 N N b I- o N � M � U 0 0 0 0 0 C. 0 0 00000000 o0LOLOLiotrio ooaonnnmm U N N ass E» VD. ffl V., Es 61). W. M LoU c .� 0 M N O O m O � •C 7 a � � N co � c� o C CDN N O C W C R ca U U � C L C L r N m N N U a) ami ami ami >'> m m Z c T c c d a) c c rn a a Z� www,wujQco V O V fn C a C C a)�,rn—Im $ 110 L c) y N ,Q aI5 5-j AlN 0 0 0 0 O r -- C) ,It d a) LL C m CD d as E W R H 0 0 0 O O O C) cliN C') tt j v> Est �sr 0 0 o � � � U O O U N N U c o C � •C 7 a � � N � c� o 0 0 O r -- C) ,It d a) LL C m CD d as E W R H C CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of 2006. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client desires to extend and existing 12" water main located in McMillan Road between Palatine Way and Wild Goose Way referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated August 4, 2006. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated August 4, 2006. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. 1400 E. Watertower Street, Suite 100 Meridian, Idaho 83642 BY:'&Za T' othy A. Burgess, Vice President WO 1 of 3 8/4/2006 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of 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. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. - Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services. and WO 2 of 3 8/4/2006 expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either parry upon thirty days', written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - Thi§ Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. WO 3 of 3 8/4/2006 0 August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. 5-L REQUEST Public Works Budget Amendment for Fuel / Diesel Line Item 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: Materk* presented at public meetings shall become property of the city of Meridian. I AUG(0 I 8 2006 Memo To: Will Berg; Tara Green Frona Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 08/10/2006 Re: Proposed Agenda Item for August 15, 2006 City Council Meeting CityCf Meridian City Clerk Office The Public Works Department respectfully requests the following items be placed on the August 15 City Council Agenda, under Consent Agenda, for Councirs consideration: Budget Amendment — Fuels — Diesel. The Public Works Department would like to request a budget amendment for the Fuels — Diesel line item that was originally budgeted at $6,000. With increasing fuel pries, this budget amendment is a firm price to fill the diesel fuel tank and operate our equipment and backup pumps through the rest of the fiscal year. a 3510-52202 Fuels — Diesel $7,852.90 Recommended Council Action: The Public Works Department recommends that City Council approves tfm budget amendment for an additional $7,952.80 the Fuels - Diesel. Thank you for your oonsiderdtion. Please contact me if you have any questions regarding any of these items. 0 Page 1 idk Tahin 1 — Riar* C9i Prniact Budget Status Remaining B Cost Estimate Remaining Budget $5,321,300 FY 2005 Pro efts $30,000 $903,770 Engineer's Design Fees $225,000 $5,096,300 Construction M mt Fees $150,000 $4,946,300 Phase 1 Trunk Sewer $3,014,000 $1,932,300 Uft Stahlon $2,693,250 ($761,700 Plant Pressure Sewer $400,000 ($1,161,700) Future Pro ects 10 We Diversion Trunk $1,650,000 ($2,611,700) Phase 2 Trunk $1,250,000 0,061,700 Easements $250,000 $4,311,700 Conti en 59/q $220,000 ($4,531,700) Budget Transfer 1/18/05 $1,000,000 $3,531,700) Futuna Budget ShortfaA 03,531,700) TmhL% 2 _ Nnrth Stnunh Prolact Budaet Status p - - - Remaini Bud et Cost Estimate Remaining B $933,770 ineer's n/Fees $30,000 $903,770 Construction M mt Fees $28,000 $875,770 Construction Cost Estimate $1,150,000 $334,230 Easements $170,000 $500,000) Budget Shortfafl ($500,000) Tjahk% 2 - Centrate Basin Construction Budget Status Pro Cost Estimate Remaini Budget Remainirg Budget $464,325 Engineefs Des n/ Fees $50,000 $414,325 Conawdion M mt Fees $36,000 $378,325 Construc#ion Cost Estimate $510,000 ($135,000) Page 2 v v n n D _ to 0 to v g n Mo� m EI m m o n Tv 0 n 00 m cD , `° V m 7 4Xl � Elm v_ m C7 m m om m J O p f Q MmO_ ` 4 oM M � - m 8D , m z0 v v � m m i1lUilill m m`��� = jI Z p 3 z rJ�r,�J%lllllll111tit�°t�`S�aa[�i. O m m m a N C CD s �V �Y o H �I d N �I d LL Q � 0 o® 1 vA\� O D d • m 0 Cl 7 0 CL Er CD LJ M O M m�o� m mo_ 3 3 m m rS o m CD CD !F3=•8w1 CD CD CD cas `om�`�mQ CEI G C61 _CL Ek a W�1g E) O�tC m m 0 3 0 00 mcrI:cm o. 0 $a t�m a =0_ 00 C o 0 c E7 p T yy Ff iNW 41 pnp O g 000n O C-3. O C � •m s i 7 i C i � 7 m yl 067 .% �a M O M m�o� m mo_ 3 3 m m rS o m CD CD !F3=•8w1 CD CD CD cas `om�`�mQ CEI G C61 _CL Ek a W�1g E) O�tC m m 0 3 0 00 mcrI:cm o. 0 $a t�m a =0_ 00 C o 0 c E7 p August 11, 2006 AZ 05-061 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Una Mas, LLC ITEM NO. 5-M REQUEST Development Agreement -- Request for Annexation and Zoning of 9.55 acres from RUT to C -G zones for Una Mas -- 3475 East 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 altached Development Agreement Date: Matedafs prese Ted at ptotic meeflns shag Phone: 7y [is: of the City of Meridian. ADA COUNTY RECORDER J1.8I0 NAVARRO AMOUNT .00 28 BOISE IDAHO 08/24/06 01:51 PM DEPUTY Patti Thompson III I'lllll'IIIIIII'I'I'III"I�II'I'II RECORDED -REQUEST OF City of Meridian 1061 37045 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Una Mas, LLC, Owner/Developer THIS DEVELOPII� NT AGREEMENT (this "Agreement"), is made and T4 entered into this 10 day of 6 si— , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Una Mas, LLC, whose address is 1717 Chisholm Drive, Nampa, Idaho 83687 hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property'; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (C -G) General Commercial, (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 05-061) UNA MAS PAGE 1 OF 11 Y 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 25`" day of April, 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. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 2 OF 11 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 parry 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 Una Mas, LLC, whose address is 1717 Chisholm Drive, Nampa, ID 83687 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 C -G (General Commercial) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 W 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 C -G zone, and the pertinentprovisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-061 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 3 OF 11 i 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant will be responsible for all costs associated with sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 6. That a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. 7. That when preliminary/short plat is submitted to the City, the entire 9.55 acres that are the subject property for AZ -05-061 will be included within the boundaries of said plat (no out -parcels). 8. That when a preliminary/short plat is submitted to the City, no direct lot access to Ustick Road will be allowed. The existing driveways to Ustick Road may be for construction purposes until the future DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 4 OF 11 roadway is completed. At such time, direct access to Ustick Road will be prohibited. 9. That in the case of any division of the property cross access to parcels on all sides of the site be granted. 10. The applicant shall provide at a minimum one commercial cross access drive to the properties east and west of the site which shall be designed according to private street standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking backing on to the service drive, a one side five foot detached sidewalk with a 5' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway east of the site, through the 9.55 acre Una Mas Annexation, and the property west of the site. 11. The applicant shall work with ACHD to determine if a public frontage road shall be provided at the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage road shall be reserved at this site until such a time as ACHD staff provides a written statement refusing the reserved area. 12. That the applicant shall submit an application for design review with each building Certificate of Zoning Compliance. The elevations whall be in substantial conformance to the elevations presented at the April 4, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. 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. DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 5 OF 11 E 0 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: 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/Developee% "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" DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 6 OF 11 0 0 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 "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 (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 § 12-5-3, 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 DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 7 OF 11 • 0 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 - 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% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Una Mas, LLC 1717 Chisholm Nampa, ID 83687 16.1 A party shall have the right to change its address by delivering to the other parry 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. DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 8 OF 11 0 0 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "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 DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 9 OF 11 0 designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WETNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: CITY CLERK OWNER /DEVELOPER: UNA MAS, LLC h &-t wir-wo,.- CITY OF MERIDIAN MAYOR T Y de WEERD itu, C,/I OF BELL _ 7 III lilt t ,\ DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS PAGE 10 OF 11 0 STATE OF IDAHO, ) ss: County of Ada, ) On this day ofA, 2006, before m the undersigned, a Notary Public in and for said State, personallyappeared _J.\ ck- l ,� on behalf of Una Mas, LLC, known or identified to me to be the 0Nj?_ hn� of said corporation, who executed the instrument on behalf of said corporation, 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 andy@mejgjbjs certificate first above written. STATE OF IDAHO ) ss County of Ada ) 'Notary Public ,for IdaW Residing at: My Commission Expires: -14—C2010 On this I SO.% day of 2006, before me, a Notary Public, personally appeared Tammy de Weerd hAd 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 suit 9 &Vd year in this certificate first above written • T9 '`'•irwar YAA 00 i (SEAIk ior fIdaho .c Residing at: AtomI. ID Commission expires: J[Y1 1-1 1 (AZ 05-061) UNA MAS PAGE 11 OF 11 05/22/2006 12:40 Wy 22, 2006 John Resaigb Hansm-Rica 1717 B. Chisolm Nampa, Idaho 83687 • 288-387-6393 u RE: MAMS661 / 3475 E. Usti ek Road Dew W Rescigh: ACRD PLANNING • PAGE 02/02 Sohn & Frerlden, Mmident Card A. kKee,1St vke pmtdent David 8WW4 2nd We President MvY R. }Tuber, CoMrftm uner Rebecca W. kWd, tommImmer As we have discussed, ACHD will not dcmy access to the parcel at 3475 E. Us&k Road. If access the 1W3hbo1im9 Parcels thmugh cross access easements is not available at the time of cleve1apm=4 ' . tftPOr2ry Mesa to Ustick Road will be coasidered. When ACID receives a development application fox the parcel, access o dem will be reviewed with the applicant. Since this issue is a matter of timimg; a &W decision on the locaticm of the access point camlot be reached until a development application is received and reviewed taking into consideration the otatus of the neigbbaring parcels at that time. If You have any quOstions you =ay contact meat 387-6170. Sinewely, Gary Inge Manager, Tright -of -Way and Aevolopment Services Aft COw7ty iQghwjw D ld 3M Adams MnMt • M"iPn 11/21/2865 16:17 208585 1 Iml LEGAL DESCREMON FOR HANSEN-RICE, INC. ANNEXATION PARCELZUY OF MERIDIAN USTICK ROAD PROJECT The following describes apmwl of real property lying in Fast'/, of Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Maidim Ada County, Idaho, and being more particularly described as follows: Mtr- aZ Co=me ndug at the Northwest comer of said Section 4, said corner marked by a Brass Cap Monument (PLS 6111r Tbcnce, along the Northerly line of said Section 4, N89035'22"E, 830.94 feet (formerly S8904926"1:, 830.94 feet) to the Northwest comes of the pmperty described in Warranty Deed Insltrument Numbws 105046906 & 105119521 the POINT OF BEGIN"G; Thence, con inuing along said Nortbmrly line of Section 4 and the Northedy line of the property descri-bed in said Warraety Deed Instrument Number 105046906, N89°35'23"E, 332.37 feet (formerly S99049.26"E, 33237 feet) to the Northeast corner of the property described in said Wsnmty Deed Instrument Number 105046906; . 'Thence, S00°00'08"E,129034 feet to the Southeast corner of the property described in Warranty Deed inshviment Number 10511.9521 to a 5/8" Iron+ pin (PLS 5710); Tbence, S89°3242"W, 332.39 feet to the Southwest comer of die property described in sand Warranty Deed instrument Number 105119521 to a 5/r Iron pin (PLS 5710); Thence, N00000'06"W,1290.60 fent to the POINT OF 1MGVMWQ, comprising 9.85 aeras more or less. SUBJECT TO: All easements or reservations appearing oo the above described pa=l of land. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 RECEIVED APP 21 2om 'City Of Meridian City 00 In the Matter of Annexation and Zoning of 9.55 acres from RUT (Ada County) to C- G(General Commercial), by Una Mas LLC. Case No(s).: AZ -05-061 For the City Council Hearing Date of: April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. MY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-061 - PAGE 1 of 3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement all in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subject to the Development Agreement in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of April 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-061 - PAGE 2 of 3 $y action of the City Council at its regular meeting held on the y?2 , 2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED' COUNCIL MEMBER JOE BORTON VOTED 4k -t,,' COUNCIL MEMBER CHARLIE ROUNTREE VOTED_,4&%v COUNCEL MEMBER KEITH BIRD VOTED *K, IV TIE BREAKER MAYOR TAMMY de WEERD VOTED �- elm MAY G�IyYEERD Jr ATTEST: LIAM G. BERG JR- ITY LE ~ ,� y� r ysc • u Copy served upon: � Applicant Planning Department _3>ublic Works Department City Attorney B Dated.: 5 • l - 0 l.a ity Clerk's Office CrrY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-061 - PAGE 3 of 3 (CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 STAFF REPORT Hearing Date: April 25, 2006 City Council hearing date: April 4, 2006 City Council hearing date: March 21, 2006 City Council hearing date: March 14 2006 Planning Commission Hearing Date: February 16, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 u 4 111.►IHc7 i' SUBJECT: Una Mas Annexation AZ -05-061 Annexation and Zoning of 9.55 acres from RITE (Ada County) to C -G (General Commercial), 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Una Mas, LLC, has applied for Annexation and Zoning (AZ) to C -G (General Commercial) for 9.55 acres of property currently zoned RUT in Ada County. The site is located on the south side of Ustick Road, approximately 1/4 mile east of Eagle Road. This site is currently rural residential with one single-family residential building and accessory buildings. The applicant is proposing to construct office and commercial uses on the site with the remainder of the property being developed for undetermined commercial cross accesses. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. A. Summary of Public Hearing: i. In favor: Jon Reseigh, Nausea -Rice Eng. ii In opposition: None. iii. Commenting. None. iv. Staff presenting application: Joe Guenther, Associate v Other staff commenting on application.None. b. Key Issues of Discussion by Commission: i. Acquisition of the remainder ACRD property — applicant indicated that they do not know what will occur with the ACRD auction; ii. Road alignment with Alleys Way and potential public road at south property boundary; iii. —Cross access requirement to other properties west and east. c. Key Commission Changes to Staff Recommendation: i. none. The subject property is within the Urban Service Planning Area. Staff has provided detailed analysis and recommends that the subject be approved with the Development Agreement (DA)(see below for DA provisions) provisions detailed in this report. Staff recommended UNA MAS Annexation — AZ -05.061 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 approval o the Una Mas Annexation, ybmitted as A7,05-061 with the development Bement cowmen ntaun e r ort ed F 16 2006. ' 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Number AZ - 05 -061 as presented in Staff Report for the hearing date of April 25, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ_ 05-061 as presented in the Staff Report for the hearing date of April 25, 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 After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -05-061 to the hearing date of (insert continued he, date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: b. Owner/Applicant Una Mas, LLC 1717 Chisholm Drive 3475 E. Ustick / 3N1 E4 Nampa Idaho 83687 c. Representative: John Reseigh, Hansen Rice Inc d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan. Designation: Mixed Use Regional f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C_G (General Commercial) for 9.55 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: The site is located on a main arterial which has recently been upgraded as a major arterial with access to a state highway which is appropriate for commercial/office uses. S. PROCESS FACTS a. The subject application will m fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: March 6 and February 20, 2006 C. Radius notices mailed to properties within 300 feet on: February 17, 2006 d. Applicant posted notice on site by: March 1, 2006 UNA MAS Annexation — AZ -05-061 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The parcels to the south and west are either zoned commercial or proposed commercial zones. To the north is the approved Lowes building. Perkins -Brown Subdivision, the proposed ACHD right of way and an Ada County single-family development lies east of the subject site. This area is rapidly transitioning from rural to urban/commercial. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned C -G, Lowes 2. East: Future Right of way, Rural residential, zoned RUT (Ada County) 3. South: Redfeather Subdivision, zoned C -G 4. West: Single-family/Commercial, zoned RUT proposed C -G d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is available in Ustick Road. Location of water. Water is available in Ustick Road Issues or concerns: Without conceptual sewer design it is difficult to determine if this properly will all gravity to existing maims. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: C -G (General Commercial) 7. Size of Property. 9.55 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City include specific concepts within a Development Agreement (DA) for developing the subject property. Please see Analysis below for recommended DA provisions. g. Landscaping: 1. Width of street buh*s): Per City Code, a 35 -foot wide landscape street buffer is required adjacent to Ustick Road, an arterial roadway (UDC 11-2A-4). 2. Width of buffers) between land uses: N/A all properties are proposed as C -G h. Required Commercial Standards: C -G Setbacks Proposed Required Landscape (Commercial) UNA MAS Annexation — Az -05-061 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Arterial Road (Ustick) NA 35 Collector Street (Future) NA 20 i. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not Proposing to develop/plat this property at this time. There will be a firture collector roadway east of this site which will eventually connect Ustick Road and Fairview Road. The applicant is land locked by the Ustick Road curb cuts where they will be required to have access from ACRD or the future development to the west of the site. There will be no direct lot access to the future road and a system of cross access points or internal streets will be established by ACHD. 7. COMMENTS MEETING On December 30, 2005, a joint agency and departments meeting was held with service providers in this area The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated' Mixed Use Regional" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged The MV -R has no upper limit on the square footage of non- residential uses and is intended to allow a broad range of uses. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal K Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian .Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A CBD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. UNA MAS Annexation - AZ -05-061 PAGE 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by .the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Departmen4 the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a commercial zone adjacent to proposed or established commercial districts. Staff `fi'nds that impacts to the existing residential properties to the east can be limited through design as to be compatible with the proposed development if appropriate fencing, access points, and landscaping are installed with this project and in cooperation with the future ACRD collector road • "Permit new ... commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal t Obj. A, #6) Municipal water, solid waste and other services exist to this area ofMeridian. "Locate new community commercial areas on arterials ... near residential areas in such a way as to complement with adjoining residential areas." (Chapter V l; #3) pg. 43, Goal III, Obj. D, The proposed commercial use is located at the intersection of a future collector road and an arterial roadway. A 35 foot wide street buffer will be required along Ustick ,Road and a 20 - foot wide street buffer will be installed as apart of the western side of the collector roadway to be designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads and future vehicular impact on existing residential uses There are several major commercial developments with associated mixed use residential developments occurring in the area to which the proposal will provide service. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter. VII, pg. 107, Goal IV, Obi. D, #2) The curb cuts and access points will be designed to be consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed development proposal and full review by AChD. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) For the future collector roadway, one access road to Ustick Road with a future connection to the south through Red feather Estates. Cross access will be required east and west of the site. Staff is generally supportive of the conceptual connectivity proposal. ' Review new development for appropriate opportunities to connect to local roads and collectors m adjacent developments- (Chapter VI, Goal II, Objective A, Action 13) No stub streets are currently provided to the subject site. See bullet above. UNA MAS Annexation — AZ -05-061 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006, Staff also finds the following 2002 Comprehensive NEW text policies to be applicable to this application: "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with UNA MASto minimize access points on arterial. , xoadways as development applications are reviewed,, 72) (Chapter VI, page "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 i 02) Stafffinds finds that the proposed GG zoning designation is generally harmonious with and in accordance with the Comprehensive Plan 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and, mix of allowed commercial uses, and the location 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C -G zone is appropriate for this property. Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on November 21, 2005 by Douglas Bergey, pLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development A=emerlt• 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 neves to ure that this property is developed in a fashion that. is consistent with the UNA MAS Annexation — AZ -05-061 PAGE 6 • 0 CITY OF MERIDIAN PLANNING, DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 coin rehensive glan desi on und oes of ne tivel act nearb pmLm ties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney Bill Nary. at 888-4433 to initiate this prc�► ess 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 a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. • That when a preliminary/short plat is submitted to the City, the entire 9.55 acres that are the subject property for AZ -05-061 will be included within the boundaries of said plat (no out parcels). • That when a preliminary/short plat is submitted to the City, no direct lot access to Ustick Road will be allowed. The existing driveways to Ustick Road may be for construction purposes until the future roadway is completed. At such time, direct access to Ustick Road shall be prohibited. • That in the case of any division of the property cross access to parcels on all sides of the site be granted. • The applicant shall provide at a minimum one commercial cross access drive to the properties east and west of the site which shall be designed according to private street standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking backing on to the service drive, a one side five foot detached sidewalk with a 5' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway east of the site, through the 9.55 acre Una Mas Annexation, and the property west of the site. • The applicant shall work with ACHD to determine if a public frontage road shall be provided at the southern boundary of the site, One half of a 42' public roadway design for a frontage/backage road shall be reserved at this site until such a time as ACRD staff provides a written statement refusing the reserved area. UNA MAS Annexation — AZ -05-061 PAGE 7 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 That the applicant shall submit an application for design review with each building Certificate of Zoning Compliance. The elevations sha11 be in substantial conformance to the elevations presented at the April 4, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council, as detew)ined by the Planning Director. b. Staff Recommendation: Staff recommended that the applications for the subject Property be approved with the associated development agreement which would be in the best interests of the city to he annexed into the City with a C -G zoning designation with the aforementioned Annexation & Zoning provisions. All future development would include in a Development Agreement and future detailed approvaL 11. EXHIBITS A. Legal Description B. Conceptual Site Plan C- Required. Findings from Zoning Ordinance LINA MAS Annexation — AZ -05.061 PAGE 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Exhibit A — Legal Description l U'W AMn 1b:11 Gtldbbbyuyt ttV itAi7Ep BptmARIFS PAW 92 LWAL DESCRIPTION FOR HANSEN==RICE, INC ANNEXATION PARCEL,-C1Ty OF CLW USTICK ROAD PROJECT 71te followbig desc 1M apewoel of NO properly lying in Best Ya of GWmnn m I.et 4 of Section 4. Township 3 North, Asgp I ENf, Bole btatidia,� Ada Cannty, Idaho, amt being mm e pardaduly doxrlbed as follows: C010 mendtt at tlo Nordwast corner of said Section 4, said eewaa marked by a lima Cap Mia p"iS 611 1) "Mm, along ttte Nettbariy line of sold Section 4, NSV55'22"E, 83094 fist (formerly S89049'26"F, 830.94 feet) to thecorneraftba Northwest 105046906 & 1p 05119521 laNdW nff �nTIC OF WGINNI111 N�aben Tom• pi s &WAS paid Notdwly line of Seatien 4 sed the Northerly line oftha fnropotydoedbed in maid Wan* Deed k"hurnaatNamber 105046M, N39033'Y3"E, 332.37 feet (hrmerly S$q"491C'E, 332.37 toot) to the?4wtba st corner of dee p►"crty described in said Wmmntty Deed Ioshoment Number IOSo46906•, 11maae, 8D0°tm'08" $1290.34 toot to the Sarthoast eorw of tits PUPOHY desaftil in Wftwft9 Dead f l"Nneat Number 105I 19521 to a S/8" hon pin (PLS 5710} 7bencq S89e32'42"W. 332.39 feat to the Southwest comer of the property described In SAW Wamtnty Deed TnrameatNumbar 1 o5 ) t 9521 to a S/d" Iron pin (PLS 5710} raew e, N00"00'06"W,1290Ad thatea the POINT t7B HEG3tCgWC, campts{ng9.15 aero more or lass. 9UW= T0= All ana m" orresetvationm appoArl" on 1ba above dowilwed pmW of land. 571 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 A. Legal Description -drawing •, �•• aapy LO.1 / .cnaaoo�nt71 UNLIM11ED 19INDAR'IES FAGS NQ SAM or wiew NwNnT $32 f,NN N.tf�v J� lrpy. 114 w, wows _ / - erre a► S Oa � I i � 111 A-1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF APRIL 25, 2006 H- Conceptual Site Plan • • 'CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL, 25, 2006 C. Proposed Findings from Zoning ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fiill investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. The 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; No development is proposed concurrent with the zoning map amendment. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council rely on any oral or written testimony that 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, The Council finds that the proposed zoning amendment wilt not result m any adverse impact upon the delivery of services by any political subdivision Providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -SB -3.E). If the arrnLicant enters into a D elopment Agreement (DA) with the Citvt the Council finds that the annexation and zoning of s operty to C G would be in the best interest of the Cites i 0 August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT ITEM NO. 5-N REQUEST Agreement to Sponsor Development of Written Work for The New Heritage Theatre Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: e �, CITY PARKS DEPT: V� 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. oca mU ) oz A O o �' �3 �m o go mo �o T m 81 20 C 03 yO m z 0 9 m m m m z g 0 m 0 w a o� Q "m'� M 3m Mo Z 3 m z 4 i • AGREEMENT TO SPONSOR DEVELOPMENT OF WRITTEN WORK THIS AGREEMENT, made this %5rday of , 2006, between The :St'tN_ew New Heritage Theatre Company (hereinafter referredo Heritage'), located at 723 Taylor, Meridian, Idaho, 83642/P.O. Box 44269, Boise, Idaho, 83711 and the Mayor's Anti - Drug Coalition, by and through the City of Meridian (hereinafter referred to as "City") located at 33 East Idaho Avenue, Meridian ID, 83642. The City has designated New Heritage to create the written work herein described. WHEREAS, New Heritage is a professional theater company comprised of a resident repertory company, a theatrical training conservatory and educational and community outreach programs; and, WHEREAS, New Heritage is a non-profit organization exempt from federal taxes under 26 U.S.C. § 501(c)(3); and, WHEREAS, the Mayor's Anti -Drug Coalition, by and through the City, desires to contract for the work of New Heritage and to commission New Heritage to create a written work, specifically, a play promoting a drug-free lifestyle and a drug-free community (hereinafter referred to as "Play"); and, WHEREAS, the parties wish the creation of the Play to be governed by the mutual obligations, covenants, and conditions herein; NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 1. Play specifications. New Heritage hereby agrees to hire Sandra Cavanaugh to write and direct the development of the Play entitled "Tuned Out" as a part of their on going Response Program. The Play shall be written to be one (1) hour in length when it is performed as written. The focus of the Play shall be the promotion of a drug-free lifestyle and drug- free community and may depict the contrast thereof with the damage caused by drug use to individuals and entities including, but not limited to, individual users, their families, friends, and co-workers, and the community. 2. Sponsorship contribution amount. The City's sponsorship contribution to the Play shall be twelve thousand, five hundred dollars ($12,500.00). This amount shall not include performance of the Play. While the City shall administer the funds for payment of the sponsorship contribution, no tax AGREEMENT TO COMMISSION WRITTEN WORK PAGE I OF 5 NEW HERITAGE THEATRE COMPANY revenues shall be expended for such payment; rather, such funds shall be fundraising monies provided by the Mayor's Anti -Drug Coalition. 3. Sponsorship credit. The City's sponsorship of the Play's development shall be acknowledged whenever the Play is performed and/or published, whether such performance and/or publication is of the Play in its entirety, or is of any component thereof. 4. Payment. Within 10 days of the signing of this agreement, the City agrees to pay a deposit of ten thousand dollars ($10,000.00). The remainder of the City's contribution, two thousand, five hundred dollars ($2,500.00), shall be paid upon completion of the Play. 5. Development of the Play; City's comments. The City recognizes that the creative process may be undertaken most effectively when the product thereof is not subject to the predilections of outside parties. Nonetheless, the City has a substantial interest in assuring that the completed Play reflects the values and achieves the objectives of the Mayor's Anti -Drug Coalition. Therefore, the development process shall include an ongoing dialogue between New Heritage and the City. New Heritage's liaison for this purpose shall be Sandra Cavanaugh, and the City's liaison for this purpose shall be Brenda Murdock. Ms. Cavanaugh shall communicate with Ms. Murdock throughout the Play development process regarding the content of the Play. As the Play is developed, Ms. Cavanaugh shall consider any suggestions and/or comments of the City as conveyed by Ms. Murdock, and shall incorporate such suggestions and/or comments into the Play where such incorporation does not impede Ms. Cavanaugh's creative autonomy. 6. Completion date. The completed Play shall be delivered to the City on or before the 20th day of October, 2006. This completion date may be modified only as mutually agreed in writing by the parties. Time is of the essence with respect to the completion of the Play. 7. Termination. If either party willfully or negligently fails to fulfill its obligations under this Agreement, the other party shall have the right to terminate the Agreement, by giving written notice to the defaulting party of its intent to terminate and specify the grounds for termination. The defaulting party shall have fourteen (14) calendar days after receipt of the notice to cure the default. If the default is not cured, this Agreement shall terminate. AGREEMENT TO COMMISSION WRITTEN WORK PAGE 2 OF 5 NEW HERITAGE THEATRE COMPANY • 0 The City may terminate this Agreement for any reason at any time by giving at least fourteen (14) calendar days' notice in writing to New Heritage. In the event of termination or default for non-performance by the City, then City shall compensate New Heritage for reasonable accrued costs for actual time spent writing the Play, less payments of compensation or deposits already paid. In no event shall such costs exceed the total contribution specified herein. The City shall not be responsible for the cost of services performed or expenses incurred subsequent to such notice of termination. 8. Ownership of the play. The City, recognizing that the Play is the exclusive artistic creation of the Author, Sandra Cavanaugh, a member or the Dramatists Guild, agrees that it will not make, require, or permit to be made any addition, omission and/or alteration of the Play without the prior written consent of the Author. Any change, in the manuscript, stage business, or performance of the Play suggested by the City or any third party, which is acceptable to the Author, shall be the property of the Author, free and clear of all liens and encumbrances, and the Author shall not be obligated to make any payments to any person who makes or suggests any changes in the Play. Neither the City nor any person under its control, direction or employ, shall, publicly or privately, directly or by implication, represent, imply or agree that the Play is a collaborative or joint project or a Joint Work as defined in 17 U.S.C. Section 101, or that the authorship of the play is held by any Person other than the Author. 9. Performance. It is anticipated by the parties that this Play will be performed by New Heritage after it is completed. Should the City choose to make an additional contribution to New Heritage for performance of the Play, the terms and conditions of such arrangement shall be executed separately from this Agreement. 10. Entire agreement. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by a mutually agreed upon written instrument duly executed by both parties. 11. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 12. Notices and changes of address. All notices shall be sent to the addresses set forth in the first paragraph of this AGREEMENT TO COMMISSION WRITTEN WORK PAGE 3 OF 5 NEW HERITAGE THEATRE COMPANY 0 0 document. Each party shall give written notification of any change of address prior to the date of said change. 13. Hold harmless and indemnification. New Heritage agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any damages or losses of any nature whatsoever, including damage or loss to New Heritage, and all liability or expense for any causes of action arising from or connected with the services provided by New Heritage, its agents, employees, assigns, heirs, or representatives pursuant to this Agreement, whether brought against City by third parties or otherwise, unless caused by the sole negligence of City. 14. Independent entity. It is the express intention of the parties that New Heritage, and any official, agent, or employee thereof, is an independent entity and is not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between New Heritage and City or between New Heritage and any official, agent, or employee of City. Both parties acknowledge that New Heritage is not an employee of the City. New Heritage shall retain the right to perform services for others during the term of this Agreement. 15. Discrimination prohibited. In performing the services set forth herein, New Heritage shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 16. Attorney's fees. In any action by the City or New Heritage for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 17. Governing law. This Agreement shall be governed by the laws of the State of Idaho and the City Code of the City of Meridian. 18. Assignment or transfer of agreement prohibited. New Heritage acknowledges and agrees that an essential element of this Agreement is the skill and creativity of New Heritage and any persons employed or utilized by New AGREEMENT TO COMMISSION WRITTEN WORK PAGE 4 OF 5 NEW HERITAGE THEATRE COMPANY 0 Heritage. New Heritage shall not, therefore, in any manner, directly or indirectly, by operation of law or otherwise, hypothecate, assign, transfer, or encumber this Agreement or any portion thereof or any interest therein, in whole or in part, to any third party without express, prior written consent of City. New Heritage shall not subcontract outside of New Heritage any work to be done pursuant to this Agreement without the written consent of the City. 19. Binding agreement. This Agreement shall be binding on the parties hereto and their heirs, executors, administrators, successors, personal representatives, and assigns; provided, however, neither this Agreement nor any part hereof, except for monies previously earned and due to New Heritage may be assigned to anyone without the written consent of the City. 20. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council approval hereof. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on this - day of , 2006. CITY: Mayor de Weerd � r Attest:*e` g�►► °� a =00 BEAL City Clerk' s �( 'Ile NEW HERITAGE THEATRE: AGREEMENT TO COMMISSION WRITTEN WORK NEW HERITAGE THEATRE COMPANY PAGE 5 OF 5 August 11, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Agreement to Spon Theatre Company AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: 15, 2006 ITEM NO. of Written Work for The New COMMENTS See aMached rr V--,", 0 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubk meefts shag become properly of the CHy of Merman. 5- 0 0 AGREEMENT TO SPONSOR DEVELOPMENT OF WRITTEN WORK THIS AGREEMENT made this day of , 2006, between The New Heritage Theatre Company (hereinafter referred to as "New Heritage"), located at 723 Taylor, Meridian, Idaho, 83642/P.O. Box 44269, Boise, Idaho, 83711 and the Mayor's Anti - Drug Coalition, by and through the City of Meridian (hereinafter referred to as "City"), located at 33 East Idaho Avenue, Meridian ID, 83642. The City has designated New Heritage to create the written work herein described. WHEREAS, New Heritage is a professional theater company comprised of a resident repertory company, a theatrical training conservatory and educational and community outreach programs; and, WHEREAS, New Heritage is a non-profit organization exempt from federal taxes under 26 U.S.C. § 501(c)(3); and, WHEREAS, the Mayor's Anti -Drug Coalition, by and through the City, desires to contract for the work of New Heritage and to commission New Heritage to create a written work, specifically, a play promoting a drug-free lifestyle and a drug-free community (hereinafter referred to as "Play"); and, WHEREAS, the parties wish the creation of the Play to be governed by the mutual obligations, covenants, and conditions herein; NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 1. Play specifications. New Heritage hereby agrees to hire Sandra Cavanaugh to write and direct the development of the Play entitled "Tuned Out" as a part of their on going RESPONSE PROGRAM. The Play shall be written to be one (1) hour in length when it is performed as written. The focus of the Play shall be the promotion of a drug-free lifestyle and drug-free community and may depict the contrast thereof with the damage caused by drug use to individuals and entities including, but not limited to, individual users, their families, friends, and co-workers, and the community. Sponsorship contribution amount. The City's sponsorship contribution to the Play shall be twelve thousand, five hundred dollars ($12,500.00). This amount shall not include performance of the Play. While the City shall administer the funds for payment of the purchase price, no tax revenues shall be expended for such payment; rather, such funds shall be fundraising monies AGREEMENT TO COMMISSION WRITTEN WORK PAGE 1 OF 6 NEW HERITAGE THEATRE COMPANY provided by the Mayor's Anti -Drug Coalition. 2. Sponsorship credit. The City's sponsorship of the Play's development shall be acknowledged whenever the Play is performed and/or published, whether such performance and/or publication is of the Play in its entirety, or is of any component thereof. 3. Payment. Within 10 days of the signing of this agreement, the City agrees to pay a deposit of ten thousand dollars ($10,000.00). The remainder of the City's contribution, two thousand, five hundred dollars ($2,500.00) shall be paid upon completion of the Play. 4. Development of the Play; City's comments. The City recognizes that the creative process may be undertaken most effectively when the product thereof is not subject to the predilections of outside parties. Nonetheless, the City has a substantial interest in assuring that the completed Play reflects the values and achieves the objectives of the Mayor's Anti -Drug Coalition. Therefore, the development process shall include an ongoing dialogue between New Heritage and the City. New Heritage's liaison for this purpose shall be Sandra Cavanaugh, and the City's liaison for this purpose shall be Brenda Murdock. Ms. Cavanaugh shall communicate with Ms. Murdock throughout the Play development process regarding the content of the Play. As the Play is developed, Ms. Cavanaugh shall consider any suggestions and/or comments of the City as conveyed by Ms. Murdock, and shall incorporate such suggestions and/or comments into the Play where such incorporation does not impede Ms. Cavanaugh's creative autonomy. 5. Completion date. The completed Play shall be delivered to the City on or before the 20a` day of October ,2006. This completion date may be modified only as mutually agreed in writing by the parties. Time is of the essence with respect to the completion of the Play. 6. Termination. If either party willfully or negligently fails to fulfill its obligations under this Agreement, the other party shall have the right to terminate the Agreement, by giving written notice to the defaulting party of its intent to terminate and specify the grounds for termination. The defaulting party shall have fourteen (14) calendar days after receipt of the notice to cure the default. If the default is not cured, this Agreement shall terminate. The City may terminate this Agreement for any reason at any time by giving at least fourteen (14) calendar days' notice in writing to New Heritage. In the event of AGREEMENT TO COMMISSION WRrTTEN WORK PAGE 2 OF 6 NEW HERITAGE THEATRE COMPANY termination or default for non-performance by the City, then City shall compensate New Heritage for reasonable accrued costs for actual time spent writing the Play, less payments of compensation or deposits already paid. In no event shall such costs exceed the total contribution specified herein. The City shall not be responsible for the cost of services performed or expenses incurred subsequent to such notice of termination. Ownership of the play.The City, recognizing that the Play is the exclusive artistic creation of the Author (Sandra Cavanaugh, a member or the Dramatists Guild), agree that it will not make, require or permit to be made any addition, omission and/or alteration of the Play without the prior written consent of the Author. Any change in the manuscript, stage business, or performance of the Play suggested by the City or any third party, which is acceptable to the Author, shall be the property of the Author, free and clear of all liens and encumbrances, and the Author shall not be obligated to make any payments to any Person who makes or suggests any changes in the Play. The City represents and warrants that it shall not, and shall not permit any person under its control, direction or employ to publicly or privately, directly or by implication, represent, imply or agree that the Play is a collaborative or joint project or a Joint Work as defined in 17 U.S.C. Section 101, or that the authorship of the play is held by any Person other than the author. 10. Performance. It is anticipated by the parties that this Play will be performed by New Heritage after it is completed. Should the City choose to make an additional contribution to New Heritage for performance of the Play, the terms and conditions of such arrangement shall be executed separately from this Agreement. 11. Entire agreement. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by a mutually agreed upon written instrument duly executed by both parties. 12. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 13. Notices and changes of address. All notices shall be sent to the addresses set forth in the first paragraph of this document. Each party shall give written notification of any change of address prior to the date of AGREEMENT TO COMMISSION WRITTEN WORK PAGE 3 OF 6 NEW HERITAGE THEATRE COMPANY • said change. 14. Hold harmless and indemnification. New Heritage agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any damages or losses of any nature whatsoever, including damage or loss to New Heritage, and all liability or expense for any causes of action arising from or connected with the services provided by New Heritage, its agents, employees, assigns, heirs, or representatives pursuant to this Agreement, whether brought against City by third parties or otherwise, unless caused by the sole negligence of City. 15. Independent entity. It is the express intention of the parties that New Heritage, and any official, agent, or employee thereof, is an independent entity and is not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between New Heritage and City or between New Heritage and any official, agent, or employee of City. Both parties acknowledge that New Heritage is not an employee of the City. New Heritage shall retain the right to perform services for others during the term of this Agreement. 16. Discrimination prohibited. In performing the services set forth herein, New Heritage shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 17. Attorney's fees. In any action by the City or New Heritage for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 18. Governing law. This Agreement shall be governed by the laws of the State of Idaho and the City Code of the City of Meridian. 19. Assignment or transfer of agreement prohibited. New Heritage acknowledges and agrees that an essential element of this Agreement is the skill and creativity of New Heritage and any persons employed or utilized by New Heritage. New Heritage shall not, therefore, in any manner, directly or indirectly, by operation of law or otherwise, hypothecate, assign, transfer, or encumber this Agreement AGREEMENT TO COMMISSION WRITTEN WORK PAGE 4 OF 6 NEW HERITAGE THEATRE COMPANY or any portion thereof or any interest therein, in whole or in part, to any third party without express, prior written consent of City. New Heritage shall not subcontract outside of New Heritage any work to be done pursuant to this Agreement without the written consent of the City. 20. Binding agreement. This Agreement shall be binding on the parties hereto and their heirs, executors, administrators, successors, personal representatives, and assigns; provided, however, neither this Agreement nor any part hereof, except for monies previously earned and due to New Heritage may be assigned to anyone without the written consent of the City. 21. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council approval hereof. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on this day of , 2006. CITY: City of Meridian Mayor Tammy de Weerd Attest: City Clerk NEW HERITAGE THEATRE: AGREEMENT TO COMMISSION WRrrrEN WORK PAGE 5 OF 6 NEW HERITAGE THEATRE COMPANY Sandy Cavanaugh, Director AGREEMENT TO COMMISSION WRITTEN WORK PAGE 6 OF 6 NEW HERITAGE THEATRE COMPANY August 11, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Public Works Department - Len Grady ITEM NO. 6-A-1 REQUEST Agreement for Hookup of City of Meridian Sewer and Water Services for JLJ Enterprises for Bittercreek Meadows Subdivision 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: Matedab presented at public nmo* as shag become properly of the Clly of Mwkk n. ADA COUNTY RECORDER J. D NAVARRO AMOUNT .00 9 BOISE IDAHO 08/24/08 01:61 DEPUTY ECO DED- REQUr Ron OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III City of Meridian 106137050 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this� day of 2006, by and between CITY OF MERIDIAN, a Municipal corporation of the State o daho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC., as hereinafter defined and hereinafter referred to as "SEWER/WATER USER" and/or "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "JLJ Enterprises Inc." is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, more particularly described as the amended plat of BITTERCREEK MEADOWS SUBDIVISION, according to the official plat thereof recorded on the 27h day of June, 2006 in Book 95 of plats at pages 11732 through 11735, as instrument No. 106102994, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops a Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code 1.5 WHEREAS, the "JLJ Enterprises Inc." is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "JLJ Enterprises Inc." is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "JLJ Enterprises Inc." subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "JLJ Enterprises Inc." provide perpetual consent to annexation of the "Real Properly" in to the "City"; and 1.7 WHEREAS, City and JLJ Enterprises have previously executed a AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -1 Memorandum of Understanding dated October 4, 2005 regarding this matter, and that Memorandum of Understanding contemplated that the parties would execute this detailed agreement to contain additional details about the terms and conditions. 2. 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to JLJ Enterprises Inc. And/or the person who is the developer of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the Cities ordinances that appertain to the regulation and control and use of its Sewer/Water system and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the Cities Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER / WATER HOOKUP SERVICE: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 i 9 The Developer has constructed gravity sewer lines within the subdivision which will be owned and operated by the City. At the terminus of the gravity lines the City will construct a lift station. The City will construct a dual force main from the lift station approximately 2 miles to a gravity sewer main to be constructed in Ten Mile at the 'W'est entrance of the proposed SouthRidge Subdivision. The City shall design and construct the lift station to be owned and operated by City. Prior to completion of construction of the lift station, force main, and connectivity to SouthRidge, the developer is responsible for collection and disposal of sewage and the City will not be responsible for collection, but City agrees to accept the sewage at its treatment plant at no charge. The developer shall provide adequate power to the site, as approved by the City. The Developer shall acquire all easements required. The Developer shall donate %a acre for the lift station site at a mutually agreed location. The Developer shall cover all hookup fees which can not be collected by the City. The Developer shall donate all collection and distribution lines. The "City" agrees to allow a connection to the "Sewer/Water System to service the "Real Property" subject to the terms and conditions of this Agreement, which is conditioned upon the following: 1. The Developer shall be responsible for constructing the sewer lines from each lot with in the Bittercreek Meadows Subdivision to the proposed lift station. 2. The Developer shall construct a potable water well at Developer's cost in the subdivision under water right No. 63-31957 attached as Exhibit `B" and approved by DEQ see attached Exhibit "C". The Developer agrees to provide telecommunication and standby power at well house. The City shall assume operation and maintenance of the well upon satisfactory completion of well and water distribution lines. The City will approve all plans for the construction of the well provided that City standards are met. The Developer agrees to donate the well and well lot, pump house, and water right. The Developer shall provide and maintain adequate power to the site. The HOA shall maintain the landscaping at the well site. 3. The City will design and construct a sewage lift station at a location suitable to the City for the potential of becoming a regional lift station. The Developer agrees to donate a lot sized %z acre minimum suitable to house the proposed future regional lift station. The Developer shall provide and maintain adequate power for the lift station. The HOA shall maintain the landscaping around the lift station. 4. MJ Enterprises Inc. shall provide Consent to Annexation, (See attached exhibit "D') for each of the twenty four (24) residential building lots AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 0 • plus the three (3) common lots of Bittercreek Meadows upon recording of the plat. The Consent agreement shall inform any potential buyer of a residential building lot that when the subdivision becomes contiguous to the City of Meridian city limits, that the twenty four (24) residential building lots will be annexed into the City of Meridian. S. JT J Enterprises Inc. shall be required to supply an RE -26, Sellers Property Condition Disclosure Form for New Construction Only and/or RE - 25, Seller's Property Disclosure Form whenever a residential building lot is sold to inform the prospective buyer that the lot will have to be annexed into the City of Meridian when the City becomes contiguous. Additionally, if the building lot is sold without a licensed realtor, then and in that case, the Consent to Annexation Agreement, which would have been recorded against the property, would then tie the property into annexation into the City of Meridian. See attached Exhibit "D". 6. Each lot shall pay a sewer/water assessment fee for each of the twenty four (24) residential lots prior to the City's release of the Non -Build Agreement for that particular lot. Each lot shall also execute Non -Build and Non -Occupancy Agreements prior to execution of this Agreement, attached as exhibits "E" and "F". The Developer agrees to pay to City all hookup fees which are not collected by the City. 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", JLJ Enterprises Inc. or by any successor or successors in title or by the assigns of the parties hereto gives consent to such annexation, agrees to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. This provision of this AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 Agreement is a written request and application for such annexation in accordance with I.C. § 50- 222 or any amendments or recodification of said statute. g. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9'. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "JLJ Enterprises Inc." cost, and submit proof of such recording to JLJ Enterprises Inc. 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or JLJ Enterprises, 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. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "JLJ Enterprises Inc. 99 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. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 12. NOTICES: 12.1 Any notice esired 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, retnn receipt requested, addressed as follows: CITY: PROPERTY OWNER: C/o Meridien City Engineer JLJ Enterprises Inc. City of Meridian 1560 Carol Street 33 E. Idaho Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 with copy to: City Clerk City of Metdian 33 E. Idaho IAve. Meridian, Idaho 83642 12.2 A party shad have the right to change their address by delivering to the Z er party written notification thereof in accordance with the uirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party s all be entitled, in addition to any other relief as may be granted, to court costs and reason le attorney's fees as determined by a Court of competent jurisdiction. This provision shall t a deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIlVIE IS OF THE ESSENCE: The parties hereto a 'knowledge and agree that time is strictly of the essence with respect to each and every term, cox dition and provision hereof, and that the failure to timely perform any of the obligations hen under shall constitute a breach of and a default under this Agreement by the other party so fa ling to perform. 15. BINDING UPON SUCCESSORS: AGREEMENT FOR HOOKUP 10 THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM O SIDE THE CITY LIMITS -6 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 of the property, each subsequent owner and each 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. 16. 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 there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between JId Enterprises Inc. 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 JLJ Enterprises Inc. 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", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 0 ACKNOWLEDGMENTS 9 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner By Janes L. Jewets President CITY OF MERIDIAN By: MAYOR DE WEERD ATTEST: ````\`���OF r►r►►►r��������''''r a OE WIL IAM G. BERG,JRjfCft9CLE 1E, Ail BY RESOLUTION NO. q?, STATE /f ���iN►f l r tr ill����i�j, STATE OF IDAHO, ) SS. County of Ada) Aarv44 bW O'(vwned 9-155 0& On this i I t 0 day of u in the year 200k, before me, the undersigned, a Notary Public, personally app ed, James L. Jewett, known or identified to me to be the President of JLJ Enterprises Inc., who executed the instrument. souse WHEREOF, I have hereunto set my hand and affixed my official seal, the �' cktificate first above written. (SEAL) • ! ; Notary Public f daho Residing at: -._ �• My Commission Expires: rrrrrsr� AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -8 STATE OF IDAHO, ) . ss. County of Ada ) On this I'vi day ofucka in the year 2004 before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) A(kM4Yu-*'- Notary Public for Idaho Residing at: JJLt(V jar, My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -9 -- -..a14= uw L-rrnu 0 N W uJtj_7a 1 P.1 GPS, BOUNDARY, AKI V* W TOPOGRAPHIC AND A.L.T.A. S SURVEYS Land Surveying, Inc. CONSTRUMONSTAMNG 3D SCANNING •1121 E. State Street - Suite 105 - Eagle, Idaho 83616 - office: 1-208-939-7373 * fax.. 1-208-939.7321 EXHIBIT "A" LEGAL DESCRIPTION FOR DAN RICHARDS Bittercreek Meadows Job No. 05837 J.B.F. 9-13-05 Part of the Northwest 1/4 of the Northeast 1/4 of Section 34, Township 3 North, Mange 1 West of the Boise Meridian, Ada. County, Idaho described as; Commencing at the Northwest corner of Section 34, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho and numing thence X89° 1 T 12"E.2635.08 feet along the North line of said Section to the North 1/4 corner of said Section; thence S89°18' 18" E 15.00 feet along said North line to the Point of Beginning, S00°49'37"W 666.78 feet; S89-21 100-E 660.00 feet; thence S00°4937"W 660.00 feet; thence, S89°21'00"E 636.27 feet to the Northeast 1/16 corner of said Section; thence N00038'53"E 1325.77 feet to a point on the North line of said Section (said point being the East 1/16 comer of said Section); thence N89° 18'1 8"W 777.66 feet along said North line; thence S00°49'3 TW 212.50 feet; thence N89° 18'l 8"W 264.72 feet; thence N00°49'3T� 164.50 feet; thence S$9°18'I8"E 264.72 feet; thence N00°49'37"E 48.00 feet to a point on the North line of said Section; thence N89°18'18"W 514.47 feet along said North line to the point of beginning. Parcel contains 28.41 acres. :uhf 7c,R23 Of R. M E=IT `B1" State of Idaho Department of Water Resources Permit to Appropriate Wafter NO. 63-31957 Priority: May 26, 2004 This is to certify, that J L J ENTERPRISES INC 408 S EAGLE RD STE 103 EAGLE ID 83616 has applied for a permit to appropriate water from: Source: GROUND WATER and a permit is APPROVED BENEFICIAL USE DOMESTIC FIRE PROTECTION GROUND WATER NWYNE% GROUND WATER - NW"/NE% PLACE'OF USE: DOMESTIC & Twp Rge Sec I NE J 03N 01W 34 i HE • j Nw j SW DIEL L 1 1. 2. 3. 4. 5. 6. 7. 8. I of water as follows: Maximum Diversion Rate: SE RATE OF DIVERSION 1 0.47 CFS 06- 2.23 CFS 34, lwp 03N, Rge 01W, B.M., ADA County 3 3N, Rge 01W, B.M., ADA County 2.70 CFS SE i HE jNWjSWjSE AEINWjSW1SE L Totals 1 1 Proof of application of water to bene 1 us su - fore May 01, 2007. Subject to all prior water rights. Project construction shall comme ar 4 it issuance and shall proceed diligently to completion un o a of the Director of the Department of Water Resources tha duet s ver which the permit holder had no control. Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestant(s) and the right holder under separate agreement to which the Department is not a party and which may be enforceable by a court of law, Domestic use is for 24 homes within Bittercreek Meadows Subdivision. Water shall not be diverted for fire protection use under this right except'to fight or repel an existing fire. Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality. Page 2 State of Idaho EXHIBIT `B2" Department of Water Resources Permit to Appropriate Water NO. 63-31957 9. The right holder shall make full beneficial use of all surface water rightsavailable to the right holder for irrigation of the subdivision lots authorized to be irrigated under this right. The right holder shall limit the diversion of ground water under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right. 10. If the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on any other place of use, this right to divert groundwater shall not be used for irrigation purposes without an approved transfer pursuant to Section 42-222,"Idaho Code, or approval of the Department if a transfer isnot treuired. 11. This right does not grant a rif-way or easement across the land of another. 12. After specific notification by e device or shall enter into an - gr diverted from power records n, 13. The Director retains jurisdict flow or stored water to offs purposes. Tile amount of needed for this .purpose, will by the use of water pursuant This permit is' issued pursuant to the Director, affixed at Boise, this tment, the right holder shall install a suitable measuring with the Department to determine the amount of water agnually report the information to the Department. Or • right holder to provide purchased or leased natural of Lo r Snake River flows if needed for salmon migration ad to • released into the Snake River or a, tributary, if ined b the Director based upon the reduction in flow caused �.. Witness the signature of 120-06— Director 0Q6— Director 0 STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY • 1410 North Hilton • Boise, Idaho 83706-1255 • (208) 373-0502 Dirk Kempthome, Governor Toni Hardesty, Director August 31, 2005 TSCPE-8712005 Jim Jewett 516 S. Capitol Boulevard Boise, Idaho 83702 RE: Bittercreek Meadows Subdivision (Kung Ada County) Engineering Report Approval; Well Site Conditional Approval; Well Construction Approval; and Groundwater Under Direct Influence of Surface Water (GWUDI) Determination Dear Mr. Jewett: L Engineering Report, Well site, and Well Construction Conditional Approval: A. A report entitled, New Public Water System Engineering Report (report), was submitted by SPF Engineering, LLC. This report appears to meet the requirements of the Idako Rules, for Public Drinhng Water Systems (IRPDWS), Section 551.01, and is hereby approved. B. SPF Water Engineering, LLC has submitted the required information on the well site and has certified that the site is generally acceptable for a new Public Water System well. We have reviewed that information and are approving the site per the IRPDWS, Section 550.03.a, subject to the conditions in part IL C. SPF Water Engineering, LLC has submitted the plans and specifications for a public water system well, which appear to meet state of Idaho standards, and are conditionally approved as noted in part M. H. Standard Conditions: A. The approval is for the well site and well construction only: Construction of the well house and distribution system components cannot begin until plans and specifications are approved by the Department of Environmental Quality .(DEQ). The plans, specifications, and related documents will have to verify and augment the data provided tri the initial Well Site Evaluation, ensuring full conformance to the IRPDWS. B. The standard conditions on the Department of Environmental Quality (DEQ) review stamp are part of this approval. Supporting reports or documents are considered to be part of the approved documents. C. No work may begin until a copy of this approval letter and the approved plans and specifications are delivered to and kept on the job site. Approval conditions must be met and you, as the project owner, must ensure that the contractor, inspecting, and certifying engineer are aware of these conditions. The project engineer must stake where the well will be drilled in accordance with the DEQ approved well site plan. D. Per the project documents, a professional engineer or construction inspector under the supervision of a professional engineer with SPF Water Engineering shall provide construction inspection sufficient. to ensure the project is built in substantial accordance with the approved plans. DEQ approval, prior to construction, is required for any substantial deviations from the approved plans and specifications. Verbal approvals, if Add Jewett August 31, 2005 Page 2 any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings. E. Within thirty (30) days after construction, a professional representing SPF Water Engineering shall provide DEQ with either: 1) record drawings with a cover letter. as described in Item LD, or 2) a letter of certification stating that the project was installed in substantial accordance with the approved plans. F. DEQ is conducting a concurrent review with Idaho Department of Water Resources (IDWR); we recommend that your engineer contact IDWR early regarding the well design and drilling program. The IDWR contact is Rob Whitney at 334-2190. G. The Application For Drilling Permit from IDWR contains conditions that are an essential .part of the subject plans and specifications. A copy of the Application For Drilling Permit and the DEQ approved plans and specification must be maintained at the drill site. H. To assist you in obtaining a timely review of this project, please avoid the following errors that have been found in recent plans, specifications, and related documents: 1. Improper separation distances between the well and pavement, property lines, and public easements. 2. Failure to divert runoff as far from the well site as practical (minimum of 50 feet). 3. improper ' use of the well site for •parldng and storage of inappropriate materials (petroleum products, chemicals, etc). 1. Once the well is complete, it will need to be tested by the owner for compliance with federal drinking water regulations. Testing must be done by a certified laboratory, and the test results will need to be approved by DEQ before the water may be distributed to the public. Please call Brandon Lowder of the DEQ Boise Regional Office, at 373-0568, for a list of monitoring requirements. J. This approval will be voided if 1) construction is not completed by August 31, 2006; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. K. No significant deviations can be made from the approved plans without DEQ's prior written approval. IM PROJECT SPECIFIC CONDITIONS: A. Part 2.02 of the technical specifications does not indicate a design entrance velocity for the well screen. The final design entrance velocity must be less than 0.1 Ws. B. Part 2.05 of the technical specifications for this project describe three different materials for use in constructing the well seal: neat cement grout, bentonite grout, and bentonite chips. Bentonite chips cannot be used unless there is a minimum of four (4) inches between the outside of the well casing and the edge of the bore hole. In addition, if grout is used, it must be installed under pressure by means of a grout pump from the bottom of the annular opening upward in one continuous operation until the annular opening is filled (RSWW 3.2.5.9.4.3). C. Part 3.05 of the technical specifications for this project indicates the well casing shall -extend a minimum of 12 inches above finished grade. This must be increased to a minimum of 18 inches per IDAPA 58.01.08.550.03.1.i. Jim Jewett August 31, 2005 Page 3 IV. GROUNDWATER UNDER DIRECT INFLUENCE OF SURFACE WATER (GWUDI): Idaho is required by federal drinking water regulations to determine whether groundwater sources serving public drinking water systems are directly influenced by surface water. "Groundwater Under the Direct Influence of Surface Water" (GWUDI) may contain disease causing organisms which are normally found only in surface water, and may require additional treatment including filtration and/or disinfection and contact time. Section 2.11, page 7, of the report states "Ground water under the direct influence (GWUDI) of surface water is not anticipated to be an issue since the well design (depth, annular seal, etc.) coupled with the impermeable stratified layers between the surface water and well screen should prevent any cross-flow contamination." The geologic media present at the site include fine-grained sediments, such as clays, which are notimpermeable, but do represent media with low to very low hydraulic conductivity. The lateral continuity of .these layers with low to very low hydraulic conductivity also affects the ability of the layers to inhibit the vertical migration of potential contaminants from the surface to the producing zones(s) of the well. However, considering the depth of the well, DEQ agrees that it is not likely to be directly influenced by surface water if a continuous surface seal is constructed as described in the technical specifications. You may want to update your report to rephrase this discussion in the context just provided From our review of the materials submitted for this project, we have classified this source as: "Groundwater" No further action is necessary Please call Brandon Lowder of the DEQ Boise Regional Office at 373-0568 with any questions on the ciassification. V. COMMENTS FOR YOUR CONSIDERATION: You should be aware that future federal regulations could affect the design and operation of water systems utilizing groundwater sources. A. In regard to Section 1.2, Figure 1-1, page 2 of the report: The location for this subdivision appears to be in an area where nitrate concentrations in the ground water are elevated above background Although some concentrations appear to be less than 2 mgt, some sample results indicate concentrations fell within the range of 2 to 5 mg/L (Idaho Department of Health and Welf t e, Division of Environmental Quality, May 1996). Exhibit 9 of the engineering report recommends drilling a test well and sampling for iron and other parameters; DEQ recommends testing for nitrate as well. B. In regard to Exhibit 9 of the report, Memo from Scanlon to Farrell dated October 3, 2004: DEQ recommends the test well process outlined in the memo with the addition of nitrate as an additional parameter to verify ground water quality. As noted in a previous comment, nitrate concentrations are elevated above background in this general area. It is not clear from the memo whether there is intent to speciate the ground water samples for radiological constituents of concern, or whether gross counts are the only objective. DEQ recommends `speciation for a more precise understanding of the constituents. DEQ also concurs with the recommendation in the memo to first construct a test well Besides allowing the sampling of the targeted ground water, it also will allow the sampling of the formations encountered at this location so a specific well design (screen slot size and length and gravel pack) can be tailored to the site specific conditions. This well could be smaller diameter, and be suitable as the domestic production well. The larger diameter well can be drilled for the fire water demand, based on the formation sampling and aquifer test of the initial test well. An aquifer test would verify the drawdown from pumping which will 0 Tim Jewett August 31, 2005 Page 4 • help refine the calculation of total dynamic head for pump specifications. The fire water well could also be a smaller well than that specified for a dual pump installation. C. The proposed "Groundwater Disinfection Rule" will evaluate groundwater sources that are not under the direct influence of surface water, for vulnerability to microbial contamination. If a source is found to be vulnerable, it may be necessary to install disinfection and contact time prior to distribution to the first customer. To provide for that possibility, the planning and layout of the' facility needs to include an evaluation of how the system could. be modified to supply an equivalent- 30 minute contact time with a minimum residual of 0.2 parts -per million of free chlorine. D. The proposed "Disinfectants Disinfection By -Products Rule" will regulate certain compounds that are formed when disinfectants combine with certain naturally occurring, organic constituents in water. Both of these rules are still under development, and are subject to change. Please contact me with any questions at 373-0175,.or via e. -mail at trov.thraU@, IQ.idaho.aov. Sincerely, Troy Thrall, E. Staff Engineer TT:sjt Enclosures: Approved Plans and Specifications C: Charles W. Ariss, P.E., Regional Engineering Manager, Boise Regional Office Larry Waters, DEQ Technical Services Mark Clough, P.E., DEQ Technical Services Diane Baconguis, DEQ Technical Services Tim Farrell, P.E., . SPF Water Engineering LLC Rob Whitney, IDWR Boise Field Office Todd Crutcher, Boise Regional Office TSCPE Reading File • BOISE IQAHQ 07/2010V- ,'55 PMV ..... •.•.� �v DEPUTY Allen • . RECORDED- - REQUEST F .n J Fnterprises 106116165 CONSENT TO ANNEXATION NOTIFICATION JU Enterprises, Inc., in accordance with the terms of the `Agreement for Hookup to the City of Meridian's Sewer/Water System Outside The City Limits', and the City of Meridian for the development of Bittercreek Meadows Subdivision agrees as follows: 1. JLJ Enterprises, Inc. is the owner of Lots 1 thru 14; 16 thru 27, Block 11 Lot 1, Block 2; Lot 1, Block 3, of Amended Plat of Bittercreek Meadows Subdivision, recorded at Book 95 of Plat, pages 11732, 11733, 11734, 11735, recorded on the 27 day of June, 2006, in the Records of Ada County, Idaho, Instrument No. 106102994. 2. JLJ Enterprises, Inc. hereby informs any potential or actual buyer of any lot in Bittercreek Meadows Subdivision, that the City of Meridian has extended sanitary sewer and domestic water to Bittercreek Meadows Subdivision. 3. When the subdivision becomes contiguous to the City of Meridian city limits, the subdivision will be annexed into the City of Meridian. 4. The purchase of a lot in this subdivision shall be deemed notice and actual consent to annexation by the City of Meridian. 5. The property owner shall not object to any annexation action taken by the City of Meridian in regards to their property in this subdivision. DATED THIS 18th day of July,.2006. E STATE OF IDAHO ) ) ss. County of Ada ) On this 18th day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared James L Jewett, Known or identified to me to be the President of JLJ Enterprises, Inc. that executed the instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. CONSENT TO ANNEXATION NOTIFICATION - Page 1 of 2 • 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. vi�,-t bMA V �Ot ha PUO Notary�Iicor Idaho Residing at �.� pg .•'r My commission expires: CONSENT TO ANNEXATION NOTIFICATION - Page 2 of 2 nvn uvvn1 t nwvttvIrt W. Lin 11H IT^miuty ntnuvni u.uu c BOISE IDAHO D71200 12:55 PPA RECORDED D- Allen lIl IIIIlIIIIIIII�iIlII111�I1I IIIII RECORDED -REQUEST OF JLJ Enterprises 106116166. " Non -Build Agreement AGREEMENT made this 18 day of July, 2006, by and between the City of Meridian, hereinafter referred to as "CITY" and JLJ Enterprises, Inc., hereinafter referred to as "DEVELOPER". The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: SECTION ONE DEVELOPER, as owner of the lot's known as Lot 1 thru 14 and 16 thru 27, Block 1, and Lot 1, Block 2, and Lot. 1, Block 3 of the amended plat of Bittercreek Meadows Subdivision, agrees not to build structures on those lot's until such time as the Meridian Public Works Department's water and sewer hook up fees for the above-named lot's have been paid. SECTION TWO DEVELOPER and CITY agree that no building permits will be applied for or issued on the lot until such time as the above-mentioned conditions have been met. This agreement will not affect the rights of the parties to issue or be issued a building permit, which would have been legally obtainable prior to the subdivision of the subject property. SECTION THREE This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by -either party or agent -of either. party that is not contained. in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties and endorsed heron. SECTION FOUR This agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties. IN WHITNESS WHEREOF, the parties have executed this agreement at the City of Meridian, the day and year first above written. CITY OF RIDIA By: Len Grady, P. ., City Engineer JLJ Ent4rMses, Inc. By: am�L7Jewett, STATE OF IDAHO, ) ss. County of Ada, ) On thigZth day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Len Grady, P.E., known to me to be the City Engineer 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 WITNE§$.Udg:,REOF, day and year f byre *, 0TH '- • SEAL r • s � :• ,9,�otlBLZ ', OF��.. STATE OF IDAHO, ) : ss. County of Ada, ) I have hereunto set my hand and affixed my official seal the NOTARY PUBI FOR IDAHO RESIDING AT UX\L'�_ MY COMMISSION EXPIRES - - On this 18th day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES L. JEWETT representing Bittercreek Meadows Subdivision, known to me to be the above-named person who executed the within instrument on behalf of JLJ Enterprises Inc., and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. T SEAL C+♦ #OTA*k PUBLIC 0F RY LIC FOR IDA O RESIDING AT MY COMMISSION EXPIRES EXHIBIT " F" Non -Occupancy Agreement AGREEMENT made this 18 day of July, 2006, by and between the City of Meridian, hereinafter referred to as "CITY" and JLJ Enterprises, Inc., hereinafter referred to as "DEVELOPER". The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: SECTION ONE DEVELOPER, as owner for the lot's known as Lot 1 thru 14 and 16 thru 27, Block 1, and Lot 1, Block 2 and Lot 1, Block 3 of the amended plat of Bittercreek Meadows Subdivision, agrees not to allow occupancy of any structures within that lot until such time as the Meridian Public Works Department water and sewer requirements for the above-named subdivision have been complied with. Developer shall provide formal notification of this agreement to each buyer at the time the lot is conveyed by the Developer. SECTION TWO CITY, in exchange for DEVELOPER'S agreement not to allow occupancy within the above-named Lot until the above-mentioned requirements are met, will not refuse to allow building permits to be issued by Ada County on the above-named lot's on the basis that the Meridian Public Works Department's water and sewer requirements have not been met. SECTION THREE DEVELOPER and CITY agree this agreement •will not affect the rights of the parties to issue or be issued a building permit which would have been legally obtainable prior to the subdivision of the subject property. SECTION FOUR This instrument contains the entire agreement between the parties, and no statement, Promises, or inducements made by either party or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties and endorsed heron. SECTION FIVE This agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties. IN WHITNESS WHEREOF, the parties have .executed this agreement at the City of Meridian, the day and year first above written. CITYOF RID By: Len Grady, P.E., City E gineer JL By STATE OF IDAHO, ) ss. County of Ada, ) On thisXth day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Len Grady, P.E., known to me to be the City Engineer 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 day and year first abQ)je yitten. SEAL `?favAl •�cSoftl OF A;• - STATE OF IDAHO, ) ss. County of Ada, ) have hereunto set my hand and affixed my official seal the NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES - On this 18 day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES L. JEWETT representing Bittercreek Meadows Subdivision, known to me to be the above-named person who executed the within instrument on behalf of JLJEnterprises, Inc., and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �•.•`��T T 004Q •• SEAL oTA • R s r I'UB0 .,�•,�1� OF l9*� oc NOTARY BLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES ADA COUNTY RECOR J. DAVID NAVARRO AMOUNT 9.00 BOISE IDAHO 0712@W12:55 PM DEPUTY — Allen II I I' II'I I'I I' II I II'I I' II'I'I'I'll'II RECORDED—REQUEST OF JU Enterprises 106116167 This sheet has been .added to document to accommodate recording information. • August 11, 2006 • Department Reports MERIDIAN CITY COUNCIL MEETING August 15,2W6 APPLICANT Public Works Department - Len Grady ITEM NO. 6-A-2 REQUEST Task Order, Scope of Work and Budget for Engineering Services for South Area Lift Station and Pipeline Project Amendment No. 2 with CH2M Hill AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aMoched 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 pubnc mee*w shNl become property of the City of Meridian. *RECEIVED idian AUG 0 6 2006 ks Dept. City of Meridian City Clerk office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 08/10/2006 Re: Proposed Agenda Items for August 15, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 15 City Council agenda, under Department Reports, for Council's consideration: South Area Lift Station and Pipeline Project Amendment No. 2. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $191,900. This is an extension of the South Area Lift Station and Pipeline Project agreement approved by City Council on the 3`d of January, 2006. This project provides engineering services for the final design of a lift station and pressure sewer in the south area. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lilt Station and Pipeline Project Amendment No. 2 with CH2M HILL for $191,900 and authorize the Mayor to sign IL Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 • AMENDMENT No. 2 TO THE • AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF MERIDIAN MASON CREEK LIFT STATION AND PIPELINES PROJECT BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Amendment is entered into by and between City of Meridian (OWNER) and C142M H 1, Inc. (ENGINEER). A. OWNER and ENGINEER entered into an Agreement (AGREEMENT) for Engineering Services for the City of Meridian Mason Creek Lift Station and Pipelines project, dated January 3, 2006. B. Article 5. 10, of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGENT as agreed to by OWNER and ENGINEER. C. OWNER and ENGINEER desire to amend the AGREEMENT. Now, Therefore, the pasties agree to the following modifications: See Attachments A and B. All other tenns and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HII.L, Inc. dated this day of By: Name Title For City of Meridian dated this day of , 2M. By: Name Title • Attachment A Scope of Services Project Understanding CI The City is planning for a lift station near the intersection of Amity and Lindy Roads to service the south Meridian area, including the Bitter Creek development. The size of this lift station is currently unknown, and is dependent on the ultimate size of the planning area. The use of this facility will be to convey flows through new pipelines to a new gravity system on Ten Mile Road just south of the I-84 freeway. Approximately 2.25 miles of new dual force main will be included in this project. Scope of Work CMM HILL will perform the tasks for design of the Bitter Creek Lift Station and forcemains as outlined below. Task 1 --Project Management 1.1 Siff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 1.2 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit a monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. 1.4 Project Quality Control Perform project quality control reviews of all deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform these final reviews. is 1.5 Opinion of Probable Costs. Opinions of probable construction cost will be prepared for each review meeting. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. 1.6 Schedule Evaluation An evaluation of the project schedule will include design, bid and award, equipment delivery (if long lead time), and construction schedule. Long lead items will be identified for prepurchase. Canal crossing schedules will be specifically addressed in the construction schedule. Early canal crossings may be required. Task 2—System Configuration CH2M HILL will develop three system configurations consisting of different pipe and lift station sizes, based on three assumed flow rates. The City will determine the proposed service area and chnnse one of the configurations fir design. A short one-page technical memorandum will be provided outlining the three system configurations. Task 3—Field Investigations 3.1 Survey 3.1.1 Mapping. The force main mapping area is generally confined to a GO -foot width or within the existing right of way of Amity Road between Lindy and Ten Mile Roads; and along Ten Mile Road between Amity and Victory Roads. CH2M HILL will determine the existing right of way from record information on file at the County Assessor's Office. No boundary or right of way surveys are included in this scope. '!he lift station site mapping is approximately 3h acre in size located near the intersection of Amity and Lindy Roads. Mobilization and Control Surveys CH2MHILL will provide a mobilization and control survey including: • Identification of project site. • Research of existing survey data. • Project limits in the field. • Detailed control survey sketch showing set control, found control, coordinate system and elevation benchmark datum. • Additional survey control points as required to map entire site. 0 Topographic Field Mapping 0 The topographic field mapping includes the identification and measurement of existing natural ground and improved structures, as a minimum, the mapping will include: • Adjacent boundary limits and constraints (Existing streets, fences, walls, lot lines, etc.) • Identification and measurement of existing, above ground utilities, water, sewer, telephone, power, gas, etc. and location of affiliated utility easements. • Mapping of existing structures including buildings, building overhangs, curb, gutter, sidewalks, fences, retaining walls, landscaping improvements, and any other topographic feature appropriate to the mapping project. • Measurement of existing natural features, trees, canals, ditches, berms, etc. • Measurements along critical topographic breakpoints and breakhnes to establish contour mapping at the specified contour interval. Data Reduction and Map Generation The field measurements, generally collected with automated surveying instruments and software, are downloaded and processed using Computer Aided Drafting and Engineering software. CH2M HILL will perform the data reduction and map generation and develop a certified topographic map and electronic Digital Terrain Model (1317A) files. A list defining the topographic feature codes as imported into the mapping software and ASCII list of all topographic and control survey points will be developed. Electronic files developed as, 3 - Dimensional AutoCAD file containing separate layers for topographic features, random points, breaklines, triangles, and final contours. 3.2 Geotechnical Evaluation Conduct field investigative work including 1 soil boring at the lift station site at every Y - mile along the force main alignment to establish design criteria for the geotechnical evaluation. This work will include utility locating and traffic control. We will perform a limited laboratory testing program consisting of index tests and soil classification. We will perform limited testing to evaluate corrosion potential of site soils. We do not expect to perform strength or deformation testing at this time. Analysis We will evaluate the data collected in the field and laboratory programs and recommend allowable bearing pressures based on presumptive values in the 2003 IBC. 0 • Reporting Prepare a geotechnical data report sunnmarizing all field activities and laboratory test results. The report will recommend design criteria for the pipeline and lift station construction, note presence of bedrock if found, and define expected water surface elevations, if water is encountered. We will include recommendations regarding access and constructability as appropriate. We will present final boring logs and test location sketches. Task 4 Design 4.1 Pumping System Evaluations Based on the results of Task 2, develop system curves for use with the pump selection process. Make selection of pumps considering design flows. Perform surge analysis of the lift station and forcemain. Select packaged lift station vendor. 4.2 Odor Control Evaluation Biofilter/carbon technology will used be to mitigate odors from the lift station and possibly at the terminus of the force main. Air injection will be provided at the lift station to control force main odors. Develop design criteria, size odor control equipment, and develop preliminary layouts. 4.3 Electrical and Instrumentation Evaluations. Develop the operational control, telemetry, and alarm requirements for the station. Define the required electrical power components for the lift station. Determine the requirements for power feed to the station. Develop one -line diagram for the facilities. 4.4 Permitting Evaluation Perform a field survey of all canal crossings to delineate possible wetlands. Identify and delineate existing wetlands within the project area using the required criteria and methodologies of the 1987 Corps of Engineers Wetland Delineation Manual. All previously delineated wetlands approved by the applicable regulatory agencies are to be verified and/or maps revised as necessary. Identify the hydrology characteristics, soil types, and floodplain boundaries, if applicable. Delineate the ordinary high water elevation of streams and ditches, and take photographs indicating wetlands and waters. CH2M HILL will outline the required permits for the project. We anticipate coordination with the Ada County Highway Department (ACHD), Idaho Department of Environmental Quality (IDEQ), and several Irrigation Companies. Meet with permit officials to determine permit requirements. 4.5 Prepare Plans and Specifications Using the mapping developed in Task 3, plan and profile sheets will be developed at 1 inch equals 40 foot scale. Major utilities will be contacted and utility maps will be obtained. Develop horizontal and vertical alignments of the dual forcemain within the public ROW of 0 0 Amity Road and Ten Mile Road. Traffic control requirements and required easements will be shown. Manhole designs and force main details will be developed. Lift station site plan, and paving and grading plans will be provided. Mechanical and electrical plans, sections, and details of the packaged lift station and odor control facilities will be developed. The following is the anticipated list of drawings: • Cover/Vicinity and Location Maps/Force Main Location Map • Abbreviations/General and Civil Legend/ Drawing Index • Seven Plan and Profile Sheets • Two Force Main Detail sheets • Lift Station and Odor Control Site Plans • Yard Piping/Paving and Grading • Sediment and Erosion Control Plan and Details/Civil Details • Structural Legend and Notes • Odor Control Buildings Foundation Plans/Miscellaneous Vaults and Boxes/Structural Standard Details • Process Mechanical Legend • Lift Station Plan, Section, and Details • Odor Control Building Plan and Sections • Odor Control Equipment Plan, Sections, and Details • Mechanical Standard Details • Electrical and I&C Legends • Site Power Plan/One Line Diagram • Power and Lighting Plans • Control Diagrams • Lift Station P&ID • Odor Control P&ID • Electrical and Instrumentation and Control Standard Details Specifications will be prepared using CH2M HILL standard specifications including CH2M HILL standard front end specifications. 4.6 Project Review Meetings Four copies of 50% and 906/6 project documents will be provided for City review and comment. Two project review meetings will be conducted, one at 50% complete and one at 90% complete levels. City Comments will be incorporated into the project documents. 4.7 Agency Approval Cance the 901/6 City comments are incorporated into the project documents, submittals for Agency approval to the Central Health District and IDEQ will occur. We will follow the standard IDEQ checklist during design to facilitate IDEQ approval to construct. An Engineering Report summarizing the design effort, will be prepared in accordance with IDAPA 58.01.16, Wastewater Rules, and submitted to IDEA. The Engineering Report will include the following sections: 0 • Coordination With Existing Facilities • Design Criteria • Site Evaluation and Layout • Process Units • Instrumentation and Control System • Collection System Piping Materials • Regulatory and Code Review • Cost Estimate • Schedule • Environmental Review 4.8 Final Bid Documents 0 Agency comments will be incorporated into the final. Bid documents and one set of electronic and 4 sets of printed documents will be delivered to the City. Assumptions • City will provide the professional engineer to provide construction inspection and record drawing preparation. • Landscaping and irrigation and emergency generation equipment design are not part of this scope • Packaged lift station and pre -fabricated equipment buildings will be used • Potholing and below grade manhole surveys will be performed on a case by cam basis as additional work. • City will file permit applications and pay associated fees • HDPE pipe will be used for the force main piping material C7 Level of Effort Attachment B Compensation r The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Project Management $17,000 2 System Configuration 6,900 3.1 Survey 18,700 3.2 Geotechnkml Evaluation 19,300 4 Design 130,00 Summary - All Tasks $191,900 Schedule The schedule for preliminary design is anticipated to take 4 weeks, 501/6 design another 4 weeks, and final design an additional 4 weeks. IDEQ approval will take 4-6 weeks, and final Biel Domment Preparation an additional 2-3 weeks. 0 C cu 5� X X y -- O All Cl Cl) -1.-a N _M -_ .0 C/31 M C O LL O Q XXX XX 0 -cu cu J �= w L cp J U)N0 m CL L >N_ N J LL N N +_ +r J C: O O cu O 0 -cu cu J Q. LL � U)N0 CL L >N_ J LL J 0 • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this day of 2006, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC., as hereinafter defined and hereinafter referred to as "SEWER/WATER USER" and/or "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "JLJ Enterprises Inc." is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, more particularly described as the amended plat of BITTERCREEK MEADOWS SUBDIVISION, according to the official plat thereof recorded on the 27th day of June, 2006 in Book 95 of plats at pages 11732 through 11735, as instrument No. 106102994, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops a Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code 1.5 WHEREAS, the "JLJ Enterprises Inc." is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "JLJ Enterprises Inc." is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "JLJ Enterprises Inc." subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "JLJ Enterprises Inc." provide perpetual consent to annexation of the "Real Property" in to the "City"; and 1.7 WHEREAS, City and JLJ Enterprises have previously executed a AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -1 0 Memorandum of Understanding dated October 4, 2005 regarding this matter, and that Memorandum of Understanding contemplated that the parties would execute this detailed agreement to contain additional details about the terms and conditions. 2. 1 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: 2.1 `City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to JLJ Enterprises Inc. And/or the person who is the developer of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the Cities ordinances that appertain to the regulation and control and use of its Sewer/Water system and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the Cities Sewer/Water, system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER / WATER HOOKUP SERVICE: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2 0 0 The Developer has constructed gravity sewer lines within the subdivision which will be owned and operated by the City. At the terminus of the gravity lines the City will construct a lift station. The City will construct a dual force main from the lift station approximately 2 miles to a gravity sewer main to be constructed in Ten Mile at the West entrance of the proposed SouthRidge Subdivision. The City shall design and construct the lift station to be owned and operated by City. Prior to completion of construction of the lift station, force main, and connectivity to SouthRidge, the developer is responsible for collection and disposal of sewage and the City will not be responsible for collection, but City agrees to accept the sewage at its treatment plant at no charge. The developer shall provide adequate power to the site, as approved by the City. The Developer shall acquire all easements required. The Developer shall donate % acre for the lift station site at a mutually agreed location. The Developer shall cover all hookup fees which can not be collected by the City. The Developer shall donate all collection and distribution lines. The "City" agrees to allow a connection to the "Sewer/Water System to service the "Real Property" subject to the terms and conditions of this Agreement, which is conditioned upon the following: 1. The Developer shall be responsible for constructing the sewer lines from each lot with in the Bittercreek Meadows Subdivision to the proposed lift station. 2. The Developer shall construct a potable water well at Developer's cost in the subdivision under water right No. 63-31957 attached as Exhibit "B and approved by DEQ see attached Exhibit "C". The Developer agrees to provide telecommunication and standby power at well house. The City shall assume operation and maintenance of the well upon satisfactory completion of well and water distribution lines. The City will approve all plans for the construction of the well provided that City standards are met. The Developer agrees to donate the well and well lot, pump house, and water right. The Developer shall provide and maintain adequate power to the site. The HOA shall maintain the landscaping at the well site. 3. The City will design and construct a sewage lift station at a location suitable to the City for the potential of becoming a regional lift station. The Developer agrees to donate a lot sized %Z acre minimum suitable to house the proposed future regional lift station. The Developer shall provide and maintain adequate power for the lift station. The HOA shall maintain the landscaping around the lift station. 4. JLJ Enterprises Inc. shall provide Consent to Annexation, (See attached exhibit "D") for each of the twenty four (24) residential building lots AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 plus the three (3) common lots of Bittercreek Meadows upon recording of the plat. The Consent agreement shall inform any potential buyer of a residential building lot that when the subdivision becomes contiguous to the City of Meridian city limits, that the twenty four (24) residential building lots will be annexed into the City of Meridian. 5. JLJ Enterprises Inc. shall be required to supply an RE -26, Sellers Property Condition Disclosure Form for New Construction Only and/or RE - 25, Seller's Property Disclosure Form whenever a residential building lot is sold to inform the prospective buyer that the lot will have to be annexed into the City of Meridian when the City becomes contiguous. Additionally, if the building lot is sold without a licensed realtor, then and in that case, the Consent to Annexation Agreement, which would have been recorded against the property, would then tie the property into annexation into the City of Meridian. See attached Exhibit "D". 6. Each lot shall pay a sewer/water assessment fee for each of the twenty four (24) residential lots prior to the City's release of the Non -Build Agreement for that particular lot. Each lot shall also execute Non -Build and Non -Occupancy Agreements prior to execution of this Agreement, attached as exhibits `B" and "F". The Developer agrees to pay to City all hookup fees which are not collected by the City. 5. CONDITIONS AND REQUIREMENTS OF SEWERIWATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", JLJ Enterprises Inc. or by any successor or successors in title or by the assigns of the parties hereto gives consent to such annexation, agrees to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. This provision of this AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 9 • Agreement is a written request and application for such annexation in accordance with I.C. § 50- 222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "JLJ Enterprises Inc." cost, and submit proof of such recording to JLJ Enterprises Inc. 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or JLJ Enterprises, 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. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting party shall then have thirty (30) days after delivery of notice of default to correct. the same before the non -defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "JLJ Enterprises Inc." 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. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 0 12. NOTICES: 12.1 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: PROPERTY OWNER: C/o Meridian City Engineer JLJ Enterprises Inc. City of Meridian 1560 Carol Street 33 E. Idaho Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. 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. 14. 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. 15. BINDING UPON SUCCESSORS: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 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 of the property, each subsequent owner and each 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. 16. 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 there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between JLJ Enterprises Inc. 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 JLJ Enterprises Inc. 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", a duly adopted resolution of "City". 18. TERNIINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ATTEST: WILLIAM G. BERG, JR., CITY CLERK BY RESOLUTION NO. STATE OF IDAHO, ) . ss. County of Ada) Property Owner By games L(Jewett it'Is President CITY OF MERIDIAN MAYOR TAMMY DE WEERD On this day of, in the year 2006, before me, the undersigned, a Notary Public, personally appeared, James L. Jewett, known or identified to me to be the President of JLJ Enterprises Inc., who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary lic for Idaho Residing at:7� My Commission Expires:l�, AGREEMENT FOK'ifQ-Ze TO THE CITY OF MERIDIAN'S SETiNER/WATER SYSTEM OUTSIDE THE CITY LIMITS 0 0 STATE OF IDAHO, ) ss. County of Ada On this day of , in the year 2005, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -9 •.•��- .... uv a � ..+ o n-r-unr i..esrtu P.ARRGPS, BOUNDARY, TOPOGRAPHIC AND ALTAS SURVEYS Land Surveying, Inc. CONSTRUCTIONSTAICNG 3D SCANNING •1121 E. State Street Suite 105 • Eagle, Idaho 83616 office: 1-288-939-7373 • fax. 1-288-939-7321 EXHIBIT "A" Job No. 05837 J.B.F. 9-13-05 LEGAL DESCRIPTION FOR DAN RICHARDS Bittercreek Meadows Part of the Northwest 1/4 of the Northeast 1/4 of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as; Commencing at the Northwest comer of Section 34, TDwnship 4 North, ,Range I West of the Boise Meridian, Ada County, Idaho and running thence`S89°1 T12"E.2635.08 feet along the North line of said Section to the North 1/4 comer of said Section; thence S8901 9118"E 15.00 feet along said North Iine to the Point of Beginning, S00049'37"W 666.78 feet; S89-2 1'00"E 660.00 feet; thence S00-49'3TW 660.00 feet; thencei S89°21'00"E 636.27 feet to the Northeast 1/16 corner of said Section; thence N00038'53"E 1325.77 feet to a point on the North line of said Section (said point being the East 1/16 comer of said Section); thence N8911811 8"W 777.66 feet along said North line; thence S00049'3 7-W 21250 feet; thence N89°18'18"W 264.72 feet; thence N00049'3TT 164.50 feet; thence S-89°18'I8"E 264.72 feed thence N00049'37"E 4$.00 feet to a point on the North line of said Section; thence N89118'18"W 514.47 feet along said North line to the point of beginning. Parcel contains 28.41 acres. LA ;Er7. 5 � C_ 7323 C*J A State of Idaho Department of Water Resources Permit to Appropriate Water NO. 63-31957 Priority: May 26, 2004 Maximum Diversion Rate: This is to certify, that J L J ENTERPRISES INC 408 S EAGLE RD STE 103 EAGLE ID 83616 has applied for a permit to appropriate water from: Source: GROUND WATER and a permit is APPROVED BENEFICIAL USE DOMESTIC i FIRE PROTECTION LOCATION OF POINTS OF D117d GROUND WATER NW'/4NE% GROUND WATER - NW'/4NE% PLACE *OF USE: DOMESTIC & 1. 2. 3. 4. 5. B. 7. 8. Twp Rge Sec I NE 03N 01W 34 I NE j NW j SW j SE L E j I of water as follows: sE RATE OF DIVERSION 1 0.47 CFS 2.23 CFS 344,, wp 03N, Rge 01W, B.M., ADA County 3N, Rge 01W, B.M., ADA County 2.70 CFS ' Sr I NE j NW j SW j SE i E j Nw j SW 1!!E— i Totals I - f Proof of application of water to enef al us su f.j d ' fare May 07, 2007. Subject to all prior water rights. u Project construction shall comme ar d it issuance and shall proceed diligently to completion un ow a of the Director of the Department -of Water Resources tha due t sta ver which the permit holder had no control. Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestant(s) and the right holder under separate agreement to which the Department is not a party and which may be enforceable by a'court of law. Domestic use is for 24 homes within Bittercreek Meadows Subdivision. Water shall not be diverted for fire protection use under this right except to fight or repel an existing fire. Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality. Page 2 State of Idaho EXHIBIT `B2" Department of Water Resources Permit to Appropriate Water NO. 63-31957 12. 13. The right holder shall make full beneficial use of all surface water rights -available to the right holder for irrigation of the subdivision lots authorized to be irrigated under this right The right holder shall limit the diversion of ground water under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right If the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on any other place of use, this right to divert groundwater shall not be used for irrigation purposes without an approved transfer pursuant to Section 42-222,'Idaho Code, or approval of the Department if a transfer is not required. This right does not grant a rig f -way or easement across the land of another After specific notification by device or shall enter into an diverted from power records The Director retains jurisdict flow or stored wafer to offs purposes. The amount of needed for this .purpose, will by the use of water pursuant This permit is' issued pursuant to the Director, affixed at Boise, this tment, the right holder shall install a suitable measuring ja ith the Department to determine the amount of water nually report the information to the Department iir&:right holder to provide purchased or leased natural of Lo r Snake River flows if needed for salmon migration :d to• released into the Snake River or a. tributary, if ined b the Director based upon the reduction in flow caused b - Witness the signature of 20 'O6— Director STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY • EXHIBIT "C" 1410 North Hilton • Boise, Idaho 83706-1255 • (208) 373-0502 Dirk Kempthome, Governor Toni Hardesty, Director August 31, 2005 TSCPE-97/2005 Jim Jewett 516 S. Capitol Boulevard Boise, Idaho 83702 RE: Bittercreek Meadows Subdivision (Kura, Ada County) Engineering Report Approval; Well Site Conditional Approval; We11 Construction Approval; and Groundwater Under Direct Influence of Surface Water (GWUDI) Determination Dear Mr. Jewett: L Engineering Report, Well site, and Well Construction Conditional Approval: A. A report entitled, New Public Water System Engineering Report (report), was submitted by SPF Engineering, LLC. This report appears to meet the requirements of the Idaho Rules for Public Drinking Water Systems (IRPDWS), Section 551.01, and is hereby approved. B. SPF Water Engineering, LLC has submitted the required information on the well site and has certified that the site is generally acceptable for a new Public Water System well. We have reviewed that information and are approving the site per the IRPDWS, Section 550.03.a, subject to the conditions in part IL C. SPF Water Engineering, LLC has submitted the plans and specifications for a public water system well, which appear to meet state of Idaho standards, and are conditionally approved as noted in part M. JEL Standard Conditions: A. The approval is for the well site and well construction only.. Construction of the well house and distribution system components cannot begin until plans and specifications are approved by the Department of Environmental Quality .(DEQ). The plans, specifications, and related documents will bave to verify and augment the data provided in -the initial Well Site Evaluation, ensuring full conformance to the IRPDWS B. The standard conditions on the Department of Environmental Quality (DEQ) review stamp are part of this approval.'Supporting reports or documents are considered to he part of the approved documents. C. No work may begin until a copy of this approval Ietter and the approved plans and specifications are delivered to and kept on the job site. Approval conditions must be met and you, as the project owner, must ensure that the contractor, inspecting, and certifying engineer are aware of these conditions. The project engineer must stake where the wellwill be drilled in accordance with the DEQ approved well site plan. D. Per the project documents, a professional engineer or construction inspector under the supervision of a professional engineer with SPF Water Engineering shall provide construction inspection sufficient to ensure the project is built in substantial accordance with the approved plans. DEQ approval, prior to construction, is required for any substantial deviations from the approved plans and specifications. Verbal approvals, if Jinn Jewett August 31, 2005 Page 2 any, shall be documented by the professional engineer in a cover Ietter submitted with the drawings. project record E. Within thirty (30) days after construction, a professional representing SPF Water Engineering shall provide DEQ with either: 1) record drawings with a cover letter. as d'escri'bed in Item LD, or 2) a letter of certification stating that the project was installed in substantial accordance with the approved plans. F. DEQ -is conducting a concurrent review with Idaho Department of Water Resources (IDWR); we recommend that your engineer contact IDWR early regarding the well design and drilling program. The IDWR contact is Rob Whitney at 334-2190. G. The Application For Drilling Permit from IDWR contains conditions that are an essential .part of the subject plans and specifications. A copy of the Application For Drilling Permit and the DEQ approved plans and specification must be maintained at the drill site. H. To assist you in obtaining a timely review of this project, please avoid the following errors that have been found in recent -plans, specifications, and related 'documents: 1. Improper separation distances between the well and pavement, property lines, and public easements. 2. Failure to divert runoff as far from the well site as practical (minimum of 50 feet). 3. improper' use of the well site for -parking and storage of inappropriate materials (petroleum products, chemicals, etc). Once the well is complete, it will need to be tested by the owner for compliance with federal drinking water regulations. Testing must be done by a certified laboratory, and the test results will need to be approved by DEQ before the water may be distributed to the public. Please call Brandon Lowder of the DEQ Boise Regional Office, at 373-0568, for a list of monitoring requirements. J. This approval will be voided if 1) construction is not completed by. August 31, 2006; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended K. No significant deviations can be made from the approved plans without DEQ's prior written approval, M PROJECT SPECIFIC CONDITIONS: A. Part 2.02 of the technical specifications does not indicate a design entrance velocity for the well screen. The final design entrance velocity must be less than 0.1 ft/s. B. Part 2.05 of the technical specifications for this project describe three different materials for use in constructing the well seal: neat cement grout, bentonite grout, and bentonite chips. Bentonite chips cannot be used unless there is a minimum of four (4) inches between the outside of the well casing and the edge of the bore hole. In addition, if grout is used, it must be installed under pressure by means of a grout pump from the bottom of the annular opening upward in one continuous operation until the annular opening is filled (RSWW 3.2.5.9.d.3). C. Part 3.05 of the technical specifications for this project indicates the well casing shall -extend a minimum of 12 inches above finished grade. This must be increased to a minimum of 18 inches per IDAPA 58.01.08.550.03.1.i. 9 0 Jim Jewett August 31, 2005 Page 3 IV. GROUNDWATER UNDER DIRECT INFLUENCE OF SURFACE WATER (GWUDI): Idaho is required by federal drinking water regulations to determine whether groundwater sources serving public drinking water systems are directly influenced by surface water. "Groundwater Under the Direct Influence of Surface Water" (GWUDI) may contain disease causing organisms which are normally found only in surface water, and may require additional treatment including filtration and/or disinfection and contact time. Section 2.11, page 7, of the report states "Ground water under the direct influence (GWLJDI) of surface water is not anticipated to be an issue since the well design (depth, annular seal, etc.) coupled with the impermeable stratified layers between the surface water and weII screen should prevent any, cross-flow contamination." The geologic media present at the site include fine-grained sediments, such as clays, which are not -impermeable, but do represent media with low to very low hydraulic conductivity. The lateral continuity of .these layers with Iow to very low hydraulic conductivity also affects the ability of the layers to inhibit the vertical migration of potential contaminants from the surface to the producing zones(s) of the well. However, considering the depth of the well, DEQ agrees that it is not likely to be directly influenced by surface water if a continuous surface seal is constructed as described in the technical specifications. You may want to update your report to rephrase this discussion in the context just Provided. From our review of the materials submitted for this project, we have classified this source as: "Groundwater" No further action is necessary Please call Brandon Lowder of the DEQ Boise Regional Office at 373-0568 with any questions on the classification. V. COMMENTS FOR YOUR CONSIDERATION: You should be aware that future federal regulations could affect the design and operation of water systems utilizing groundwater sources. A. In regard to Section 1.2, Figure 1-1, page 2 of the report: The location for this subdivision appears to be in an area where nitrate concentrations in the ground water are elevated above background. Although some concentrations appear to be less than 2 mg/L, some sample results indicate concentrations fell within the range of 2 to 5 mgt (Idaho Department of Health and Welfare, Division of Environmental Quality, May 1996). Exhibit 9 of the engineering report recommends drilling a test well and sampling for iron and other parameters; DEQ recommends testing for nitrate as well. B. In regard to Exhibit 9 of the report, Memo from Scanlon to Farrell dated October 3, 2004: DEQ recommends the test well process outlined in the memo with the addition of nitrate as an additional parameter to verify ground water quality. As noted in a previous comment, nitrate concentrations are elevated above background in this general area. It is not clear from the memo whether there is intent to speciate the ground water samples for radiological constituents of concern, or whether gross counts are the only objective. DEQ recommends'speciation for a more precise understanding of the constituents. DEQ also concurs with the recommendation in the memo to first construct a test well. Besides allowing the sampling of the targeted ground water, it also will allow the sampling of the formations encountered at this location so a specific well design (screen slot size and length and gravel pack) can be tailored to the site specific conditions. This well could be smaller diameter, and be suitable as the domestic production well. The larger diameter well can be drilled for the fire water demand, based on the formation sampling and aquifer test of the initial test well. An aquifer test would verify the drawdown from pumping which will Jim Jewett August 31, 2005 Page 4 help refine the calculation of total dynamic head for pump specifications. The fire water well could also be a smaller well than that specified for a dual pump installation. C. The proposed "Groundwater Disinfection Rule" will evaluate groundwater sources that are not under the direct influence of surface water, for vulnerability to microbial contamination. If a source is found to be vulnerable, it may be necessary to install disinfection and contact time prior to distribution to the first customer. To provide for that possibility, the planning and layout of the' facility needs to include an evaluation of how the system. could. be modified to supply an equivalent- 30 minute contact time with, a minimum residual of 0.2 parts per million of free chlorine. D. The ' proposed "Disinfectants -Disinfection By -Products Rule" will regulate certain compounds that are formed when disinfectants combine with certain naturally occurring, organic constituents in water. Both of these rules are still under development, and are subject to change. Please contact me with any questions at 373-0175,. or via e-mail at trov. thrallna deq Idaho goy. Sincerely, Troy Thrall, E. Staff Engineer TT:sjt Enclosures: Approved Plans and Specifications C: Charles W. Ariss, P.E., Regional Engineering Manager, Boise Regional Office Larry Waters, DEQ Technical Services Mark Clough, P.E., DEQ Technical Services Diane Baconguis, DEQ Technical Services Tim Farrell, P.E., . SPF Water Engineering LLC Rob Whitney, IDWR-Boise Field Office Todd Crutcher, Boise Regional Office TSCPE Reading File ..,. BOISE IDAHO 01120/06 12:55 PM • DEPUTY DAller+ RECORDED-REQU F ! I •rrJ Fnterprises 106116165 11 0.3 wo 9D CONSENT TO ANNEXATION NOTIFICATION JLJ Enterprises, Inc., in accordance with the terms of the `Agreement for Hookup to the City of Meridian's Sewer/Water System Outside The City Limits', and the City of Meridian for the development of Bittercreek Meadows Subdivision agrees as follows: 1. JLJ Enterprises, Inc. is the owner of Lots 1 thru 14; 16 thru 27, Block 1; Lot 1, Block 2; Lot 1, Block 3, of Amended Plat of Bittercreek Meadows Subdivision, recorded at Book 95 of Plat, pages 11732, 11733, 11734, 11735, recorded on the 27 day of June, 2006, in the Records of Ada County, Idaho, Instrument No. 106102994. 2. JLJ Enterprises, Inc. hereby informs any potential or actual buyer of any lot in Bittercreek Meadows Subdivision, that the City of Meridian has extended sanitary sewer and domestic water to Bittercreek Meadows Subdivision. 3. When the subdivision becomes contiguous to the City of Meridian city limits, the subdivision will be annexed into the City of Meridian. 4. The purchase of a lot in this subdivision shall be deemed notice and actual consent to annexation by the City of Meridian. 5. The property owner shall not object to any annexation action taken by the City of Meridian in regards to their property in this subdivision. DATED THIS 18th day of July,. 2006. E STATE OF IDAHO ) ) ss. County of Ada ) On this 18'' day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared James L Jewett, Known or identified to me to be the President of JLJ Enterprises, Inc. that executed the instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. CONSENT TO ANNEXATION NOTIFICATION - Page 1 of 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed, my official seal the day and year in this certificate first above written. G���� 1rtA V s°1 "R V G TE ov -,.�••. NotaryIic for Idaho Residing at My commission expires: CONSENT TO ANNEXATION NOTIFICATION - Page 2 of 2 nun VVV111 I JILVVIIIJW1 V. unite lyn Tnl{I{v RNIVVFTI V.UV BOISE IDAHO 07/20/06 12:55 PM DEPUTY Miki Allen ,RECORDED C REQUEST OF III IIIIIIIIIIIiIIIiIIIl�lll II ��1 • JLJ Enterprises 106 16166. Non -Build Agreement AGREEMENT made this 18 day of July, 2006, by and between the City of Meridian, hereinafter referred to as "CITY" and JLJ Enterprises, Inc., hereinafter referred to as "DEVELOPER". The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: SECTION ONE DEVELOPER, as owner of the lot's known as Lot 1 thru 14 and 16 thru 27, Block 1, and Lot 1, Block 2, and Lot. 1, Block 3 of the amended plat of Bittercreek Meadows Subdivision, agrees not to build structures on those lot's until such time as the Meridian Public Works Department's water and sewer hook up fees for the above-named lot's have been paid. SECTION TWO DEVELOPER and CITY agree that no building permits will be applied for or issued on the lot until such time as the above-mentioned conditions have been met. This agreement will not affect the rights of the parties to issue or be issued a building permit, which would have been legally obtainable prior to the subdivision of the subject property. SECTION THREE This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by either party or agent of.. either. par.ty that is not contained, in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties and endorsed heron. SECTION FOUR This agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties. IN WHITNESS WHEREOF, the parties have executed this agreement at the City of Meridian, the day and year first above written. CITY OF RIDIA By: Len Grady, P. ., City Engineer JLJ EnWrMses. Inc. in L. Jewett, U STATE OF IDAHO, ) ss. County of Ada, ) On thi_,j�&h day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Len Grady, P.E., known to me to be the City Engineer 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 WITN 'day and year fgv, , I have hereunto set my hand and affixed my official seal the •� 1 1 ■ ■ 1 j ■ SEAL t • 44 608808660 STATE OF IDAHO, ) ss. County of Ada, ) NOTARY PUB41,0 FOR IDAHO RESIDING AT"_ MY COMMISSION EXPIRES - - On this 18th day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES L. JEWETT representing Bittercreek Meadows Subdivision, known to me to be the above-named person who executed the within instrument on behalf of JLJ Enterprises Inc., and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ♦�G�'��T M��d°moi SEAL V #OTA$i, O� 4W•� pU8IAC' O OF 19 NU i ARY,PUBLIC FOR IDA O RESIDING AT MY COMMISSION EXPIRES 0 0 R� Non -Occupancy Agreement AGREEMENT made this 18 day of July, 2006, by and between the City of Meridian, hereinafter referred to as "CITY" and JLJ Enterprises, Inc., hereinafter referred to as "DEVELOPER". The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: SECTION ONE DEVELOPER, as owner for the lot's known as Lot 1 thru 14 and 16 thru 27, Block 1, and Lot 1, Block 2 and Lot 1, Block 3 of the amended plat of Bittercreek Meadows Subdivision, agrees not to allow occupancy of any structures within that lot until such time as the Meridian Public Works Department water and sewer requirements for the above-named subdivision have been complied with. Developer shall provide formal notification of this agreement to each buyer at the time the lot is conveyed by the Developer. SECTION TWO CITY, in exchange for DEVELOPER'S agreement not to allow occupancy within the above-named Lot until the above-mentioned requirements are met, will not refuse to allow building permits to be issued by Ada County on the above-named lot's on the basis that the Meridian Public Works Department's water and sewer requirements have not been met. SECTION THREE DEVELOPER and CITY agree this agreement will not affect the rights of the parties to issue or be issued a building permit which would have been legally obtainable prior to the subdivision of the subject property. SECTION FOUR This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties and endorsed heron. SECTION FIVE This agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties. IN WHITNESS WHEREOF, the parties have .executed this agreement at the City of Meridian, the day and year first above written. CITY OF RID By: Len Grady, P.E., City E gineer 0 JL M STATE OF IDAHO, ) ss. County of Ada, ) 1181 On thisXth day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Len Grady, P.E., known to me to be the City Engineer 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 abqwQ yQtten. SEAL • •:?'E OF �:•' STATE OF IDAHO, ) ss. County of Ada, ) NOTARY PUBLIC FOR IDAI- RESIDING AT MY COMMISSION EXPIRES On this 18 day of July, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES L. JEWETT representing Bittercreek Meadows Subdivision, known to me to be the above-named person who executed the within instrument on behalf of JLJEnterprises, Inc., and acknowledged to me that said company 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 .`a�'• dpi r' V #OT'4�p a I'UHL1G �,•�,lr� of JID- • _rte/ NOTARY• -P BLIC F R IDAHO RESIDING AT MY COMMISSION EXPIRES ADA COUNTY RWWER J. DAVID NAVARRO AMOUNT 9.00 3 BOISE IDAHO 071 12:55 PM DEPUTY Vik Allen RECORDED -REQUEST OF �II �������IIIIIIIIIIIIIIIIIIIII ��� ��� JU Enterprises 106116167 This sheet has been .added to document to accommodate recording information. August 11, 2006 FP 06-032 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Hightower, LLC ITEM NO. 8 REQUEST Tabled from August 8, 2006 -- Final Plat approval for 107 single-family & townhome residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C -C, R-8 & R-15 zones for Hightower Subdivision - SWC of Jericho Road & Chinden Boulevard AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes 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: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. n U BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HIGHTOWER, LLC FOR FINAL PLAT APPROVAL OF 107 SINGLE-FAMILY AND TOWNHOME RESIDENTIAL BUILDING LOTS, 23 COMMON LOTS, 3 COMMERCIAL BUILDING LOTS AND 2 OTHER LOTS ON 22.95 ACRES IN C -C, R-8, AND R-15 ZONES LOCATED ON THE SOUTHWEST CORNER OF JERICHO ROAD AND CHINDEN BOULEVARD IN A PORTION OF THE NE 1/ OF SECTION 30. T. 4N., R. 1E. C/C August 15, 2006 CASE NO. FP -06-032 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 15, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 15, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HIGHTOWER SUBDIVISION / (FP -06-032) Page 1 of 4 1. The Final Plat of "PLAT SHOWING HIGHTOWER SUBDIVISION LOCATED WITHIN A PORTION OF THE NE'/ OF SECTION 30, T. 4N., R. IE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 08/08/06, SHEET 1 OF 7, THE LAND GROUP, INC., HIGHTOWER, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 15, 2006, listing 30 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Phil Hull, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 15, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HIGHTOWER SUBDIVISION / (FP -06-032) Page 2 of 4 0 • discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HIGHTOWER SUBDIVISION / (FP -06-032) Page 3 of 4 Ll 0 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 15*11 day of ALAAugt, 92006. de WEERD ATTEST: WILLIAM G. BERG, JR., L�,�� •` ` Co u Copy served upon: ✓ Applicant���''�,foeoPaotesa9dea�r'�h`$as��w Planning and Zoning Department -Public Works Department City Attorney By JCL�L"Ot,k3 City Clerk's Office Dated: a4 -0 u ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HIGHTOWER SUBDIVISION / (FP -06-032) Page 4 of 4 CITY OF MERIDIAN PLIIING AND PUBLIC WORKS DEPAOENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: August 15, 2006 Transmittal Date: August 10, 2006 Mayor & City Council Sonya Watters, Assistant City Planner JW Michael Cole, Development Services Coordinator C Hightower Subdivision Request for Final Plat Approval of Hightower Subdivision Consisting of 107 Single-family and Town Home Residential Building Lots, 3 Commercial Building Lots and 23 Common/other Lots on 22.95 Acres in an R-8, R-15, and CC Zone by Hightower LLC. (File# FP -06-032). submittal and offer the following comments and conditions of the applicant. ie considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Hightower, has applied for final plat approval of 107 single-family and town home residential building lots, 23 common/other Lots, 3 commercial lots, 2 other lots on 22.95 Acres in an R-8, R-15, and C -C Zone. The proposed gross density of this phase of the development is 5.43 dwelling units per acre. The proposed net density is 7.16 dwelling units per acre. Hightower Subdivision is located south of Chinden Boulevard and west of Jericho Road, in a portion of the N.E. 1/4 of Section 30, TAN., R.IE. This property has not been previously platted. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Hightower Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -06-003), conditional use permit (CUP -06-004), development agreement (Instrument #106104202), and preliminary plat (PP -06- 003) for this subdivision. 2. The applicant shall submit documentation from the Fire Department that approves the size and location of the temporary turn -around easement prior to signature on the final plat by the City Engineer. 3. Parking shall be restricted on N. Morpheus Avenue and N. Maximus Place to one side of the roadway due to the reduced 29 -foot street section and be signed "No Parking" on one side of the street. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. Exhibit "A" FP -06-032 Hightower.FP.doc PAGE 1 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA&ENTS STAFF REPORT Prior to construction plan approval, the applicant shall revise the road section of the private streets to meet the minimum required 24 -feet of driving surface. No manholes or water valves shall be allowed to be placed in the landscape islands. If sewer or water mains are to be routed underneath them, then no trees will be allowed in the islands. The applicant shall coordinate with the Planning Department to meet this condition while still complying with all City Ordinance regarding landscaping. 7. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. Revise Block 7 on Sheet 1 of the plat to include lot lines between Lots 2-5 and Lots 7-10. 9. Revise the plat to depict the required 10 -foot wide street buffer landscape easements along the north side of E. Everest Street on Lots 3 & 4 and the east side of N. Saguaro Hills Way on Lots 2 & 3, Block 3. 10. Submit documentation from the Idaho Transportation Department (ITD) that the structural and noise suppression characteristics of the "Superior Ledgestone" style fence/wall meets their requirements for the wall/sound barrier adjacent to the residential portion of the development along State Highway 20/26 prior to signature on the final plat by the City Engineer. 11. All temporary turn-arounds, common driveways, and alleys shall be constructed to Fire Department Standards with an improved surface capable of supporting an imposed load of 75,000 lbs. and have a turning radius of 28' inside and 48' outside and a minimum clear driving surface which is 20' wide. 12. Revise or add the following note(s) on the face of the plat dated 8/8/06, prepared by The Land Group, Inc. and signed by, Hugh Edwards, prior to signature on the final plat by the City Engineer: 4.) Add Lot 13, Block 4 and Lot 9, Block 6 as common lots. 6.) Revise to read, "A 10 -foot wide public utilities, drainage and irrigation easement is hereby dedicated along all rear lot lines and lot lines common to the boun a of the subdivision." 7.) Revise to read, "... interior lot lines except for Lots 2, 3, and 4, Block 3, have a five ..." 8.) Include cross parking along with the cross -access for vehicular and pedestrian ingress and egress on Lots 2-4, Block 3. Also, include information in the note as to who will maintain the aisle and parking areas OR include this information in a document such as CC&R's. 10.) Revise Block 4 to reflect Block 3 instead. Also, Lot 13, Block 3 and Lot 9, Block 6 does not appear to be affected by the access easement; remove these lots from the note. 11.) The 50 -foot wide easement does not appear to apply to Lot 8, Block 10; revise accordingly. *.) Add note, "Bottom elevation of structural footings shall be set a minimum of 12 -inches above the highest established normal ground water elevation " *.) Add note, "Maintenance of M irrigation/drainage pipe or ditch crossing a lot is the responsibility of the lot owner unless that responsibility is assumed by an irrigation/drainage entity." *.) Add note, "The homes on Lots 2, 3. 4, and 5. Block 10 shall be limited to 25 feet in height. ' Exhibit "A" FP -06-032 Hightower.FP.doc PAGE 2 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPA*IENTS STAFF REPORT *.) Add note, "Direct lot access to E. Chinden Boulevard and N Jericho Road is prohibited." *.) Add note, "Fencing adjacent to Lot 13 on Lots 12 & 14 Block 3• Lot 9 on Lots 8 & 10 Block 6; Lot 1 on the south side of Lots 8 10 & 21 Block 6• Lot 1 on the south side of Lots 2 & 10 and the north side of Lot 11 Block 7• and Lot 18 on the south side of Lots 11-17 and on the north side of Lots 19-25 Block 9 shall be in compliance with the Fencing Standards of the City of Meridian in effect at the time of issuance of the fence permit." *.) Add note, "This plat is subject to a development agreement recorded as instrument number 106104202 of Ada County Records." 13. The Landscape Plan, prepared by The Land Group, and dated 6/12/06, shall be revised as follows: a. Revise the plant size in the plant schedule for the "Blue Chip Juniper" to a minimum 2 - gallon pot per UDC 11 -3B -5B. b. The symbol for the 4 -foot tall vinyl fence shown along the common areas/pathways does not seem to coincide with the 4' tall vinyl fence symbol shown in the Landscape Plan Legend; revise plan to reflect the correct symbol and numerical reference for a 4'tall solid vinyl fence adjacent to interior common open areas & pathways. C. Five -gallon arborvitaes are required to be planted at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck per the Development Agreement; revise plan accordingly. d. Depict the proposed "Superior Ledgestone" fence on sheet Ll A of the plan in place of the concrete fence shown (if approved by TTD). Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 14. The applicant has indicated that the pressurized irrigation system in this development will be owned and operated by the homeowners association as a private system. Therefore, plans and specifications will be reviewed by the City of Meridian Public Works Department. Prior to plan approval a draft copy of the "Operations and Maintenance Manual" shall be submitted, a copy of the final draft shall be submitted prior to final plat signature by the City Engineer. 15. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 16. All buildings spanning lot lines, not meeting setbacks or the dimensional standards of the UDC shall be removed prior to signature on the final plat. 17. The top of the berm and concrete wall (in combination) to be constructed along E. Chinden Boulevard shall be a minimum of 10 feet higher than the elevation at the centerline of the state highway (per ITD). 18. All future commercial buildings shall require approval of a detailed conditional use permit prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 19. Construction of all common driveways shall comply with UDC 11 -6C -3D. 20. Complete the recorded instrument number of the CC&R's noted on Sheet 1 of the plat. Exhibit "A" FP -06-032 Hightower.FP.doc PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA&ENTS STAFF REPORT 21. On the lots proposed to have common driveways, depict the setbacks, building envelope, and orientation of the lots and structures on the final plat (UDC 11 -6C -3D7) per the plan stamped received on August 11, 2006 by the Planning Department. 22. Graphically depict on the face of the plat an 8 -foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines in which a pressurized irrigation main is being installed. The extra width is needed to ensure the irrigation districts requirement for 5 -feet of easement past the centerline of pipe. 23. Graphically depict on the face of the plat additional Public Utilities, Drainage and Irrigation easement along property lines containing gravity irrigation facilities. The extra width shall be sufficient in to ensure there is 5 -feet past the centerline of pipe. 24. Sanitary sewer service to this development is proposed via extensions of mains in Saguaro Canyon to the south. The applicant shall install sewer mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. Minimum cover over sanitary sewer mains is three -feet. If there is less than three -feet of cover from tope of pipe to sub -grade then alternate pipe materials shall be used per City of Meridian's Standard Specifications. The applicant shall execute standard forms of easements for any mains that are required to provide service. 25. Water service to this proposed development is being proposed via extensions of mains in Saguaro Canyon to the south and Jericho Road to the east. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 26. The applicant shall upsize the water main from 8 -inch to 10 -inch from the 10 -inch main in Jericho Road to E. Everest Street thru to the westerly stub of E. Boulder Bar Street. 27. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 28. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 29. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-313- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction 30. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, development agreement, or preliminary plat does not relieve the applicant of responsibility for compliance. Exhibit "A" FP -06-032 Hightower.FP.doc PAGE 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAOENTS STAFF REPORT GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. 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 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. it. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights shall be required on Exhibit "A" FP -06-032 Hightower.FP.doc PAGE 5 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAOENTS STAFF REPORT subdivision entrances and collector roadways. Design of the streetlights shall be by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-613-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Hightower Subdivision (FP -06-033) with the above stated comments and conditions. Exhibit "A" FP -06-032 Hightower.FP.doc PAGE 6 f Sonya Watters From: Phil Hull [phil@thelandgroupinc.com] Sent: Tuesday, August 15, 2006 11:01 AM To: C. Caleb Hood; Sonya Watters Subject: Hightower r-] Cabb and Sonya, We have reviewed thesite specific conditions of approval from the Hightower Final Plat staff report and agree with them. Please keep us on the consent agenda at tonights City Council hearing. Thank you. Phil Hull, Principal 462 E. Shore Drive. Suite too Eagle, ID 83616 ph. 208.939.4041 fax. 208.939.4445 email. phil a ffidandgroupinC.Com 8/15/2006 Exhibit "B" 0 August 11, 2006 VAC 06-010 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Hightower, LLC ITEM NO. 9 REQUEST Tabled from August 8, 2006 -- Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hightower Subdivision - SWC of Jericho Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANPORTATION DEPT: OTHER: COMMENTS See Previous Rom Packet / Mirudes See affached Staff Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 August 11, 2006 FP 06-036 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Tuscany Development ITEM NO. 10 REQUEST Final Plat approval for 67 single-family residential building lots & 6 common lots on 14.47 acres in an R-8 zone for Messina Meadows Subdivision No. 2 - west of South Eagle Road and north of Amity Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: 3TaTT inmais: Materials presented at public meetings shall become property of the City of Meridian. See attached Staff Comments See attached Comments Phone: 0 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT FOR FINAL PLAT APPROVAL OF 70 SINGLE- FAMLIY RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS ON 14.47 ACRES IN AN R-8 ZONE LOCATED WEST OF SOUTH EAGLE ROAD AND NORTH OF AMITY ROAD IN A PORTION OF THE SE '/ OF SECTION 29, T. 3N., R. 1E., C/C August 15, 2006 CASE NO. FP -06-036 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 15, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 15, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING MESSINA MEADOWS SUBDIVISION NO.2 LOCATED IN A PORTION OF THESE '/ OF SECTION 29, T. 3N., R. 1E., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO.2 / (FP -06-036) Page 1 of 4 i HANDWRITTEN DATE: 07/07/06, SHEET 1 OF 4, BRIGGS ENGINEERING, INC., BOISE, IDAHO, TUSCANY DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 15, 2006, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 15, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO.2 / (FP -06-036) Page 2 of 4 0 • preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO.2 / (FP -06-036) Page 3 of 4 C� in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Ism day ofusiz, 72006. CF ATTEST: s o ®` WILLIAM G. BERG, JR.,(tnY at Pis,, e. Copy served upon: ✓ Applicas%rr'1'"/l"4+, ®''\* w-4 Planning Department Pµblic Works Department City Attorney TA)oW de WEERD Dated: X'nQAV ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO.2 I (FP -06-036) Page 4 of 4 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPAWENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: August 15, 2006 Transmittal Date: August 10, 2006 Mayor & City Council CITV TIF, - Sonya Watters, Assistant City Planner t Michael Cole, Development Services Coordinator C - Messina Meadows Subdivision No.2 Request for Final Plat Approval of Messina Meadow Subdivision No. 2 Consisting of 70 Single-family Residential Building Lots and 6 Common/other Lots on 14.47 Acres in an R-8 Zone by Tuscany Development (File# FP -06-036). submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Tuscany Development, has applied for final plat approval of 70 single-family residential building lots and 6 common/other lots on 14.47 acres in an R-8 zone for Messina Meadows Subdivision No. 2. The proposed gross density of this phase of the development is 4.84 dwelling units per acre. The proposed net density is 6.02 dwelling units per acre. Messina Meadows Subdivision is located in a portion of the SE 1/ Section 29, T.3N., R.lE. The site is located northwest of the S. Eagle Road and E. Amity Road intersection. A conditional use permit/planned development was approved for this subdivision that allowed for reductions to the minimum development standards required for the following: street frontage (min. 40 feet for non cul-de-sac lots), lot size (min. 3,600 s.f.), rear setback for side entry garages (5 feet), interior side setback (5 feet with no additional setback per story), and street side setback (15 feet). The final plat submitted for this phase depicts 5 lots more than were approved on the preliminary plat. The final plat for phase 1 depicted 15 lots fewer than were approved on the final plat. The resulting density with these modifications is still within the range of a medium density development, as depicted on the Comprehensive Plan Future Land Use Map. Even with the change in density, Staff believes that the proposed final plat still substantially complies with the approved preliminary plat. However, the applicant will be required as a condition of approval of the final plat to submit a conceptual plan depicting; the changes that were made in the previous two phases and any changes to be made in the remaining phase to determine if the overall development complies with the approved preliminary plat. Staff recommends approval of Messina Meadows Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS Applicant is to meet all terms of the approved annexation (AZ -05-017), development agreement (Inst. #106017065), preliminary plat (PP -05-019), and conditional use permit (CUP -05-026) for this development. Exhibit "A" FP -06-036 Messina Meadows No. 2.FP.doc PAGE 1 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAOMENTS STAFF REPORT 2. Lot 14, Block 22 does not meet the required 50 -feet of frontage required in the R-8 zone. Lot 16, Block 20 does not meet the required 30 -feet of frontage required for lots on a cul-de-sac or on a 90 degree corner, required in the R-8 zone. 4. Submit a conceptual plan depicting the changes in lot configuration that were made in the previous phase and this phase of the subdivision and any changes to be made in the remaining phase, to determine if the overall development complies with the approved preliminary plat. Include calculations of the original number of building lots approved on the preliminary plat versus those proposed along with open space calculations of the same. The overall open space calculations must be the same or equivalent to that approved on the preliminary plat to be in substantial compliance with the preliminary plat. Submit this plan and information at or prior to the time of final plat submittal of the next phase of the subdivision. Lots 18 and 19, Block 22 do not meet the required minimum frontage unless a common driveway is used for these lots. Either revise the plat so that all lots meet the minimum frontage or have these lots share a common driveway. If a common driveway is used then the applicant shall be required to comply with all code relating to common driveways, including but not limited to, dedicating a common driveway easement on the face of the plat. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 7. Remove any structures spanning lot lines or not meeting the dimensional standards of the UDC prior to signature on the final plat by the City Engineer. 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. 9. Revise or add the following note(s) on the face of the plat dated 7/7/06, prepared by Briggs Engineering and signed by, Wayne K. Barber, prior to signature on the final plat by the City Engineer: (3.) "... and COUP -05-026." (*.) Add note: "This plat is subject to a development agreement recorded as instrument number 106017065 of Ada County Records." (*.) Add note: "All future front garage setbacks shall be 20 feet as measured from the property line or the back of sidewalk. whichever is more restrictive." r 10. The Landscape Plan, prepared by The Land Group, and dated 6/27/06, shall be revised as follows: a. The required minimum number of tree species for the amount of trees proposed is 5 per UDC 11 -3B -5D, table 11-3B-2; revise plan to include 2 additional species of trees. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 11. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintained by Nampa and Meridian Irrigation District. Therefore a letter of plan approval from NMID shall be submitted prior to scheduling of a pre -construction meeting. Exhibit "A' FP -06-036 Messina Meadows No. 2.FP.doc PAGE 2 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPAOMENTS STAFF REPORT 12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 13. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement along the western boundary of Lot 4 Block 22. 14. Graphically depict on the face of the plat an 8 -foot wide Public Utilities, Drainage and Irrigation easement on the eastern boundary of Lot 18, Block 20. The extra width is needed to ensure the irrigation districts desire for 5 -feet of easement past the centerline of pipe. 15. Graphically depict on the face of the plat a 14 -foot wide Public Utilities, Drainage and Irrigation easement on the southern boundary of Lots 19-31, Block 22. The extra width is needed to ensure the irrigation districts desire for 5 -feet of easement past the centerline of pipe 16. Sanitary sewer service to this development is proposed via extensions of mains installed in previous phases. The applicant shall install sewer mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 17. Water service to this proposed development is being proposed via extensions of mains installed in previous phases. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 18. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction 20. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, development agreement, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, that intersect, cross or he within the area being subdivided shall be covered. Exhibit "A" FP -06-036 Messina Meadows No. 2.FP.doc PAGE 3 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPA*AENTS STAFF REPORT Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit "A" FP -06-036 Messina Meadows No. 2.FP.doc PAGE 4 CITY OF MERIDIAN PI&NING AND PUBLIC WORKS DEPAOVIENTS STAFF REPORT 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Messina Meadows No. 2 Subdivision (FP -061036) with the above stated comments and conditions. Exhibit "A" FP -06-036 Messina Meadows No. 2.FP.doc PAGE 5 0 BRIGGS ENGINEERING, Inc. M1 IN I /SURVEYORS August 14, 2006 Sonya Watters Assistant City Planner City of Meridian 660 E. Watertower Lane Meridian ID 83642 Re: Messina Meadows Subdivision No. 2 (FP -06-036) Dear Sonya: 1800 West Ovefland Road Boise, Idaho 83705-3142 Voice (208) 344-9700 Fax (208)345-2950 The applicant, Tuscany Development, Inc. agrees to all of the conditions in the Staff Report dated August 10, 2006. Thank you for your continued cooperation in seeing this project to completion. If you have any questions or concerns, please don't hesitate to contact me. Sincerely, 9.em 74,� Ben Thomas, PE 51106 -Messina No. 2 Exhibit B" e August 11, 2006 !FP 06-037 MERIDIAN CITY COUNCIL MEETING' August 15, 2006 APPLICANT Paramount Development, Inc. ITEM NO. 11 REQUEST Final Plat approval for 47 single-family residential building lots and 1 common lot on 11.45 acres in an R-8 zone for Paramount Subdivision No. 13 - west of Meridian Road and north of McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PARAMOUNT ) DEVELOPMENT, INC., FOR FINAL ) PLAT APPROVAL OF 47 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 1 COMMON LOT ON ) 11.45 ACRES IN AN R-8 ZONE ) LOCATED WEST OF MERIDIAN ) ROAD AND NORTH OF ) MCMILLAN ROAD IN THE W % ) OF THE SE 1/ OF SECTION 25, T. ) 4N., R. 1W. ) 1 C/C August; 15, 2006 CASE NO. FP -06-037 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 15, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 15, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 13 LOCATED IN THE W %2 OF THE SE 1/ OF SECTION 25, T. 4N., R. 1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 / (FP -06-037) Page 1 of 4 DATE: 06/28/06, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC, BOISE, IDAHO, PARAMOUNT DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 15, 2006, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering NorthWest, LLC, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 15, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surfak a water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 / (FP -06-037) Page 2 of 4 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management ;Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 / (FP -06-037) Page 3 of 4 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 ap interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52 Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 5}}' day of _A11 usk 92006. aa\\\\X11111111 ®,/ j�po 0 de WEERD ATTEST: �� = o - WILLIAM G. BERG, JW, CITY Copy served upon: Appl Planning D''e'��ent ✓' Public Works Department ✓ City Attorney By: Dated: ?-a3 -au City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 / (FP -06-037) Page 4 of 4 CITY OF MERIDIAN P1ONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: August 15, 2006 Transmittal Date: August 10, 2006 Mayor and City Council r! (TTY TIF . .,u IDAHO Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator M C Paramount Subdivision No. 13 Request for Final Plat Approval of Paramount Subdivision No. 13 Consisting of 47 Single -Family Residential Building Lots and 1 Common Area Lot' on 11.45 Acres in an R-8 Zone by Paramount Development, Inc. (File# FP -06-07). submittal and offer the following comments and conditions of the 4pplicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Paramount Development, Inc., has applied for final plat approval of 47 single-family residential building lots and 1 common area lot on 11.45 acres of land for Paramount Subdivision No. 13. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The gross density of the proposed subdivision is 4.10 dwelling units per acre; the net density is 5.34 dwelling units per acre. Paramount Subdivision is located % mile north of McMillian and %a mile west of Linder in the W 1/2 of the SE 1/ of Section 25 T. 4N., R. 1W. This property has not been previously platted. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks for living are$ reduced from 15' to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage! from 65' to 50'. The submitted final plat shows an additional 7 lots; however, phases 1 through 11 have lost 13 lofts overall. Also, the design of the 7 additional lots corresponds with the approved subdivision to tho south, Cedar Creek Subdivision. The proposed density is within the range of a medium density development, as depicted on the Comprehensive Plan Future Land Use Map. Even with the change in density, staff believes that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Subdivision No. 13 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP -03-004), conditional use permit (CUP -03-008) and development agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and I maintain the pressure irrigation system within this development. Plans and specifications for the irrigation Exhibit "A" FP -06-037 Paramount Subdivision No. 13 FP.doc PAGE 1 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPA*VIENTS STAFF REPORT system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval. 3. The City of Meridian requires that pressurized irrigation systems be supplied by aear-round source of water. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision; boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in surrounding development. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. 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 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Revise the plat to include a 10 -foot public utilities, drainage and irrigation easement ;along the western boundary of Lot 14, Block 36. There is an irrigation main being installed along that lot line. 8. Graphically depict a special setback from the right-of-way in the following locations. The size of the setback shall be sufficient to ensure the 20 -foot separation requirement of the Department of Environmental Qualities Best Management Practices between a seepage bed and building foundation. Reference the setback in a plat note. a) Eastern boundary of Lots 20-22, Block 26. b) Northern boundary of Lots 16-19, Block 34. c) Northern boundary of Lots 1-5, Block 5. 9. The landscape plan, prepared by The Land Group and dated 07/7/06 is approved as submitted. 10. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -;vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has; reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the !approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit "A" FP -06-037 Paramount Subdivision No. 13 FP.doc PAGE 2 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPAOMENTS STAFF REPORT 12. Complete the Certificate of Owners and the accompanying acknowledgement. 13. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterpvays, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plains will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 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. All development features shall comply with the Americans with Disabilities Act and. the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by !installing additional trees, being the equivalent number of caliper inches of trees that were ;removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Exhibit "A" FP -06-037 Paramount Subdivision No. 13 FP.doc PAGE 3 CITY OF MERIDIAN PI&NING AND PUBLIC WORKS DEPASMENTS STAFF REPORT 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 13 (FP -06-037) with the above stated comments and conditions. Exhibit "A" FP -06-037 Paramount Subdivision No. 13 FP.doc PAGE 4 Enizineet `ak North west, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 August 14, 2006 Mayor and City Council City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: File No. FP -06-037 Paramount Subdivision No. 13 (208) 376-5000 • Fax (208) I am writing on behalf of our client, Paramount Development, Inc. who has indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced Our response to the City's Site Specific Comments for this project is as follows: Site Specific Reguirer, mSts 1) All terms of the approved Preliminary Plat (PP -03-004), Conditional Use Permit (CUP -03-008) and Development Agreement (Inst. No. 103137116) have been met. 2) The Paramount Homeowner's Association will own and maintain the pressure irrigation system within this development. An irrigation well will be continued for use as a secondary source as in previous phases. 3) This project has a private well as a year round source of water supply for the pressure irrigation. 4) Agree. S) Sewer and water mains will be constructed through this phase of development by connecting to existing extensions from previous phases. 6) There are no domestic wells or septic systems located within this project. 7) Lot 14, Block 36 has been revised to include a 10 -foot public utilities, drainage and irrigation easement to accommodate the irrigation main to be installed al6ng the lot line. 8) The 20 -foot setback requirement for DEQ Best Management Practices between seepage bed and building foundation will be depicted on the plat for the following lots: a) Eastern boundary of Lots 20-22, Block 26 b) Northern boundary of Lots 16-19, Block 34 c) Northern boundary of Lots 1-5,11 and 12, Block 36 9) Agree 10) Agree 11) Agree 12) Certificate of Owners has been completed. 13) Agree. Exhibit "B" U Ctty of Meridian — General ReauireMMU The developer agrees to all the general requirements contained in the staff report dated August 10, 2006. Should you have any questions or need anything else feel free to give me a call. Thank you, GC —e Engen Smith, P.E. Xc: Jay Walker, Brighton Development Exhibit "B" August 11, 2006 VAC 06-004 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Dave Evans Construction ITEM NO. '12 REQUEST Continued Public Hearing from August 8, 2006 -- Request for a Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7 Sundance Subdivision No. 3 Sundance Subdivisiono No. 5 - nec of Us—tick & Meridian AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See previous Item Packet / Minutes See attached Memo OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 i August 11, 2006 AZ 06-024 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Briggs Engineering ITEM NO. 13 REQUEST Continued Public Hearing from July 18, 2006 — Request for Annexations and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision -- east of Eagle Road and south of Zeldia Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes MERIDIAN POST OFFICE: OTHER: See attached Letter from the DeAngeli's Contacted: Date: Emailed: staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: E August 11, 2006 MERIDIAN CITY COUNCIL MEETING August 15, 2006 H PP 06-023 APPLICANT Briggs Engineering ITEM NO. 14 REQUEST Continued Public Hearing from July 18, 2006 — Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision -- east of Eagle Road and south of Zeldia Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet / Minutes OTHER: See attached Letter from the DeAngeli's Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. August 11, 2006 AZ 05-061 MERIDIAN CITY COUNCIL MEETING August 15, 2006 APPLICANT Una Mas, LLC ITEM NO, 15 REQUEST Ordinance — Request for Annexation and Zoning of 9.55 acres from RUT to C -G zones for Una Mas — 3475 East 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: COMMENTS See attached Ordinance gy.�zti� Emailed: # 0*'c0dqnJa,_ Inifink- JAI, - n ~ (O ADA COUNTY RECORDER Al 10 NAVARRO AMOUNT .00 BOISE IDAHO 08/24/06 01:61 PM DEPUTY Patti Thompson III IIIIIIIIIIIIIIIIII IIIIIIIII I II III RECORDED -REQUEST OF 16� 3�r=+�# r City of Meridian CITY OF MERIDIAN ORDINANCE NO. a6—a!5­1 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-061 UNA MAS) FOR ANNEXATION OF PROPERTY LOCATED IN THE EAST % OF GOVERNMENT LOT 4 OF SECTION 4, 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 THh CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C -G (GENERAL COMMERCIAL) 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: Una Mas, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C -G (General Commercial) 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 -05-061 UNA MAS Pago 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this — day of 92006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, / this / S*- day of 2006. ERD ATTES WILLIAM G. BERG, , CI ,CL %I ANNEXATION OF AZ -05-061 UNA Page 0 0 STATE OF IDAHO, ) ss: County of Ada ) On this 1511*' day of AWAga, 2006, before me, the undersigned, a Notary Public in and for sai State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clork, 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. `ers000f O (SeALI a "Zo � r Ic e;'�I� --- ••• ' .gym �w� NOTARY PUBLIC FOR IDAHO RESIDING AT: ftuuuu. Ib MY COMMISSION EXPIRES:jQ 11-(1 ANNEXATION OF AZ -05-061 UNA MAS Page 3 of 3 11/21/2005 lb;1T 1i7ti51i5J u�v-'�=�1��" „"�•'�., LEGAL DESCRWTION FOR HANSEN-RICE, INC. AN(vlmno,,N PARCEL -CITY OF MERIDIAN USTICK ROAD PROJECT The following describes aparcel of real property lying in East Vol of Governmew Lot 4 of!9ection 4, Township 3 North, Range 1 East, Boise Meridintn, Ada County, Idaho, anti being mora particularly described as follow' Commencing at the Northwest cortner of said Section 4, said corner worked by 6 Rmss Cap Monument (PLS 61, IX 7 fence, along the Northerly line of said Settioo 4, N89°35,22M 830.94 feat (fomt®rly S89°49'26T, 830.94 feet) to the Northvest toner of the property described in Wamm" Deed 1nWtmsnt Nunnbws 105046906 & 105119521 the POINT OF BBGI NWG; Thence, continuing along said NordwlY line of Section 4 and the Northerly line, of the pro" described in said y &nwty Deed instrument Number. 105046906, N89635123"F, 332.37 feet (formerly S89°49126"E,332 3Ib feel) to a 140rt heOst corner of the praperh► described in said Wwywity D 105046906; . The nc,c, S00°N'08"E,129034 feet to the Southeast comer of the proFaty des iba in WmrwAY Teed insft=gntNttmber 10511.9521 to a 5/8" Iron pin (PLS 1710); Thence, 589032,42"W, 332.39 met to the Southwest comer of the property deorlbed in said Warranty Deed Instrument Number 105119521 jo a 5/i3" iroa pin (PLS 5710); Thaee, N00°00°0CW,1290.60 fest to the POJNT OF BEGINNING, comPra`,Sing 9.85 scum morn or less. SUBJEC? TO: All easement or reservations appearing oa the above described parcel Of. land. O All 1 o a us O z I ! a ce151tI AR, 0 ti If r 1 I �! 1 1 1"ai I I p3 �9 In ' eW t7l N 03 1 I o I o• v ' I I 1 I 1 1 I ( I I 1 1 RR � k].tCttf +.��iR�A�+ � i 1 R 3 CT.G£.68N _ _ caoel�ae6� �sQ9 sls a —' - +11a s'w �� � (tl.+oroa x►ss,�a�s 'evn A olmal YO'S sa 98*1 �d tear eticdw �' RL+s'a a atsatar� `311:9 •'N{ , WS SO'$ 4 1 Lip A '5 <rLvt awti7 Aw eeas, aVOa 71�I1Si1 3 L -H "N 1 i£'4 Mrs blaz 1�t a,ekmsm+ 3„ SZ,S£.88N--- , — .. — . — . _— - — . (z)(t)SON W38 d° MSYC vo �=va 631d7aNno$ a3I TWI—M 'LAA;gRGAg7. ! T ;q,T Rgg7 /T7 ITT NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A CITY OF MERIDIAN ORDINANCE NO. 06- ?— PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the East 1/ of Government Lot 4 of Section 4, Township 3 North, Range ''1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 9.85 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of c Mayor and City Council of the City of Mexidi� By: William G.B7, , Jr., City Clerk First Reading: Z, fab Adop d� st re tspension of the Rule as allowed pursuant to Idaho Code 50-)Pa��0 Second Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 1 � �— The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- ! 2 Sl 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 ,§�0-901A (3). DATED this [ day of .2006. William. L.M. Nary, City A ORDINANCE SUMMARY — AZ -05-061 UNA MAS Pagel—on