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2006-09-12
• f C�WCITY OF 6YlG�1G�7? IDAHO �r CQroTe� y �* THEASuae. V nub wce 1 �9ua CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 12, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie RountreeKeith Bird D Mayor Tammy de Weerd 2. Pledge of Allegiance: lo!7 Gh 1e--[ /91wrs cr 3. Community Invocation by Pastor Randy Rodes with the Vineyard Church: mei. --4- 4. Adoption of the Agenda: Anft-.&-c at ter► - �- 5. Consent Agenda: A. Tabled from September 5, 2006: Resolution No. p —,SZ Adoption of the Ada County Emergency Management Plan, All Hazards Mitigation Plan, Wildland-Urban Interface Wildfire Mitigation Plan, Ada County Flood Response Plan, Ada County Hazmat Response Plan, Ada County Terrorism Response Plan, and Ada County Wildfire Response Plan: B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-4 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: `�,I'/°'"°►- Meridian City Council Meeting Agenda — September 12, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Findings of Fact and Conclusions of Law for Approval: PP 06- 018 Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-4 zone for Southwick Subdivision by Gemstar Development, LLC - 1255 West Ustick Road: A_&"v-C- D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 and R-2 zone for Napoli Subdivision by Briggs Engineering -east of Eagle Road and south of Zeldia Lane: owe E. Findings of Fact and Conclusions of Law for Approval: 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: F. Development Agreement: AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC - north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: Qom. G. SHP 06-006: Request for Short Plat Approval to create 4 building lots out of 2 existing lots on 2.831 acres in a C -G zone for Sparrowhawk Subdivision by Sparrowhawk, LLC - north of Franklin Road and east of Nola Road: c,,.`,,.-. H. SHP 06-007: Request for Short Plat Approval of a 4 -unit condominium plat in a C -N zone for Quenzer Commons Condominiums No. 2, by Brighton Commercial, Inc. - 1565 E. Leighfield Drive: Q',r,,y' I. Approve Transfer of Location of Beer and Liquor Licenses for Top Shelf, LLC from 127 East Idaho Avenue to 126 East Idaho Avenue: wrsvIc- J. Approve Public Works PRV Radio $ Power Installation Contract Change Order No. 1 with Lea Electric: a/77,ev ✓-e K. Approve Encroachment Easement Agreement at Well No. 16 with Rosario Place Limited: anr" V%A- Meridian City Council Meeting Agenda — September 12, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9 • L. Approve Amendments to Public Works Department Personnel and Position Changes Requested for FY 2007: M. Resolution No. Al — : In Support of the 2008 Western States Police and Fire Games: WAo&wc- N. Resolution No. t9j� — 53 / : VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group — southwest comer of North Locust Grove and Chinden Boulevard: O. Resolution No. 4!P6 — 6-3 : 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: P. Approve Agreement for Chain Link Fence Installation with Anvil Fence Company for City Hall Property: 6. Departmenlffepo s15 e R R/ of ee-�t%r"'' G L C ; �j-�,�• •-K. A. Public Works — Brad Watson: 1. Discussion of North Black Cat Lift Station Project: rlGr&te /am'/4- 7. Items Moved from Consent Agenda: 8. Public Hearing: VAR 06-019 Request for a Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: pre�a-•.c �C�� e/.< 44--- 9. FP 06-040 Request for Final Plat approval for 28 single-family residential building lots and 3 common/other lots on 11.5 acres in an R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: 10. Continued Public Hearing from September 5, 2006: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: /2rt�p A -,e -/7/C 4 -%< /C,.- Meridian City Council Meeting Agenda — September 12, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 11. Continued Public Hearing from September 5, 2006: PP 06-011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: 4-4 ,Gly e cl e A -e- '"W -V vak__ 12. Continued Public Hearing from September 5, 2006: CUP 06-006 Request for a Conditional Use Permit to construct a multi -family development consisting of 200 multi -family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: ,% f C,/.0 � Arm 13. Public Hearing: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L -O (Limited Office District) for Ashtyn Park Annexation by David N. Price -- 201 W. Ustick Road: 17re17A-,.c -IlApf C �vr Ar�Vvl. - 14. Public Hearing: AZ 06-033 Request for Annexation and Zoning of 7.6 acres from RUT (Ada County) to 6 acres of R-4 (Medium Low -Density Residential) and 1.6 acres of R-8 (Medium Density Residential) for Benelli Springs Subdivision by Rob Godsill — 3420 South Locust Grove Road: /�/' 4-,e ,Gly' 1( o%C Ak--- ' l7-rn' - a-(- 15. Public Hearing: PP 06-041 Request for Preliminary Plat approval of 17 single-family units in the proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Springs Subdivision by Rob Godsill — 3420 South Locust Grove Road: 16. Public Hearing: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 for Cedar Springs Townhomes by John Flaherty Construction — south of W. McMillan and west of N. Meridian Road: 17. Public Hearing: PP 06-033 Requestof r Preliminary Plat approval of 48 attached single-family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on a total of 11.05 acres for Cedar Springs Townhomes by John Flaherty Construction — south of W. McMillan and west of N. Meridian Road: 18. Public Hearing: VAC 06-011 Request for a Vacation of the public utility, drainage and irrigation easement common to Lots 3 and 4, Block 3 for Jayden Village Subdivision by Beachwood Builders, Inc. — 3059 & 3077 N. Christian Way: AlF f c% eur� Meridian City Council Meeting Agenda — September 12, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 19. Public Hearing: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest comer of W. Franklin Road and N. Ten Mile Road: (request to be continued to 9-19-06 due to posting requirements) cvr•, km -r, �n /A. 7,1-b 20. Ordinance No. AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC — north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: Meridian City Council Meeting Agenda — September 12, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Hou TX COMPTION REPORT AS OF SEP 08 ' 06 160 PAM. 01 CITY OF MERIDIAN P Lewv ?Wt -9v- pflllu a 4f►re,- -I—Aanr.s 1 C w6a;; law, -f 11 d IDAHO �✓ 4 . mkY 90.1 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 12, 2006 at 7:00 p.m. Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rodes with the Vineyard Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Tabled from September 5, 2006: Resolution No. Adoption of the Ada County Emergency Management Plan All Hazards Mitigation Plan, Wtidland-Urban Interface Wildfire Mitigation Plan, Ada County Flood Response Plan, Ada County Hazmat Response Pian, Ada County Terrorism Response Plan, and Ada County Wildfire Response Plan: B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-4 zone for Southwick Subdivision by Gemstar Development, LLC —1255 West Ustick Road: Meridian City Council Meeting Agenda — September 12, 2006 Page 1 of 5 All materials presented at public meetings shay become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing. please contact the City Clerks Office at ON -4433 at least 48 hours prior to the publc meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMDii STATUS 02 09/08 1553 3810160 EC --S 02'55" 006 176 OK 03 09/08 1556 PUBLIC WORKS EC --S 01'42" 006 176 OK 04 09/08 1558 8848723 EC --S 01'41" 006 176 OK 05 09/08 1600 WATER DEPT EC—S 01'42" 006 176 OK 06 09/08 1603 2088840744 EC --S 01'45" 006 176 OK 07 09/08 1605 POLICE DEPT EC --S 01'41" 006 176 OK 08 09/08 1607 8985501 EC --S 01'40" 006 176 OK 09 09/08 1609 LIBRARY EC --S 01'42" 006 176 OK 10 09/08 16:12 IDAHO STATESMAN EC --S 01'41" 006 176 OK 11 09/08 16:14 3886924 EC --S 01'41" 006 176 OK 12 09/08 16:16 P—AND—Z EC --S 01'40" 006 176 OK 13 09/08 16:18 FIRE DEPT EC --S 01'41" 006 176 OK 14 09/08 16:21 208 888 2682 EC --S 01'42" 006 176 OK 16 09/08 16:24 ADA CTY DEVELMT EC --S 01'41" 006 176 OK 17 09/08 1626 2088885052 EC --S 01'42" 006 176 OK 18 09/08 1628 POST OFFICE EC --S 02'56" 006 176 OK 19 09/08 1632 IDAHO ATHLETIC C EC --S 01'43" 006 176 OK 20 09/08 1634 ID PRESS TRIBUNE EC --S 01'43" 006 176 OK 23 09/08 1640 206 387 6393 EC --S 01'40" 006 176 OK P Lewv ?Wt -9v- pflllu a 4f►re,- -I—Aanr.s 1 C w6a;; law, -f 11 d IDAHO �✓ 4 . mkY 90.1 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 12, 2006 at 7:00 p.m. Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rodes with the Vineyard Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Tabled from September 5, 2006: Resolution No. Adoption of the Ada County Emergency Management Plan All Hazards Mitigation Plan, Wtidland-Urban Interface Wildfire Mitigation Plan, Ada County Flood Response Plan, Ada County Hazmat Response Pian, Ada County Terrorism Response Plan, and Ada County Wildfire Response Plan: B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-4 zone for Southwick Subdivision by Gemstar Development, LLC —1255 West Ustick Road: Meridian City Council Meeting Agenda — September 12, 2006 Page 1 of 5 All materials presented at public meetings shay become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing. please contact the City Clerks Office at ON -4433 at least 48 hours prior to the publc meeting. 0 • COMMUNICATIONS REPORT AS OF SEP 08 '06 16:50 PAGE.01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND : 0125 SEND 00040'19" RECEIVE : 0006 RECEIVE 00°01'37" DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 09/08 11:34 EC --R 00'57" 005 175 OK 02 09/08 15:53 3810160 EC --S 02'55" 006 176 OK 03 09/08 15:56 PUBLIC WORKS EC --S 01'42" 006 176 OK 04 09/08 15:58 8848723 EC --S 01'41" 006 176 OK 05 09/08 16:00 WATER DEPT EC --S 01'42" 006 176 OK 06 09/08 16:03 2088840744 EC --S 01'45" 006 176 OK 07 09/08 16:05 POLICE DEPT EC --S 01'41" 006 176 OK 08 09/08 16:07 8985501 EC --S 01'40" 006 176 OK 09 09/08 16:09 LIBRARY EC --S 01'42" 006 176 OK 10 09/08 16:12 IDAHO STATESMAN EC --S 01'41" 006 176 OK 11 09/08 16:14 3886924 EC --S 01'41" 006 176 OK 12 09/08 16:16 P -AND -Z EC --S 01'40" 006 176 OK 13 09/08 16:18 FIRE DEPT EC --S 01'41" 006 176 OK 14 09/08 16:21 208 888 2682 EC --S 01'42" 006 176 OK 15 09/08 16:23 208 461 0132 EC --R 00'40" 001 177 OK 16 09/06 16:24 ADA CTY DEVELMT EC --S 01'41" 006 176 OK 17 09/08 16:26 2088885052 EC --S 01'42" 006 176 OK 18 09/08 16:28 POST OFFICE EC --S 02'56" 006 176 OK 19 09/08 16:32 IDAHO ATHLETIC C EC --S 01'43" 006 176 OK 20 09/08 16:34 ID PRESS TRIBUNE EC --S 01'43" 006 176 OK 21 09/08 16:37 3810160 EC --S 00'44" 001 178 OK 22 09/08 16:39 8848723 EC --S 00'30" 001 178 OK 23 09/08 16:40 208 387 6393 EC --S 01'40" 006 176 OK 24 09/08 16:42 WATER DEPT EC—S 00'30" 001 178 OK 25 09/08 16:43 2088840744 EC --S 00'30" 001 178 OK 26 09/08 16:44 POLICE DEPT EC --S 00'30" 001 178 OK 27 09/08 16:45 8985501 EC—S 00'29" 001 178 OK 28 09/08 16:46 LIBRARY EC --S 00130" 001 178 OK 29 09/08 16:47 2083776449 EC --S 00'30" 001 178 OK 30 09/08 16:4e 3886924 EC --S 00'29" 001 178 OK 31 09/08 16:49 P -AND -Z EC --S 00'30" 001 178 OK 32 09/08 16:50 FIRE DEPT EC --S 00'29" 001 178 OK Meridian City Council Meeting September 12, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 12, 2006, by President Shawn Wardle. Members Present: Shaun Wardle, Keith Bird and Charlie Rountree. Members Absent: Mayor Tammy de Weerd and Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Bill Musser, Bill Johnson, Len Grady, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle 0 Joe Borton (arrived late) X Charlie Rountree X Keith Bird 0 Mayor Tammy de Weerd (arrived late) Wardle: I'd like to welcome everyone to our September 12th City of Meridian City Council meeting at 7:00 o'clock. I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. Item No. 2 is the pledge of allegiance. I have asked Chief Musser to lead us in the pledge. Thank you. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes with the Vineyard Church: Wardle: Thank you, Chief. Item 3 is the community invocation by Pastor Randy Rodes with the Vineyards church. Pastor Rodes. Rodes: City Council Members, it's a pleasure to be here tonight. Let us pray. Father, we thank you for this great City of Meridian and, Lord, we were just reminded a couple of -- just this week, Lord, of the anniversary of 9/11 and we once again thank you for all the privileges of freedom that we enjoy in this great land of ours. And, Lord, as we take steps forward as a city, I pray that you will just be with us every step of the way, Lord, that you will give wisdom to these council members as they make decisions tonight. Lord, that you will give your protection over the city and we thank you for all of the police and fire people that are involved in protecting our city. Lord, we pray that we would not draw on our own wisdom to make these decisions, but, Lord, as these council members discuss things and come up with these decisions, Father, that they would tap into your wisdom. So, guide them and move our city ahead as a city that belongs to you and we 11 Meridian City Council September 12, 2006 Page 2 of 58 thank you for every family in this community. We pray you will be with them and just be in this meeting tonight we pray in Jesus' name, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, Pastor Rodes. Item 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: On the Consent Agenda we want to add an Item Q, a license agreement with the Jabil building. Department Reports, it has been asked that -- Public Works has asked to take themselves off of the Public Works department report, so there will be no department report. Item No. 19, which is a Public Hearing with Cherry Lane, has been requested to be continued to 9/19/06, because of posting requirements. And with that our resolutions will start with 06-529, end with 06-532. And our ordinance number on Item 20 is 06-1263. With that I'd move we approve the revised agenda. Rountree: Second. Wardle: It's been moved and seconded to approve the revised agenda with changes as noted. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from September 5, 2006: Resolution No. 06-529 Adoption of the Ada County Emeraency Manaaement Plan, All Hazards Mitigation Plan, Wildland-Urban Interface Wildfire Mitigation Plan, Ada County Flood Response Plan, Ada County Hazmat Response Plan, Ada County Terrorism Response Plan, and Ada County Wildfire Response Plan: B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-4 zone for Southwick Subdivision by Gemstar Development, LLC — 1255 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: PP 06- 018 Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-4 zone for Southwick Subdivision by Gemstar Development, LLC — 1255 West Ustick Road: Meridian City Council September 12, 2006 Page 3 of 58 D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 and R-2 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: E. Findings of Fact and Conclusions of Law for Approval: 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: F. Development Agreement: AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC — north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: G. SHP 06-006: Request for Short Plat Approval to create 4 building lots out of 2 existing lots on 2.831 acres in a C -G zone for Sparrowhawk Subdivision by Sparrowhawk, LLC — north of Franklin Road and east of Nola Road: H. SHP 06-007: Request for Short Plat Approval of a 4 -unit condominium plat in a C -N zone for Quenzer Commons Condominiums No. 2, by Brighton Commercial, Inc. — 1565 E. Leighfield Drive: I. Approve Transfer of Location of Beer and Liquor Licenses for Top Shelf, LLC from 127 East Idaho Avenue to 126 East Idaho Avenue: J. Approve Public Works PRV Radio & Power Installation Contract Change Order No. 1 with Lea Electric: K. Approve Encroachment Easement Agreement at Well No. 16 with Rosario Place Limited: L. Approve Amendments to Public Works Department Personnel and Position Changes Requested for FY 2007: M. Resolution No. 06-530 In Support of the 2008 Western States Police and Fire Games: N. Resolution No. 06-531 : VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Meridian City Council September 12, 2006 Page 4 of 58 Subdivision by Conger Management Group — southwest corner of North Locust Grove and Chinden Boulevard: O. Resolution No. 06-532 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: P. Approve Agreement for Chain Link Fence Installation with Anvil Fence Company for City Hall Property: Q. Approve Agreement for License to Use Building with BBC RPI Meridian, LLC: Wardle: Item 5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: As I stated before, Item No. A, resolution number is 06-529, M is 06-530, N is resolution 06-531, O is 06-532. We have added Item Q to the Consent Agenda, a license agreement with Jabil for use of their building. And with that I move we approve the Consent Agenda as revised and for the President to sign and the Clerk to attest. Rountree: Second. Wardle: It's been moved and seconded to approve the revised agenda noting the addition of Item Q, license agreement with the Jabil building. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works — Brad Watson: 1. Discussion of North Black Cat Lift Station Project: Wardle: Thank you. Item 6 has been deleted from our agenda. Item 7: Items Moved from Consent Agenda: Meridian City Council September 12, 2006 Page 5 of 58 Wardle: There were no items in Item No. 7. Item 8: Public Hearing: VAR 06-019 Request for a Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: Wardle: Item 8, Public Hearing VAR 06-019. 1 will open with staff comments. Canning: President Wardle, Members of the Council, the first Public Hearing before you tonight is a variance request. It is for Cardigan Bay Subdivision, which is located -- this variance only affects six of those lots within that proposed subdivision and it's 5450 and 5500 Larkwood Place, which are the current addresses. The variance is to not construct curb, gutter, and sidewalk along Larkwood Place. The subject properties are these six. One, two, three, four, five, six. And you will see there that they currently have frontage on Larkwood. It is a developed street section. The remainder of the subdivision would have curb, gutter, and sidewalk. The neighboring -- during the preliminary plat approval process the neighboring property owners requested that Larkwood Place, this portion of it, not be required to do the curb, gutter, and sidewalk, so that the road would maintain its kind of rural county feel to it. So, during the approval process both you and ACHD supported that request and, actually, you placed a condition of approval that they seek out and obtain this variance prior to final plat approval and that's what they have done. So, the staff recommendation was for approval of the variance. It does seem to be an unusual property circumstance in this case that warrants the variance. There are -- to our knowledge there are no outstanding issues before Council and I will answer any questions you may have regarding the variance. Wardle: Thank you, Anna. Council, any questions of staff? This is a Public Hearing. Is there anyone that would like to testify on Item No. 8. Would the applicant -- thank you. State your name and address. Stiles: Sheri Stiles, 150 East Aikens Street, Eagle, Idaho. I am just here to ask for you to approve the variance. It was -- the plat was approved with the condition that we get the variance and so that's why the next item is on the agenda tonight, too. But unless you have any questions I have nothing to add. Wardle: Thank you. Council? Bird: I have none. Rountree: None. Wardle: Hearing no further public comment, I would entertain a motion to close the Public Hearing. Rountree: So moved. 11 Meridian City Council September 12, 2006 Page 6 of 58 Bird: Second. • Wardle: It's been moved and seconded to close the Public Hearing on Item 8. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: We have had previous discussion on this item. To be consistent with the applicant's desires for a more rural community in this particular large lot subdivision, I would recommend that we approve the variance 06-019. Bird: Second. Wardle: It's been moved and seconded to approve Item 8 VAR 06-019. Mr. Clerk, would you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 06-040 Request for Final Plat approval for 28 single-family residential building lots and 3 common/other lots on 11.5 acres in an R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: Wardle: Item No. 9 is FP 06-040, Cardigan Bay Subdivision. Canning: President Wardle, Members of the Council, with the approval of the variance, this final plat is ready for approval -- or for your approval. It is consistent with the approved preliminary plat and we do have a letter stating an agreement with the conditions of approval from the applicant. Wardle: Thank you. Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve Item 9, final plat FP 06-040. Bird: Second. is Meridian City Council September 12, 2006 Page 7 of 58 Wardle: It's been moved and seconded to approve Item No. 9. Mr. Clerk, would you, please, call roll? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from September 5, 2006: AZ 06-013 Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: Item 11: Continued Public Hearing from September 5, 2006: PP 06-011 Request for Preliminary Plat approval of 122 residential lots (50 4-plex lots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: Item 12: Continued Public Hearing from September 5, 2006: CUP 06-006 Request for a Conditional Use Permit to construct a multi -family development consisting of 200 multi -family dwelling units (4-plexes) on 50 lots and 72 townhouse dwelling units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision by America West Homes, LLC — south side of Pine Avenue and east of Ten Mile Road: Wardle: Thank you. The following item, Items No. 10, 11, and 12, 1 will open the Public Hearing on these items. Before I proceed to staff report, I have a procedural question for the attorney Mr. Baird. The question is on -- we have seen these items before. What are our procedural presentations? Baird: Mr. President and Members of the Council, you're correct, you have heard this item before. Before your findings were finalized there was a request for reconsideration. The Council did grant that request for reconsideration and set it for tonight's hearing. In chatting with the Planning Director Canning, this is, essentially, going to be a new hearing. She will start out with the staff report. You will hear from the applicant and have any public testimony and, then, deliberate to reconsider your decision. Basically, there is no decision, because, again, the motion that was made last time was never finalized. Wardle: Thank you, Mr. Baird. I will begin with staffs presentation. Canning: President Wardle, Members of the Council, this is the Canterbury Commons project and it is a reconsideration hearing. The project is located along Pine Street and that is west of Linder, east of Ten Mile has shown. It is an application for annexation and zoning, preliminary plat, and conditional use approval for the multi -family portion or Meridian City Council September 12, 2006 Page 8 of 58 the apartment complex. The annexation and zoning request is for R-15. The site is 21.77 acres. The preliminary path approval -- this is, actually, the preliminary plat, but I think it's easier to see the units on this one. The preliminary plat approval is for 122 residential building lots and ten common lot and, then, the Conditional Use Permit approval for the multi -family development consisting of 50 four-plexes and 72 attached townhouse units on the 21.77 acres. It's currently RUT in Ada County. At the previous hearing one of the additional items of note from the applicant -- there was a brief discussion about whether these would be condos and how they would be sold. So, just to supplement the information that's in there and leave some extra time for the applicant, perhaps, there was that discussion and each of the apartment buildings would be condominiumized with the commitment by the applicant and that those would -- then could be sold individually or several of them could be sold to one investor, but they could be sold individually. There was a question about whether the preliminary plat was still needed and he expressed that it was needed for financing purposes. So, that was one of the issues or discussions at the last hearing that would not be reflected in your staff report. The average lot size in the development is 4,781 square feet. The gross density is 12.5 dwelling units per acre. And approximately 12.6 percent of the area being developed is set aside for open space. Within that open space the applicant is proposing to construct a clubhouse and pool, a tot lot, and I think the tot lot is in that location as well and a -- excuse me. I lost my place. And a pathway system. The townhouses are located on the east side of the development and they do take access from public streets. I think there was -- in the request for the reconsideration there was some discussion about public versus private streets. So, let me flush out that discussion. The public streets -- you enter from Pine Street, the public street would, then, take a turn to the east and would loop around to serve all the townhouse developments and, then, come up to connect to that street. This area appears as open space, but these are -- these are lots. So, almost all the units are shown here, but not this bank and not these three for some reason. But all the other units are shown on this diagram. So, the public streets come and make this one loop. The private streets connect to those public streets and form a separate loop. This would be just a private street connection into the property. It is fairly common to see multi -family development take access from private streets. In fact, the reason we put the private street provision is so that fire department could get these drive aisles, essentially, named, so that they could find units more easily. But we do see some apartment complexes that have more public streets coming into them and provide kind of around the perimeter of them. So, that's certainly something for Council to consider. I did point out at the last Public Hearing and I will point it out again, we have worked with the applicant to try and get rid of the single loaded aisle on -- for these townhouses. You have -- all of this portion is double fronted, but there is a lot of pavement here where this becomes a single fronted public roadway with the townhouses on one side of it. For the code -- the UDC for multi -family developments with more than 100 units gives the decision-making body, you all, the authority to require additional amenities commensurate to the size of the development. So, in this case we have 200 units. As a reference, if you only had 75 units or more, you would only be required to have four amenities, with at least from one -- one from each category and those categories are quality of life, open space, and recreation. Along that lines, the applicant is following -- is providing the following 0 Meridian City Council September 12, 2006 Page 9 of 58 • amenities. The 3,000 square foot community clubhouse and fitness facility and that would be a quality of life amenity. The property management office, maintenance storage area, development map, and directory and pool. The pool would be a recreation amenity. The tot lots would also be a recreation amenity. And the walking trail as well. Half basketball court. A picnic area. That would be a quality of life amenity. And open space. That would be an open space amenity with the pathways. So, it's still -- one of the big questions is whether this development has provided enough amenities in Council's opinion. That door is left open for you to require additional amenities as you see fit. The DA provisions recommended with this project were primarily to tie the re -zoning of the property to the specific development. There are no off-site commitments or unusual provisions included in that DA. We do have several elevations. These are of the townhouse units. You will see that the -- they are front loaded, so the garages are visible from the street, of course. These are some other townhouse elevations. These are the elevations of the four-plex units. And, again, there has been a commitment to condominiumize each of those units. There is more elevations. And I also have some perspectives provided by the applicant. Oops. Where did that come from? Hold on. This one is of the apartment buildings and you can see the drive aisle. What is not shown here are the required carports. So, the carports would be where the parking spaces are. And I could show that on the overall site plan. These are of the townhouse units just as you make that curve that -- to the north -south. This is of the tot lot and the community center. And the pool would be just behind that, I believe. And I believe this perspective is from the south end of the property looking into the multi -family. The townhouses would be at your back, basically. And, again, this doesn't show the required carports. Did want to point out those carports. As part of the UDC revisions one of the -- one of the things we did in coming up with multi -family standards was to talk to one of the higher quality apartment developers in town and one of the things he expressed was that it was important to have covered parking for these apartments. So, we did require covered parking spaces and so these brown lines you see here would be the carports over the required parking. These long rectangular ones. Recently fire department has raised a couple issues with this development for this hearing. One of them was a shift in -- or a reassessment of where the 150 -foot length for this -- this drive aisle would be measured from. Originally it was going to be measured I think mid point between these two and now they have shifted it to this west property line -- or kind of west entry road. So, the 150 feet would be measured from there. That shouldn't have much impact on this development. The other issue that was raised was with regard to ability for the fire department to get a gurney to these apartments if needed and the issue -- let's see if I can -- it's a little shaded, so it's going to be difficult to point out, but these shaded areas represent the carports and you can see the spaces underneath. When they are fully parked and there is two parking spaces per unit, so there is not a lot of excess parking, but when it's -- when it's fully parked, if there were a need to get to this building, you would likely have to come back to here to get the gurney through. So, the fire department is asking for separate access into these, other than the required parking spaces. You see some landscape islands in the center, but those would have landscaping and trees located in them, so there wouldn't be an opportunity to access there. And I can blow this up in more detail. This blows -- I can get details of this quite nicely. If you'd like me to zoom Meridian City Council September 12, 2006 Page 10 of 58 01 in someplace else I can get that up for you. Just let me know. So, those were some additional concerns expressed by the fire department. The Planning and Zoning did recommend approval at their June 1st, 2006, Public Hearing. Jeff Wardle, Joe Ricci, Lance Hornick and Mark Sanders spoke in favor of the application. No one spoke in opposition, nor did anyone comment. The key issues of discussion by the Commission were the requested variances to lot size and setbacks and not being supportive of those requests. Those requests have, actually, since been removed. The common area calculations -- the elevation, particularly the double -fronted four-plex elevations, and the layout of the project. There were no major changes to staffs initial recommendation. The outstanding issues to our knowledge before Council tonight are, one, are the proposed amenities sufficient for this site, this development. And, then, the additional request of the fire department as I just explained to you. So, with that I will answer any questions you may have. Wardle: Thank you, Anna. Council, questions for the planning director? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Anna, refresh my memory on the private streets. What are the widths that are being proposed? Canning: It would be 25 feet from the back of the parking stall to back of parking stall. If there is not parking areas, it can be as narrow as 20 feet, but anyplace that there is parking there needs to be 25 feet of backup space. Rountree: How about the proposed private access off of Pine? Canning: I would have to measure. It looks like it's 20 feet from this diagram. Rountree: And my last question on the public street on the east side, all of those units are those four-plex single story with garages or maybe two story with garages? Canning: Yes. Rountree: The elevations with the garages? Canning: The townhouses. Rountree: The townhouses. Canning: Yeah. The four-plexes. And this street as well. Again, they are not shown right there. There is three there and there is several here that aren't shown. Rountree: So, that's what's proposed as well for the lots? Meridian City Council September 12, 2006 Page 11 of 58 Canning: Yes. These. Rountree: Okay. Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: I was going to ask the applicant, but I can ask Anna. Where is the public going to park? Visitors. Refresh me on that. Canning: There are -- to my knowledge -- let me -- I can check on the parking calculations. I don't -- I didn't look that up before this hearing. I apologize. I think they are providing to per unit right now, but they may have additional ones. Let me look, because they probably wouldn't have carports and that may be the easiest way to identify them. And it looks like everything has a carport. So, I can look it up or if the applicant isn't able to come up with that information, I can find it in the file. Bird: Thank you, Anna. Canning: And, then, there would be parking on the public street that would be available for the townhouse development. Bird: How about the private street? Canning: That's the one I don't know about. But I'll look it up if I need to. Bird: Okay. Wardle: Council, additional questions for the planning director? Rountree: I have none. Bird: I have none. Wardle: Invite the applicant forward for their presentation. Note for the public record that though the applicant has a very distinguished last name, we are not directly related. J. Wardle: We are not close enough that we associate together. Wardle: Name and address for the record. Rountree: Good for the applicant. 0 Meridian City Council September 12, 2006 Page 12 of 58 L�] J. Wardle: Mr. President, Jeffrey Wardle. My address is 877 Main, Boise. I'm here on behalf of the applicant tonight. We appreciate staffs efforts on this and we have gone back and reviewed the -- the transcript of the comments that were made at the time of reconsideration. We are prepared to address those issues tonight. I don't want to rehash issues that are set forth in the staff report and that Anna has done an excellent job of addressing. I do want to walk you through a couple issues and, then, we can talk about what I perceive to be your concerns about traffic and parking. With respect to the UDC, it does require that additional amenities be provided when a project gets to a certain point in density and in our discussions with the Planning and Zoning Commission, they suggested additional amenities, which were added at their request, which staff has identified many, but I want to take an opportunity to point those out, the additional amenities that were not discussed. As Anna pointed out, there is the clubhouse, which will have the property management office with storage, the pool, tot lot, open area here. Additionally, Planning and Zoning Commission had expressed some concern about the connectivity of the pathway and where it was to be located. So, as a result of those discussions, the pathway was placed upon a common lot along the Ten Mile drain over here, which will be landscaped, and this does not depict it, but it was also modified to come back up here and connect. So, that it connects with the sidewalk there, loops around like this, and, then, comes back out to Pine. Additionally, Planning and Zoning Commission suggested that this be the location of a half basketball court, which was added. They suggested an additional tot lot, which was added here as part of this common area. And a picnic area, which was added there. As Anna indicated, initially there was a request for a variance. That has been removed. That is not on the table. And as a result of the removal of that request for variance additional common area was provided here. The reason these lots right here and these lots right here do not depict buildings is because in removing the variance it was necessary to come forward with a slightly wider lot, which required modification of the townhouses. So, with that there are more amenities here than were initially proposed. There were amenities added that the Planning and Zoning Commission directed. And in light of the discussion that you had last week regarding parks and public recreation, I think it's important to note that to a certain extent projects like these provide much of the base recreation need for -- that will be consumed by these residents. That the private provision of these amenities takes some of the impact off of Meridian's park system. Now, it's important to note that these will be subject to your impact fee, but in considering the benefits that's derived from these private amenities, that's important to consider. Now, with respect to the parking requirements as raised by Councilman Bird, the requirement of the UDC is for a minimum of two stalls per multi -family unit to be provided. That does not -- and it's variable, because the requirement is based upon the number of bedrooms and it doesn't require that those units be specifically dedicated to a specific unit, but it's important to note that the site more than parks itself and, in particular, Anna had raised the issue of where was their public or visitor parking. These stalls up here are not specifically tied to any unit and I believe at one point they were, in fact, shown as not being covered, but they have been covered now. Additionally, as staff indicated, in the townhouse component your requirements require a two car garage, as well as a 20 -by -20 parking pad in front of each of those units. These are also public streets and there would be parking along the public street over here. C Meridian City Council September 12, 2006 Page 13 of 58 9 Councilman Rountree had raised the issue with respect to the private streets and I would direct you, if there were any questions about that, ACHD in its staff report and recommendation of approval indicated that these need to be 40 feet wide, I believe. So, even this connects here to a private street, these would be full turn aisles or at least 40 feet wide out onto Pine. Now, the issues that the fire department raised, those are new. Those were not before you previously. We had discussions with the fire department before the last meeting to gain verification that certain changes that we made pursuant to their initial comments were satisfactory and they have not responded to that, but they did indicate at that time that they were satisfied, because initially there were units over here which were removed due to their concerns over location and of access. Now, with respect to the issue of access for a gurney, we certainly understand their life safety concerns and to the extent that a condition of approval to the preliminary plat needs to be included to address that, we believe that that could be handled through, you know, addressing these -- these landscape aisles like Anna indicated. But at the same time we think that it's important to recognize that you need to have a project that's not just asphalt and not just parking areas, but there has to be some of these amenities and that's why we had provided as much landscaping as we did. In dealing with this site, the other issue -- and it's indicated here what the adjoining -- zoning of the adjoining parcels are. It's R-15, much more intense to the west. It's R-8, much less intense to the east. And the desire of our client in coming forward with this application was to work with the city to come up with a project which transitions between these neighborhoods and it's also important to consider that you have the Union Pacific Railroad right of way here with industrial -- light industrial to the south of that corridor. It's our belief that a multi -family project of this type is the appropriate use in this site. Your Comprehensive Plan indicated this is a community mixed use, which provided for a rather significant density up to 40 units to the acre. Because the issue was discussed early on with planning staff and with the Mayor with respect to what type of project would be appropriate for this site and the desire to provide for truly affordable owner -occupied housing for your workforce, for the working families of Meridian, it was determined that a condominiumized project would be the most appropriate to address those concerns. Now, as Anna indicated at the last hearing, there was discussion about why to condominiumize this and I believe in my discussion with Anna and with legal staff afterwards, we certainly were amenable to having that included as a condition of approval. The important thing to realize -- and I know Councilman Borton had expressed some concern about how do you insure maintenance of these types of shared facilities. That is the benefit of condominiumization. Under the Idaho condominium act you have much greater enforcement ability in a condominiumized project than you do in single lot homeowners association traditional subdivision and the reason for that is that these units -- all of these units in the entire subdivision as part of a homeowners association, which will maintain the landscaping and those amenities, but this portion will be part of a condominium association and when you own a condominium, you own the interior of a unit and you own an undivided interest in the common area. The common area is everything outside the walls, floor, and ceiling of a unit. And what that does is it provides that the association provides for the common maintenance of all of your structural systems, all of your HVAC plumbing systems, it provides for the exterior maintenance of the buildings, so the roofs, the exterior painting, Meridian City Council September 12, 2006 Page 14 of 58 all of those things are maintained in common. That's the way a condominium works. Now, the benefit to that is that if an owner here -- you know, if an owner in any subdivision in Meridian that's got CC&Rs decides they don't want to pay, there are very limited bases upon which the association has to recoup those dollars. But the Idaho legislature long ago recognized that with a condominium, because of the common maintenance, because of the obligation that each owner has to insure that the property is maintained for the benefit of the others, there is a much more stringent enforcement requirements and enforcement obligations which were available. Now, the effect of that is a four-plex project that is condominiumized from the outset, with the common maintenance, common management that we have talked about and provided as set forth in the staff report, insures that the issues that you may have had in the past with respect to some four-plex projects will not be here. Now, Councilman Borton had also raised an important issue, which is the fact that this is America and you can never stop anybody from renting out their property. And that is as true in Paramount as it is in any other subdivision in the City of Meridian. But the difference is because this is a condominium project, you will insure that the maintenance of the facility, not only interiorly, but also exterior and landscaping, is preserved. That is something which is truly unique and that the applicant showed from real foresight to come up with a project that insures that these things will be maintained and that many of the issues and concerns that have been raised in the past will be eliminated. Now, I also recognize that Councilman Rountree had expressed some concern about the affect approval of this project would have in light of your ongoing Ten Mile corridor study. Now, as I understand it, the actual boundary for the Ten Mile study area is the Union Pacific railroad here to the south. That the Ten Mile study extends over here, you know, a mile, mile and a half, and, then, it extends to the edge of your area of impact over here. Now, it's important to recognize that in ACHD's evaluation of this, our client, the applicant, had provided a traffic study prepared by Washington Group. Washington Group's evaluation was that in light of the fact that this intersection here is already in ACHD's capital improvements plan and in light of how the rest of Pine has developed, that this project will generate a minimal amount of additional traffic. That the PNP count of vehicle trips per hour would be 186. And it would have no effect on the level of service. The level of service on Pine would continue to operate at a level of service B, which is well below the level of service -- the maximum level of service of 9,500 vehicle trips per day, which would be a level of service B. Now, in evaluating that, ACHD required that the drive aisles and the entries into this project connect at these points, so that they corresponded with the road immediately to the north. That's one of ACHD's policies as a result of the road. Entry points were -- were designed located as such. Additionally, the last comment I would make about the road is it is unique that you do have a single project that comes forward with both and public private roads. The reason for that is your UDC does encourage private streets within multi -family to insure that life safety issues, address the other entrances that Anna raised in her presentation. And with respect to the public street, the public street will be maintained by ACHD after it is dedicated. But the private street will be the duty and obligation of the owners association to maintain. And so even though ACHD will collect impact fees and ACHD's evaluation and Washington's Groups evaluation was based upon the current impact fee ordinance, ordinance 200, which has since been adopted, was about three hundred Meridian City Council September 12, 2006 Page 15 of 58 thousand dollars in impact fees for roads being generated by this project. Additionally, out here on Pine ACHD has -- their requirements requires the application to dedicate additional right of way and to improve this right of way to its ultimate build out standards. Now, with that, the last topic that I would like to talk to you about before we open this for consideration and any questions you might have, would be the issue of design. Anna, would it be possible to go back to those elevations? Now, early on, like I indicated, our client, the applicant, met with the Mayor and met with staff pre -application to really get a feel for what it is that Meridian wanted at this site and how it could be addressed. And they were very sensitive to the concerns that have been expressed about other multi- family projects which may have not had the highest standards with respect to design. As a result, our client felt it was very important to come forward with a commitment that there would be multiple elevations, there would be multiple finishes, so that you not only had different elevations and different footprints, but you would have different appearances. But when we met with staff it was indicated from the beginning that there would be a need to do something different, do something more, and that was the intention of our client in coming forward with these proposals, that these are not intended to look like four-plexes, because we recognize that we need to integrate with the neighborhood. Now, there has been some concern expressed as to why -- why are four-plexes beneficial. There certainly have been some issues with other four-plex developments in this community, but at issue here is the fact that in attempting to integrate with this neighborhood, it's important to come up with something that has the same mass and size and scale and scope as the immediate neighborhood, something that looks not like large multi -family apartment complexes, but something that's got more of a look of single family residential. A four-plex gives you that mass and scale. Now, with respect to the concern about double frontage, which was raised and discussed fully by the Planning and Zoning Commission, we came forward with this elevation here to show you the reverse of those units that were described as being double fronted. Now, this is a public street. This is a private street. And there would be carports here. But in doing that -- and as indicated on the site plan, the applicant came forward with a much more aggressive planting and landscape proposal for here. The applicant also came forward with a plan to provide various footprints along here and to modulate the frontages of the buildings, so that there was much more differentiation and a much more appealing appearance. With that I would stand for any questions you have. I do have the applicant, our client, Mr. Joe Ricci here tonight, as well as the architect, to talk about some of the design concerns you may have. Wardle: Thank you. Council, questions of the applicant? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Mr. Wardle, going back to your first comments about the private streets and the public access, you indicated these points of access would be 40 feet or whatever was consistent with ACHD and pointed -- and I guess for the record I want to hear you say that all the accesses from Pine Street will be to -- to meet a public access point, as Meridian City Council September 12, 2006 Page 16 of 58 opposed to a private street standard, which would be 40 feet -- Gary? Thirty plus feet? Yeah. Because the graphic we have here does not indicate as such. J. Wardle: Mr. President, Councilmember Rountree, I am looking at ACHD's conditions of approval -- Canning: Mr. Wardle, I may be able to help you out. The plat -- here, this is perfect. The plat -- well, maybe not. The lot lines -- there is 45 feet in between these two lot lines. There are what appears to be five foot attached sidewalks, so that would leave 35 feet for the drive aisle. Rountree: So, do you agree with that analysis? J. Wardle: President Wardle, Councilman Rountree, I do agree with that analysis that is 45 feet of right of way, with five feet of detached sidewalk on both side, leaving a 35 foot drive aisle, which, then, is widened to 40 feet out beyond that along the common lot at the entry. Rountree: Thank you. Mr. President, a follow-up question as it relates to the -- something that's new to us as well, the comments from the fire department in terms of emergency access into the facilities. I don't have a solution for you either. And I'm not going to say we want to give up landscaping in order to do that, but it seems to me like it's a legitimate concern to get access in and out of those multiple unit complexes, typically in a hurry and easy. J. Wardle: President Wardle, Councilman Rountree, I agree, the trade off, however, really is as you put it, is landscaping. Now, you know, the UDC requires the two parking stalls per -- per unit. We have complied with that standard. We certainly want a safe project, but the reality is that only under -- you're looking at a very unique set of circumstances, I believe, when this would be a hundred percent parked and maybe -- you know, certainly I recognize the fire codes and fire department, that is always their concern is what happens in the worse case scenario. The worse case scenario is that if we can go back to the wider view, Anna, of the whole site plan, the reality is that there will be access at a variety of points, that the point of access is typically going to be no more than 200 feet away, if that is a concern. Additionally, if we need -- if you direct us to remove landscaping so as to satisfy the fire department's concern, we certainly can make that modification. And it wouldn't necessarily require removal of landscaping at each of these points. I mean, basically, you could remove a few trees and that would give you -- and, again, I'd need to talk to my client and the design folks, but we could remove some trees to provide you additional access, which would leave you within, you know, 100, 150 feet of any doorway and that would be consistent with what your existing requirements are from the fire department. And so I think you could save much of the landscaping. But that's the reality, that those would probably be the places where we could do that to satisfy the fire department. .7 Meridian City Council September 12, 2006 Page 17 of 58 • Canning: Councilmember Rountree, Members of the -- President Wardle, I'm sorry, Councilmember Rountree, there are -- don't let me get you in the head there, Jeff. There are -- they have consistently provided double space handicapped loading. I think you can see one here. That area would provide a means of getting in there. I forgot to point that out before. So, in the areas where they have shown those handicapped spots -- but they aren't universally spread, like every third unit or anything like that. So, they are a little bit haphazard. I don't know if they show up -- I can't pick them out at this level, but there are a variety of double handicapped spots around. With regard to removing the trees from the landscape islands, that would require a variance. That's not an alternative compliance item. J. Wardle: President Wardle, Councilman Rountree, maybe my eyesight can be a little bit better to direct you, but, basically, anyplace you see shading here, here, here, here and I believe there, anyplace you see those, those -- that shaded area would be the stall, which would be reserved and parking would be precluded, so that you could have a handicap van. And so, basically, you have three -- you have three stalls there, but the middle stall is not being utilized. Appreciate staff correcting me on the reading of your landscape requirement. Rountree: Thank you. Wardle: Council, additional questions for the applicant? Bird: I have none. Canning: President Wardle, Members of the Council, I do need to clarify one other statement made by the applicant. And I'm sure it was unintentional, but he spoke of the Comprehensive Plan designation allowing up to 40 units per acre. That is true of the mixed use regional. The mixed use community, however, only allows up to 15 units per acre. Just wanted to make sure that was clear. Wardle: Thank you. J. Wardle: President Wardle, I do apologize that was a misstatement on my part. Wardle: Thank you. Questions about the Comp Plan language? Rountree: I have a question for Anna and probably Mr. Wardle as well. Wardle: Mr. Rountree. Rountree: Mr. Wardle indicated that there had been some time spent with staff in terms of multiple looks, multiple footprints, both from the front elevation, as well as backage street, modulations, difference in materials. Has that been articulated well enough to include that into the Findings? Meridian City Council September 12, 2006 Page 18 of 58 Canning: I believe it is included. I will have to check the staff report to be sure, but in my brief survey for the number of parking units I saw it referenced, but I can go check the conditions of approval. Rountree: Thank you. J. Wardle: Mr. President, Councilman Rountree, I mean certainly we are willing to make that commitment and I believe that when Councilman Bird made the motion to approve at the hearing in July, that the language was included to incorporate the presentation and representations that we made here and, certainly, if that needs to be more clearly articulated in the development agreement, we certainly would work with legal counsel to accomplish that. Wardle: Thank you. Additional questions? J. Wardle: Thank you. Wardle: I have one additional person signed up for this Public Hearing. Joe Ricci. Signed up for. State your name and address for the record. Ricci: Good evening. My name is Joseph Ricci. I'm the president of American West Homes. My home address is 1117 Brightwater in Boise. 83703. Our approach to projects has been -- as a company has been to ascertain the housing needs of the community. We have done this for 31 years now. The Comprehensive Plan calls for an R-15 zoning as an overlay on -- over our land and we first designed a rental community for this property. We did all the work. We worked with staff, with Caleb Hood, and we got to an application stage, but Caleb had suggested that maybe we meet with the Mayor, that there had been some problems with some four-plex communities in the very near vicinity of this property and that, to say the least, they haven't been very well received in the community, especially in the City of Meridian. So, after meeting with Mayor de Weerd, she outlined the need for there to be for sale housing, you know, for the critical working force in Meridian. She talked about, you know, the commute times that people had to have and the unaffordability and how expensive it had gotten here. And so scrapped what we had and we redesigned our project and as you can see, this is -- this is a very challenging site. This is, basically, a triangle and it's got a canal, you know, on the bottom half of it and it's got a little canal on the northeast corner of it, and we have really, you know, had fits trying to come up with something that would be beautiful, that would fit well into the -- you know, the community and that most importantly would be affordable to the median income earner in the City of Meridian. So, we redesigned this project, which is now one hundred percent affordable housing, meeting the median income in the City of Meridian. One hundred percent. And, of course, that assumes today's interest rates and construction costs. We did some calculations -- delays in redesign add approximately 2,000 dollars to the cost of each home per month because of the professional fees, architects, engineers, the interest carry on the property, you know, the rising material and labor costs, et cetera. You know, we are trying to stay within the scope of it being affordable housing, because it's Meridian City Council September 12, 2006 Page 19 of 58 really needed here and as, you know, time goes on it goes on and on outside the grasp of the average family being able to afford it. Our project design has a great neighborhood feel. Are we able to go back to that -- what do you call that -- rendering of the neighborhood? Because the units are broken down to smaller buildings and this isn't the greatest perspective, because you can't see the separations, you can't see well the articulations -- that's the clubhouse -- between the buildings. But we have a lot of articulation of the building, varied building materials, various, you know, colors, various setbacks and configurations and we have a nice, you know, facade and it's very well landscaped. Wardle: Mr. Ricci? Ricci: Yes. Wardle: I assume you're summarizing for us? Ricci: Yes. Okay. You know, we offer more amenities and open space than any other project in our price range. I believe we had 11 separate amenities in the property. Our project asks for no variances and fully meets code in all respects. We are consistent with the Comprehensive Plan. We are only asking 8 0 percent of the density allowed by the Comprehensive Plan. We have worked cooperatively with staff. Have staff recommendation for approval. We have a Planning and Zoning recommendation for approval and it was recommended by the City Council for approval. There has been no public appeal filed and we have no neighborhood opposition. And, finally, I want to just say something from a practical aspect. When completed and sold out, our project will add approximately 750,000 dollars per year tax base to the City of Meridian. So, we, once again, ask for your final approval to bring the City of Meridian this well-planned and well needed project and I thank you and I stand for questions. I want to answer the question about gurneys if I could. First of all, downtown buildings, you know, have elevator, stairs -- I mean there is much more challenging sites than our property to get in -- you know, gurneys into a home. But we have handicapped loading, double -wide spaces, throughout the entire site. Where those are not available, perhaps if required by the staff, we would be amenable to it. We can cut in through the landscaping some kind of little pathway that maybe wasn't in the place of where the trees are, but just a pathway that was a gurney pathway if needed, so that every 50 feet or so, you know, that would be a good solution to get -- you know, to get through there without really interrupting the look of the project and taking out too much of the landscaping. So, I thank you and stand for questions if you have any further. Wardle: Council, questions of Mr. Ricci? Rountree: Mr. President. Thank you for your comments. You reminded me of a question that I had written down here and didn't ask. Ricci: Uh-oh. Meridian City Council September 12, 2006 Page 20 of 58 Rountree: No, it's not uh-oh. If I don't get the answer I'm going to be confused. On the rendering or the plat that's colored that shows the landscaping, that odd remainder of parcel that's in the northeast corner above Eight Mile Lateral, you show as landscaped. I assume that's going to be part of the common area to the development. Is that -- Ricci: It is a common area, just as we didn't mention a couple others, too. You see in the northwest, that triangle up there, originally there had been a unit up there, too. We have taken out several buildings throughout the process of this application. That's another big open space, as well as -- I don't have one of those little red pointers. This one right here is one also, so -- Wardle: There is a pointer right there. Right on top. Ricci: Oh. Got you. Too late now, but -- yeah. One there and one there, too. Rountree: So, I guess you don't -- what I'm asking is you don't have -- on that particular piece of property, that triangular piece, have designs for maybe a commercial building or something on that? Ricci: We do not. Rountree: Okay. Thank you. Ricci: It's just simply another open space that's just primarily landscaping. Rountree: Okay. Ricci: Just to create the open space. We have more open space in this project -- probably double to open space that a typical project of this size would have. Rountree: President Wardle? Wardle: Mr. Rountree. Rountree: You introduced yourself as the president of American West Homes? Ricci: Correct. Rountree: Have been in business for 30 years? Ricci: Thirty-one. Rountree: Thirty-one years. Good for you. Has that been in Idaho or -- Meridian City Council • • September 12, 2006 Page 21 of 58 Ricci: Started in Nevada, went to Arizona, California, Wyoming, and Idaho. We have been doing primarily subdivision building. We do small garden office buildings and we have done a lot of multi -family homes as well. Rountree: Okay. And though I'm not going to ask you to do this, I'm going to ask you to respond. You're calling this Canterbury Commons. I assume your company has a logo and you're proud of your product. Would you put your logo and your product emblem on a sign on the street that would be at the entrance of this particular subdivision? I'm not asking you to do it, I'm asking you would you -- would you do it in terms of you're proud enough of this project to do it, put your seal of approval on it, put the company's name up there. Ricci: You know, I'm the dad of five boys and -- I mean you asked me a really important question. You know, there is -- Rountree: It is. Ricci: You know, there is only one thing you could leave your kids and that's integrity and my dad was born and raised in Italy, didn't have much of an education, I worked with him in carpentry from the time I was a little kid and I love what I do. I mean it's more to me an art -- or as much to me as an art as it is a job and I won't do something that I'm not proud of, because I want to be able to require that of my sons also. So, I'm proud of this project. It's a beautiful project for its price point and for its location. I mean we are accomplishing some great things with this project and it's well needed within this community. So, if you're asking me if I'm proud of this project, I'm tremendously proud of this project and I think if Caleb Hood were here he would at least concur that we have very much tried to cooperate, you know, with staff and work with the city in concert with the city in cooperation to give you all, you know, what you need for this site. Rountree: Thank you. Ricci: You bet. Wardle: Thank you. This is a Public Hearing. Is there anyone else who would wish to speak to this application? If you would, please, state your name and address for the record. Pena: Mr. President, distinguished Council, my name is Michael Pena. I live at 2659 West Primeland in Meridian. I'd like to speak in favor of this project. There is a number of points I think of smart development. One thing I think that is critical is I applaud the Council and Mr. President for -- and Planning and Zoning for pushing condominiums in this development. I think it's needed very much in our community. With recent real estate escalation price points it's very difficult for young people to find affordable housing and I think this project will do that. Thank you. Wardle: Is there anyone further that would like to speak to this application? Meridian City Council September 12, 2006 Page 22 of 58 Bird: Mr. President? Wardle: Mr. Bird. Bird: I think our fire department would like to and I would like to ask some questions regarding fire safety, too. Wardle: Mr. Johnson. Johnson: Mr. President, Members of the Council, to go on, number one, the first issue of the gurney access, that's just one part of our concern with the access to these individual apartments or condos. The other is once they have that small room and contents fire, the time to stretch a hose line 150 feet, 200 down is -- allows that fire to just continue to propagate on us, so that's why we need those access points at each and every one of those buildings. Another concern that we have with so much parking in such a tight area is the view of the citizens backing out and we are talking young families in these condos, potentially, and affordable housing, we are talking first houses, younger kids, there is no place for people to see when they are backing out if a kid's running between carport and carport. That's another safety concern that I see from the fire department and, then, you get the larger vehicles, the SUVs that pull into these little tight parking spaces and, then, they don't get all the way in and the next person in the little Isuzu trying to back out can't see, hitting another car or maybe hitting a child or a fire truck coming in. So, that's -- you know, yeah, it does meet the code, but these are just some safety concerns that the fire department does have on this. Wardle: Thank you. Council, questions for fire department staff? Bird: Mr. President? Wardle: Mr. Bird. Bird: Mr. Johnson, how long would it take you to run out two or three hundred feet of hose, if you have to go all the way down to the end of the lot and come back? Johnson: Coming back with a three or four person crew, that's probably two to three minutes of fire build up. Bird: And how much can a fire gain in one minute? Johnson: It doubles in size every minute if it's free burning without us getting water onto it. Bird: Okay. That's a real concern with me. I like the project, but I -- something has got to be done for safety of not only getting a gurney back there, but just fighting fire back there. I know we got -- we have got our handicapped at every so often, but that might Meridian City Council September 12, 2006 Page 23 of 58 40 not be the closest place to pull a hose through. I'll leave it at that. I'll ask Mr. Wardle when he gives his reply. Wardle: Thank you. Additional comments? Rountree: I have another question, I guess. And I never can relate how our ordinance for four-plexes applies to these kinds of things, but does the sprinkling requirement apply in this particular case or not? And that question is for Chief Johnson. Johnson: That is -- yes, these will be sprinklered units. Rountree: Okay. Canning: President Wardle? I do have Commissioner Rountree -- Commissioner -- Councilman Rountree's answer regarding the building -- the varied building setbacks from the articulation of those units. It was shown on the final plat -- and I think you can see it in this blow up a little bit. You can see how some of the units are turned and there is some articulation there. That is how it was depicted and it is not a condition of approval at this time. Rountree: Okay. Canning: Nor is there a requirement to condo the plat at this time. The applicant did say that they would be willing to accept that. Bird: Oh. Okay. Wardle: Thank you. Additional questions before wrap up? Rountree: I have none. Bird: I have none. Wardle: Mr. Wardle, if you would like to -- J. Wardle: Very briefly, President Wardle, Members of the Council. We understand the fire department's concerns. These are always concerns. But the realty is you have adopted a development code that we have met and this is -- this is tension that always exists, but as was pointed out by Councilman Rountree's question, we certainly can have our architectural consultant get up. These will be sprinklered. You know, four- plexes are sprinklered under the building code, because of these very concerns. Additionally, as the fire department indicated, yes, there are concerns about gurneys, but there are other issues there as well. But the intent of sprinklering is to provide that initial time buffer that you need to get there. We recognize the concerns about the location, but the reality is that, again, through those landscape islands, hoses can be pulled, those requirements can be met. We have attempted to design a project which Meridian City Council September 12, 2006 Page 24 of 58 meets your code and that's what we have done. That's why we think we have a positive staff report. We certainly are willing to do those things which are necessary to make the project safe, but at the same time we have to comply with your code and if these are items that the fire department really believes need to be addressed, then, they need to be addressed on more than just this project basis, but it needs to be a possible issue for reevaluation in the UDC. With that said, there really has been a push over the last several years to widen what gets sprinklered, what doesn't get sprinklered, what provides these issues. There has also been recognition that private streets are a way to insure that many of the concerns about traffic, many of the concerns about drives, are addressed. Now, the reality is that, yes, these are 25 foot private streets with parking on both sides. That's a requirement, though, of your UDC. We have met that requirement. With respect to the concerns about children in the streets, that's always a concern. That's a concern whether it's on a 25 foot wide street, a 33 foot wide street, or a 35 foot street, which is what the private -- the public street is designed to meet. We have been through a very intensive process with your staff. We greatly appreciate, as my client indicated, the input that he got, because the reality is to develop a truly affordable for sale product requires something different. It requires a different design and a different model than what we have in much of Meridian. I think we are all surprised by the appreciation in land in this city over the last year and a half. I don't think any of us foresaw this 18 months ago what we saw with land prices and the reality is with many of the applications that you have seen come before you recently, your typical eight to ten thousand square foot lot is -- and home to be built thereon is no longer affordable. Those homes are pricing out at a minimum of 350,000 dollars now and you have to ask how can housing be affordable when a young family has to spend the first 150,000 dollars on the dirt. In working with staff I think my client should be commented for the fact that they truly have attempted to address the issues and come up with a product which meets a need, come up with a product which is high quality, come up with a project which is different, and come up with a product which has taken an approach which is unique to insure that many of the concerns that the city's had in the past will be addressed. We certainly are grateful for the positive staff report that's been provided in this matter. We appreciate the work that the Planning and Zoning Commission did with us to develop a better project. And we appreciate your patient consideration of this project over the last two public hearings which have been held on this matter. And with that we certainly are amenable to inclusion of the conditions of approval that have been discussed here tonight, if you feel those are appropriate, to insure that those things happen, because we recognize that frequently the problems that you have seen with other projects have arisen from the fact that issues of design, issues of elevation, issues of materials, have not been adequately addressed. We are committed and prepared to do that. And with that I stand for any further questions and would request, again, your support for these applications and request your affirmative vote. Thank you. Wardle: Council? Bird: I have none. Meridian City Council September 12, 2006 Page 25 of 58 Wardle: Mr. Rountree? Rountree: You just keep -- you keep talking. And I see the families that potentially live here and you weren't here earlier this evening, but we had a presentation from the Valley Ride group public transportation and I see at some point in time this will certainly be the type of facility where public transportation certainly would assist in the future residents. My question would be on the part of the willingness of the applicant, given some of the open space adjacent to the Pine Street, that at some future date and not with the plat, but just a commitment at some future date, working with ACHD in order to provide a bus pull out or a bus shelter that might be on either the west or east end of that particular project on Pine Street that would be accessible by pedestrians and hopefully some day the public transportation system that we all desire, but none us are willing to pay for. J. Wardle: President Wardle, Councilman Rountree, certainly I think that's appropriate, because recognize there is a 20 foot wide buffer strip here along Pine, so we wouldn't be dealing with trying to place one of these inside somebody's lot. And, additionally, as you pointed out, there is common area here and there is common area here. And I would also point out that I believe in your Comprehensive Plan that the intersection, you know, basically a quarter mile to the west is intended to be a transit node at Pine and Ten Mile or Ten Mile and the railroad and that's why I think it is important to recognize that if you want a valid -- if you want a real transit system, you have to have pedestrian connectivity and you have to have density and that's why I think you had great forethought and foresight to designate this for the use that you did. So, my client has indicated they are certainly willing to do that in the future and we can document that however you feel appropriate. Rountree: Thank you. Wardle: Council? J. Wardle: Would you like to hear from the applicant on that point? Rountree: That's fine. Bird: That's fine with me. Rountree: That's fine with me. You bet. Just gives me more time to think, though. Wardle: Restate your name and address. Ricci: Joseph Ricci, 1117 Brightwater, Boise. The northeast corner you had asked about that area just north of the canal that's the common space or open space area. That would make sense in the future to perhaps become a pull out for a transit system. The northwest corner wouldn't make any sense at all, because we are 300 feet, you know, from Ten Mile Road. So, you know, you have got another, I don't know, 1,000 Meridian City Council September 12, 2006 Page 26 of 58 feet or so there, so you're a quarter mile or so away, so it would make a good pull out point and I think that, you know, it would be actually a good use for that property, because it really doesn't connect that well to -- you know, to the site anyway. One thing that might be pointed out also is the fact that this project is designed for the critical working force in Meridian, you know, for people that live in Meridian. You know, their commute time is going to be cut down tremendously if they could live here and work here. They are keeping all their dollars here, they are spending locally, and they are able to spend more time with their families, because they don't have to spend an extra maybe 20 minutes or so each way, you know, driving somewhere. Thank you. Rountree: Thank you. Wardle: Mr. Rountree, did that bring up any additional -- Rountree: No, I'm dry right now. Thank you. Wardle: Thank you. Council? Bird: I have nothing. Wardle: We do have an open Public Hearing on Items 10, 11, and 12 -- Canning: President Wardle, while the Public Hearing is still open, can I make a suggestion regarding the last question regarding a bus pull out? Wardle: Understanding the applicant has the final word, yes. Canning: Yes. Just one opportunity to do that, because once there is a condo association you'd have to have permission of the entire condo association. If you wanted -- I think we have out at Heritage Commons or Quenzer -- I think we have an easement dedicated with the plat for a future pull out at some point. I don't -- there is no mechanism for how that will get constructed or who will fund the construction of that, but it noted as an easement and that might be a good opportunity here. Rountree: Good point. J. Wardle: President Wardle, we certainly would accept a condition of approval that an easement for a turnout be associated with that parcel, which is a separate -- it is a separately described lot. I don't recall which lot it is, but a condition of approval that a transit turnout easement be recorded as part of that is acceptable to us. Rountree: Thank you. Wardle: Thank you. For the record, I'm going to note that we are joined by Councilman Borton (at 8:16 p.m.), but I'm going to ask, again, a procedural question of Mr. Baird. Meridian City Council September 12, 2006 Page 27 of 58 Baird: Mr. President, I know where you're going, because I'm having the same thought. And Mr. Borton would probably agree with me that he should abstain from voting, because he didn't hear what was presented tonight. However, if there is a desire for him to vote, we would have to continue the final decision until next week and give him an opportunity to review the record, either to listen to it or to review a transcript. So, I'll kind of leave that up to Mr. Borton and the Council. But those are our options in that regard. Wardle: Thank you, Mr. Baird. Council, do we have any additional -- no questions on the -- -IFIE61 Borton: Mr. President? Wardle: Mr. Borton. Borton: I would do whatever the Council is most comfortable with in light of what they have heard. How is that for a vague wishy-washy answer? Rountree: How is that for being on the fence, uh? I wish you would have been about five minutes later, how about that? Wardle: Council, we have, I guess in my opinion, heard a lot of new information which we have been deliberating on and considering, especially from the applicant. If it is Mr. Borton's intention to vote on the application, I would certainly request his review, but we could also deliberate and vote with his abstention as well. Borton: Mr. President that would be fine with an abstention. Bird: I'm for that. Rountree: Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: Hearing no more comments, I move we close AZ 06-013, PP 06-011 and CUP 06- 006, the public hearings. Rountree: Second. Wardle: The motion is to close the public hearings on Items 10, 11, and 12. All in favor? Meridian City Council September 12, 2006 Page 28 of 58 MOTION CARRIED: THREE AYES. ONE ABSTAIN. Wardle: Item No. 10. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve AZ 06-013, to include all comments from applicant, public, and staff and to get the Findings of Facts and Conclusions of Law drawn up for approval. Wardle: We have a motion. Do I have a second? Rountree: I'll second that for discussion. For clarification. Wardle: For clarification. Canning: Councilmember Bird, would that include an amendment to the development agreement for the bus pull out and the requirement of condominiumization and when would you like that codominiumization concluded? Would it be prior to occupancy of the units? Bird: It would be prior as we -- this was all why I just said public -- so we didn't go through a whole list of stuff and not forget something. Yes, the turnout would be like we did at Heritage Commons with the Quenzer property. The condominium association before occupancy, as -- and I believe the applicant agreed upon that. And the design and everything like that, too, you know. So, that's why I said all public and applicant -- Wardle: Anna, just one clarification for the Findings. Is there enough discussion on specific design criteria presented by the applicant and discussed by the Council for you to write that into the development agreement? Canning: President Wardle, Members of the Council, the -- I believe the elevation -- the development agreement ties them to the elevations they presented. Bird: That's right. Wardle: Thank you. I have a motion and a second and clarification on approval for Item No. 10. Further discussion, Council? Rountree: None. Bird: I have none. Wardle: Mr. Clerk, will you, please, call roll. Meridian City Council September 12, 2006 Page 29 of 58 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Wardle: Item 11. Bird: I'll try this one again, too, Mr. President. Wardle: Mr. Bird. Bird: I move that we approve PP 06-011 and I believe we are only going to have nine common lots, if I'm right, if we are going to dedicate the one. I believe the applicant said that was a lot or should we just leave it like it is, Anna? Just like it is? Okay. I move, then, that we approve PP 06-011, Findings of Facts and Conclusions of Law, and include all applicant, public and staff comments. Rountree: Second. Wardle: It's been moved and seconded to approve Item 11. Just a point of clarification, Anna. I believe the applicant made reference to the positioning of the handicap stalls and that access, to re -look at that under the discussion. I would suggest that under this motion that the realignment of that provide better gurney access for the fire department would be substantial compliance when the final plat come forward. Would you agree with that statement? Canning: It may be more appropriate, because it was related to the apartment complex itself, to just put it in the CU for the apartment complex, rather than the preliminary plat. Wardle: Okay. Thank you. Canning: And if -- President Wardle, if you could articulate that one more time when it comes to that, because I didn't understand what you said. I apologize. Rountree: You get to make the motion. Wardle: Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Wardle: Thank you. Item 12. I'll attempt my motion. I move that we approve Item 12, CUP 06-006, to include applicant's commitment to align where appropriate the handicapped parking stalls, which provide an open corridor to meet, where achievable, the fire department's request for gurney access, to require the additional -- the Meridian City Council September 12, 2006 Page 30 of 58 additional amenities proposed by the Planning and Zoning Commission and to, again, tie that criteria to the development agreement to the application. Rountree: Second. Wardle: It's been moved and seconded to approve Item 12. Anna, is that enough -- okay. Thank you. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 13: Public Hearing: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L -O (Limited Office District) for Ashtyn Park Annexation by David N. Price -- 201 W. Ustick Road: Wardle: Thank you. Item 13 is a Public Hearing on AZ 06-034. 1 will open this Public Hearing with staff comments. Canning: Council President and Members of the Council, the next project is Ashtyn Park. This is somewhat of a reconsideration. A longer separation between the last hearing. This project -- you have seen it before. It's located at the corner of Ustick and Meridian Road, the southwest corner to be more precise, and it is an application for just annexation and zoning at this time. You will see the property to the north is the city park and, then, to the -- immediately to the west is a church. To the east we have a county sub, which we have been directed to seek annexation on and staff hasn't quite got there yet. And, then, a variety of parcels within the county. There is an existing home on the site that's being proposed -- that's actually in the right of way. That's being proposed to be removed as part of this development, so that will not stay. This is the conceptual site plan proposed by the applicant. They do intend to construct an office development. To support that request the applicant has submitted this concept plan for how the subject property may develop and also some pictures of what the buildings will look like. These are taken from the Heritage Commons office area and they have committed to using a similar style architecture on their project. And similar to that, the buildings are squarish, rather than rectangular. The applicant has -- the Comprehensive Plan currently shows a public, quasi -public, for this property, as well as residential. There is the exception that we talked about at length last week with regard to the office use, but we also discussed the residential exception. This qualifies for that residential exception. It is on two section line roads, has frontage on those roads, and is less than three acres in size. So, they are taking -- using that provision of the Comprehensive Plan to ask for the L -O zoning on this property. Also, consistent with what we talked about last week, although they are asking for the L -O zoning, staff is just proposing that they be allowed the principal permitted uses in that zoning, not the conditionally allowed uses. So, that would be a development agreement provision that would limit them to just the light office uses. Other provisions of the development agreement, the kind of nonstandard provisions, would be to tie them to this concept plan. To tie them for up to six office Meridian City Council September 12, 2006 Page 31 of 58 buildings, with a maximum size of 5,000 square feet each that are single story. And, again, the staff has just taken the concepts of those -- those pictures and this is what we have come up with. Variations in roof lines with at least of portion of the roof having a 6/12 slope. Awnings over some of the windows and the front door. Columns. At least 25 percent of the front and street facing facade to have windows. At least two different types of siding material. And generally compatible in appearance and bulk with these pictures. If they aren't able to meet those design standards, staff is recommending that they have to go through the conditional use process. With regard to access, the applicant is proposing a full access driveway at the southern end of the property. And it's approximately 350 feet south of Ustick Road. When this is signalized, ACHD has said that they may restrict access at this point to right -in, right -out only. Staff has recommended -- and you will see the stub here for cross -access to the church property. The hope is that over time we will get a reciprocal cross -access agreement with the church, so that church members, as they leave and want to head south on Meridian Road, can come through here and, likewise, if these folks want to head out toward Ustick Road, they can head out through the church property, rather than having to go through that constrained intersection. We don't think we will see a lot of cut -through traffic, because of the -- the zigzag pattern that you need to go through to get through this development. I have already mentioned the office uses. The only other consideration that we are asking be included in the development agreement is the hours of operation. Consistent with former Council approvals, we are recommending that the office hours be limited from 6:00 a.m. to 10:00 p.m. And that would be the times that the public can arrive at those offices. Certainly an employee could work late or something like that. I showed you the pictures. The Commission recommended approval at their August 3rd Public Hearing. Van Elg from Land Group spoke in favor. No one spoke in opposition. Lester Vogle from the irrigation -- had concerns about irrigation water and they did comment. Key issues of discussion were the uses allowed on the site and the proposed zoning. There were no major changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. I would be happy to answer any questions you may have regarding this project. Wardle: Thank you, Anna. Council, questions for staff? Bird: I have none. Rountree: None. Wardle: If the applicant would, please, come forward. If you will, please, state your name and address for the record. Elg: My name is Van Elg. I'm with the Land Group. 462 East Shore in Eagle. I have about a 45 minute presentation for you tonight. I'm kidding. Wardle: You already started your 15 minutes. Meridian City Council September 12, 2006 Page 32 of 58 Elg: Yeah. Rountree: You're done. Elg: We appreciate staffs comment on this. We have gone through this project before. Or we haven't, but Mr. Price has. And during the last hearing he recognized that he needed some -- P&Z and City Council apparently asked for some additional information regarding elevations and some site plan clarification. And, frankly, Mr. Price is embarrassed about this, but he didn't make it to the hearing in time and wasn't able to present that information before the hearing was closed. We are back before you again a year later and we have a new design that we believe is much more palatable. One of the things that you will notice right here, the old design had an access point right here that ACHD was going to require a little bit of shifting and alignment with Eastbrook Street, I believe it is, that's across the street from that. Right there. And the new design that we have -- that would have been a restricted access as well and was quite close -- within 175 feet of Ustick Road. The new design, which is 315 feet south of -- at the pavement, I believe, of Ustick, right there, will allow for a full access for the current period and should that site be signalized, as Anna mentioned, a right -in, right -out may be required by ACRD. The project also -- Anna, if you could go back to that site plan. The project also right here -- we have turned all of the buildings along Meridian and Ustick in order to give them a face out appearance with landscaping, windows, and tried to locate the majority of the parking on an internal node, so that we don't have a parking nightmare right there at that intersection. You can also see that, as Anna mentioned, we don't believe that this will promote any kind of cross -through traffic, as they'd have to come all the way through here, over here, and clear back over to the church site. Mr. Price has also already obtained the cross -access easement with the church. That document is -- it's finished and there is a sewer line that runs through here that's a private sewer line. It's almost like we put in some sort of a -- this was a concern during the last meeting with Public Works. Almost like we put some sort of a -- a man hole right here, allowing the church to connect in there and, then, a sewer line out there, that I think will help solve that initial concern. But we may need to discuss that with the staff a little bit more. But, in any event, we will have a sewer connection here and we will make sure that the church still has a sewer connection one way or the other. We have also discussed with the church that there could be additional Sunday parking here as part of the cross -access easement, should they have additional demand. So, I don't want to belabor the application much more. Certainly open myself up to any questions that staff -- that the Council might have of me tonight and ask that you allow us to move forward with this project this time, with a better design and with the information that you requested at the last hearing. Wardle: Thank you. Council, questions of the applicant? Rountree: Mr. President? Wardle: Mr. Rountree. Meridian City Council September 12, 2006 Page 33 of 58 Rountree: And this is for my own information. If there is ever a future desire to sell one of these buildings, would it not be in the benefit of the applicant to subdivide these into lots or -- probably a question either for you, Van, or Anna. I don't know. I don't know if any thought's been given to that. Elg: That's certainly a possibility. Whether it's subdivided or condominiumize the units in the future. Rountree: Okay. Okay. You could do it that way. Elg: Uh-huh. Rountree: Okay. Thank you. Elg: Okay. Wardle: Thank you. Council? Len, while we have the applicant, I believe there was a question of sewer line. Grady: Yeah. I just wanted to make sure that I understand correctly. You are proposing that anything on your property is the new sewer line and not the private sewer line? Eig: Correct. Grady: Okay. That was all our concern was. Wardle: Additional questions, Council? Rountree: I have no -- Bird: I have none. Wardle: Thanks. Elg: Thank you. Wardle: This is a Public Hearing. We did not have anyone signed up, if you wish to speak to this application, please, come forward. If you will, please, state your name and address for the record. Michaelson: Sure. Elaine Michaelson. 128 East Eastbrook Court, Meridian, Idaho. A question that was brought up when I was speaking with Mr. Price was on Meridian Road that there was going to be an island put in there. My only worry is -- and I was going to ask Mr. Johnson, is was -- if there is an island put in there, how does the fire department get to us? Just, you know, right now we can turn left or right out of our Meridian City Council September 12, 2006 Page 34 of 58 subdivision, but if an island is put in there, as were told by Ada County police and Meridian police, we are only going to be able to make a right-hand turn. That would mean that unit three could not come from Locust Grove to us, they would have to go all the way around the mulberry bush to get back to us and I'm just proposing that that not be done. It is a concern. Thank you. Wardle: Thank you. Chief Johnson, would you like to address that for us, please? Johnson: Mr. President, Members of the Council, I'm sorry, I wasn't aware of there being a curb there. Is this along the same lines as the Eagle Road curbing that we see right now? Wardle: Actually, chief, maybe we could get clarification from Gary Inselman with ACHD as to the validity of the -- Inselman: Mr. President and Council, Gary Inselman representing ACRD, 3775 North Adams, Garden City. In some of the earlier iterations of this project when they were aligning an entrance with that street or slightly offset from that street, it would have required a median to prevent the conflicting turning movements. With the access at the south property line, that was avoided and we have no intention of putting a median in at this time, even with our interim signal that's being installed, but that is always an option if accidents warrant it or other conditions in the future when the road is widened. Wardle: Thank you. Bird: Thank you, Gary. Wardle: Is there anyone further that would wish to speak to this application? I assume that answered your original question. Would the applicant like to respond to -- any additional statements? Okay. Council? Bird: Mr. President? Wardle: Mr. Bird. Bird: If nobody wants to talk in the Public Hearing, I move we close AZ 06-034. Rountree: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 14. All in favor? MOTION CARRIED: ALL X(ES. Wardle: Mr. Bird. Meridian City Council September 12, 2006 Page 35 of 58 Bird: Mr. President, I move that we approve AZ 06-034, to include all public, applicant, and staff comments. Rountree: Second. Wardle: It's been moved and seconded to approve Item No. 13. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 06-033 Request for Annexation and Zoning of 7.6 acres from RUT (Ada County) to 6 acres of R-4 (Medium Low -Density Residential) and 1.6 acres of R-8 (Medium Density Residential) for Benelli Springs Subdivision by Rob Godsill — 3420 South Locust Grove Road: Item 15: Public Hearing: PP 06-041 Request for Preliminary Plat approval of 17 single-family units in the proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Springs Subdivision by Rob Godsill — 3420 South Locust Grove Road: Wardle: Item No. 14 is AZ 06-033 and Item 15 is a Public Hearing on PP 06-041. 1 will open these two items with staff comments. Canning: Thank you, President Wardle, Members of the Council. This is the Benelli Springs project. It's located on the east side of Locust Grove Road, approximately 600 feet south of Victory Road. I do want to mention that the -- the long-standing continued item of Casa Meridiana is right to the north. And, then, you have the Tuscany Lakes project -- or the Tuscany project to the south. This is annexation, zoning, and preliminary plat application. The annexation and zoning is for 7.6 acres to a mix of R-4 and that would be six acres, and R-8, 1.6 acres. I think you can see here that the north side of the entrance road would have the R-8 designation and, then, the south side of the entrance road would have the R-4 designation. The preliminary plat is for 25 single family buildable lots and five common lots. All of the homes within the development are proposed to be single family detached homes. The average lot sizes in the proposed development are 8,812 square feet. That would be in the R-4 zone. And 5,085 square feet in the R-8 zone. Approximately 12 percent of the site is set aside for open space. That open space area includes this Ten Mile Creek easement, the landscape island in the cul-de-sac, and landscape buffers. Which are probably not included in that calculation, but those would be the other open space areas. The staff -- the overall gross residential density is 3.3 dwelling units per acre. Staff is recommending a development agreement. The provisions of that would be to clarify that it's only single family detached homes and allowed accessory uses. That the applicant agrees to construct a ten foot multi -use pathway along the Ten Mile Creek easement, as noted on that plan and from Locust Grove Road to the southeast corner of the property and that there be a maximum of 25 single family building lots. So, really, the main purpose is for Meridian City Council September 12, 2006 Page 36 of 58 the pathway construction. The main purpose of the DA. We don't have elevations for you tonight. The Commission has recommended approval at their August 3rd, 2006, Public Hearing. Kevin McCarthy spoke in favor. No one spoke in opposition. Renee Seeley commented. The key issues of discussion by the Commission were groundwater concerns with slab -on -grade construction. This is an area where there has been a lot of concern about high groundwater. I believe Len has further information on that issue, should you require it. And, then, access to the parcel to the south. There was some question by one of the Commissioners whether this should provide a stub street and a bridge -- let me briefly address that. It is a relatively small parcel. Staff did consider the need for that. Given its size, we felt it probably would develop with at most a common driveway with three or four homes. So, you know, triangle -shaped parcels just don't redevelop easily -- or don't develop easily in general, so we don't anticipate a lot of development on that piece of property. And didn't see the need for a bridge and a public street stub. So, the one outstanding issue for the City Council -- the applicant was supposed to come back with more information for you regarding groundwater and the type of construction proposed. And with that I will answer any questions you may have of me. I did want to point out -- sorry. Forgot. That we do have a stub here going to the Casa Meridiana property. A public street stub. With that I will answer any questions. Wardle: Thank you, Anna. Council, questions for staff? Bird: I have none. Wardle: Would the applicant, please, come forward. If you can place that on the easel, there. And then, please, state your name and address for the record. McCarthy: Good evening. My name is Kevin McCarthy. My address is 9777 Chinden Boulevard with Toothman-Orton Engineering. For the most part, as far as staff comments are concerned, we didn't take much exception to any of those things and we agree to almost all the items they brought up at the P&Z hearing. One item that we have kind of already addressed on -- you can see on that map there, that originally -- and you can see on the preliminary plat we show the pathway along the Ten Mile Creek on the south side of the creek and we relocated that to the north side at staffs recommendation, so it ties in better with the Tuscany development to our east. So, we agree to do that. As staff mentioned, the groundwater issue, we do have ongoing groundwater monitoring. We are monitoring all through the irrigation season here coming up. We are well aware that it -- there is high groundwater in the area. So, we may have to consider going to slab -on -grade construction and some of that will just depend on how much fill we have to bring into the site. One thing that we were not aware of prior to the P&Z hearing, but we have been made aware of now is that a flood study has been performed by Paul Kunz for the Tuscany development and it is going to have some impact on our property. It could cause us to fill more than we would have otherwise. So, we are not going to necessarily commit to that slab -on -grade construction, because if we have to fill the site three feet, we will probably be able to go with standard footings in that area and not have to necessarily worry about groundwater Meridian City Council September 12, 2006 Page 37 of 58 issues. We are waiting for -- Paul Kunz hasn't finished his flood study yet. Once he does that we will be able to determine the amount of fill we will have to have on the site. That's something new that I'm not sure staff was aware of prior to this meeting. The other things that have come up a little bit -- sewer and water were -- I think we are on board, everything there. With that I'll answer any questions that you may have. Wardle: Thank you. Council? Bird: I have none. Borton: Mr. President? Wardle: Mr. Borton. Borton: I can't tell from what you have got on the board. Do you have the pathway to the north side of -- McCarthy: Yeah. I do. I'm sorry. The gray shade that you see here -- that gray line right along there, that's the pathway we are showing along the north side of -- Borton: Okay. McCarthy: And that's all included in a lot that's, you know, a hundred foot on center. So, fifty foot from that center line is where the rear of the lots are at. So, it's all -- the Ten Mile Creek is all included within it's own lot. Borton: Okay. Thank you. Wardle: Council, I have an additional follow-up question of staff while we have the applicant. Anna, is -- you have heard the determination before, the need for slab on grade will be ongoing and determined. Is that something that could be determined at final plat stage? Do we need to make the determination now? Grady: President Wardle, with this new information it would almost seem prudent to commit to slab on grade and back off if -- if we can come to some sort of agreement later. I know there is a lot of stuff going on, some groundwater monitoring, but I also know that there is some -- some of the old monitoring showed some fairly high groundwater levels in there and I'm not sure what mechanism we would use in the future to insure that those -- those homes are protected in there. So, again, if you -- if it's possible to take the more stringent approach and let us back off in the future, that would be my recommendation. Wardle: Is that -- Meridian City Council September 12, 2006 Page 38 of 58 McCarthy: I'm not opposed to that. I just would like to -- if we do have to fill for the floodway consideration, that we possibly back off that requirement and not require the slab on grade. Grady: I'd sure agree with that. McCarthy: Okay. Thank you. Wardle: Council, anything further? Mr. Rountree? Rountree: You have indicated there is a flood study being done. What are you going to do if it happens to be in the zone of no build? Are we going to be back here with a replat? McCarthy: No. We have already -- in speaking with Paul Kunz who is performing the study, it's not going to be in the no build zone, it won't be in the floodway, it would be in the flood plane. Rountree: Okay. McCarthy: So, basically, he's going to establish elevations that we would, then, have to comply with your flood plane ordinance to be above those elevations. Rountree: Thank you. Wardle: Thank you. Thank you. This is a Public Hearing. Anyone else wish to testify on these applications? Anything further from the applicant? Council? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we close AZ 06-033 and PP 06-041. Rountree: Second. Wardle: Moved and seconded to close the Public Hearing on Items 14 and 15. All in favor? MOTION CARRIED: ALL AYES. Borton: Mr. President? Wardle: Mr. Borton. Meridian City Council September 12, 2006 Page 39 of 58 Borton: Give you my two bits on -- on the project. I guess I'm somewhat reluctant on the development of smaller parcels and I know that's how it takes place often and how it takes place in certain circumstances, but oftentimes I look to see if there is something compelling about a project that makes it be something that the City of Meridian is better off having and nothing strikes me with this particular project. How it's set up does that for me, so -- so for what it's worth that's -- Wardle: Thank you, Mr. Borton, for the record I will welcome Madam Mayor to our meeting. De Weerd: Thank you. Wardle: I'll continue to run it, if that's okay. Council? Rountree: Mr. President, I would move that we approve Item 14, request for annexation and zoning for AZ 06-003, with the development of a development agreement as identified by staff and with the condition that would provide for slab -on -grade construction. Bird: Second. Wardle: It's been moved and seconded to approve Item 14, with the addition of a requirement for slab -on -grade construction. Anna. Canning: President Wardle, Members of the Council, Councilmember Rountree in particular, would the -- I have some proposed language to reflect the discussion I heard tonight and if this is appropriate, if you could amend the motion to say that. The homes shall have slab -on -grade construction unless an alternative building technique is determined appropriate at the time of final plat approval. Rountree: That's fine. Canning: Thank you. Wardle: Second agrees that that's okay? Bird: Yeah. I agree with it. Wardle: Thank you. Mr. Clerk, will you, please, call roll on Item 14. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Wardle: Item 15. Meridian City Council September 12, 2006 Page 40 of 58 Rountree: Mr. President, I move that we approve Item 15, PP 06-041, preliminary plat. Bird: Second. Wardle: It's been moved and seconded to approve Item 15. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Wardle: Madam Mayor, would you like to -- Item 16: Public Hearing: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 for Cedar Springs Townhomes by John Flaherty Construction — south of W. McMillan and west of N. Meridian Road: Item 17: Public Hearing: PP 06-033 Request for Preliminary Plat approval of 48 attached single-family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on a total of 11.05 acres for Cedar Springs Townhomes by John Flaherty Construction — south of W. McMillan and west of N. Meridian Road: De Weerd: Okay. Thank you. Items 16 and 17 are public hearings on RZ 06-006 and PP 06-033. 1 will open these public hearings with staff comments. And thank you for -- I'm sorry I'm late, Council. We were at one of our Mayor's anti-drug coalition kickoff events for Project 7th Grade. I brought my drug test to let you know that I have been working. Rountree: And use it carefully. De Weerd: And I was clean. Borton: Let the record reflect she's holding a box. Canning: Madam Mayor, Members of the Council, this is the Cedar Springs Townhouse development. It's located on Lot 2, Block 36 of Cedar Springs Subdivision No. 4, which is just west of the entrance road to Cedar Springs along McMillan Road. No. Wait a minute. Just east, sorry, of the entrance road on McMillan Road. You can see that most of the area around it has been preliminary platted. Some of those developments haven't been -- this is Amber Creek. That hasn't been developed yet. We are just beginning to see -- this was the preliminary plat approved and, then, you have got Paramount to the north and to the east of that. Most of the Cedar Springs development has been constructed. This is the preliminary plat. Again, very difficult to read, so I'm going to spend most of my time either on using this landscape plan, which is a little 9 Meridian City Council September 12, 2006 Page 41 of 58 CIS easier to see, or this conceptual townhouse plan. The applicant has applied for rezoning of 6.82 acres from R-8, to R-15 and preliminary plat approval of 68 residential building lots and 48 of those would be attached single family units in the R-15 zone and 20 detached single family units in the existing R-8 zone. They have also -- there is five common lots and that's on 11.05 acres. The total gross density of the development is 6.15 units per acre. Approximately six percent of the site is being set aside for open space. The development also includes a micropath at the south end of the property to Cedar Springs North. As I mentioned before, the gross residential of the individual zones -- the overall of 6.15, but the -- it's 7.04 within the R-15 and 4.73 within the R-8. I think that you can see the flag lots. Those are the proposed R-15 designation. The large lots are the R-8 lots. As background information, the original preliminary plat for Cedar Springs, which was done in 2002, noted that this site was to be developed as attached single family units. The note reads: Future attached single family residential areas. I think that the applicant had thought that it was approved for a higher density, but in looking through our records we could only ever find R-8. But there is a clear note that says it was for future attached single family residential area. Staff is recommending a development agreement that includes the following kind of nonstandard provisions. That would be the maximum, the 68 dwelling units, and that the applicant commit to construct the townhouses according to the elevations provided with the preliminary plat application. And I do have those elevations. This is them. The Commission recommended approval at the August 3rd, 2006, Public Hearing. Daren Fluke spoke in favor. No one spoke in opposition or commented. Key issues of discussion by the Commission were the courtyard design with those flag lots and the minimum lot sizes and shared drives and that was with reference, actually, to the R-8 units. Some of them were short a little bit of frontage. There is a condition of approval that deals with that. The only outstanding issue -- this will become apparent as I show you some photos that I have developed. It's just whether or not Council wants to incorporate a condition on the preferred common driveway construction and it's not really an issue, it's just whether or not you want to comment on it. These next photos are not provided by the applicant, these are just ones that -- pictures I went out and took. When you were struggling with these flag lots you asked me for Southwick Subdivision. I committed to going out and taking some lots of how these developed and bringing those back to you. Well, Southwick changed their design, so I never presented those, but I have picked a few of those for -- to provide you tonight. So, let me show you those. Oh, these are more elevations. There were two buildings. I'm sorry. Okay. This is one -- and this is probably the closest one to what the applicant is doing. These are attached units, similar to the applicant's proposal. They have got them attached at the garages, kind of in the center of the project and you will see here that there is -- it's very similar. There is two units here and two units here and you can see the relationship and how those face the street. There is a very friendly appearance to the street, similar to the ones they have proposed. Here is the front elevation of the street elevation of the ones they have propose. Again, the garages are similarly placed and the front doors are similarly placed. This one would be just around this corner. You can't really see the front door in the elevations, but the back unit it would be just around that corner. And that's how this one works, too. It's just around that corner. This is another one -- oh, let me point out how this one is constructed. This one you have got the sidewalk coming down, you Meridian City Council September 12, 2006 Page 42 of 58 have got the pedestrian ramp. There is a vertical curb. That vertical curb extends around the corner and, then, you have some colored stamped concrete on the edge of this common driveway. You have also got some colored stamped concrete kind of defining that division for where that common driveway is and where pedestrians might walk, kind of the continuation of the sidewalk. So, that's how that one is constructed. You will see there is a variety of construction techniques and I just don't know if Council has a preference, since these are kind of new for them. This is another one and, actually, one of these units may be John Flaherty units. I think that some of them were -- that this was a project -- I think one of -- at least one of them is Flaherty and one is Legends, but this is a little different. What you have here is a sidewalk that comes across -- these are detached units, but they load from the center again and you see the units in the back. You, obviously, get it distorted here, because I have got it kind of in a panorama. But the front of them, again, is very friendly to the street, a nice street appearance. This is further down the driveway, so it's easier to see those back units. But you have got the front doors on the back. The garages all take entrance from the side here. In this case they are not attached, though. They are separated there. So, that's just a couple quick examples of flag lots and how those kind of parking courts look. Because these are photos, these driveways look ten times longer than they really are. That's just the distortion of the camera, so that they look very long. They are not very long. This one is constructed with an asphalt common drive, with a concrete ribbon curb and, then, concrete parking pads to kind of differentiate where the home -- the private driving areas are -- and I have a detail of that, so you can see the sidewalk, it's just a rolled curb going onto the private drive, similar to most driveways with a concrete ribbon curb. The attached sidewalk. This is a third option on the construction. This one has attached sidewalk. A rolled curb coming around the corner. The example we saw had a vertical curb. This one has a rolled curb. There is just a -- valley gutter providing that kind of distinction between the common drives and the public street. This one was a common drive. Maybe use asphalt. So, this one looks more like a straight -- this particular development I didn't show the whole thing. These are very large lots. These are ten, 11, and 12 thousand square foot lots in this flag lot development. This one they are closer to 8,000 square feet. The same development. And, then, this one they were much smaller, so -- kind of three different scales there of flag lot development. So, that's my flag lot presentation, along with the Cedar Springs Townhouse, presentation and I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions? Hi. Fluke: Hello. And thank you, Madam Mayor. Daren Fluke, JUB Engineers, 250 South Beachwood in Boise, representing the applicant. Anna did a good job describing the project to you, so I won't belabor that. I, basically, want to make two points. One is I know that the Mayor and Councilman Bird were on the Council when we originally brought Cedar Springs North through and so the point I want to make is that this was always intended to be developed with something of this nature. That's why it was platted as an 11 acre lot. We just weren't -- didn't have designs at that time and so we agreed to come back with our application, which is what we are doing now. I did provide an analysis in the application showing that we have plenty of open space within Meridian City Council September 12, 2006 Page 43 of 58 Cedar Springs North to accommodate this project. They will have full access to all of those amenities that are in the existing project and this is just a real natural addition. The second point I want to make is what a nice addition this will be to this neighborhood. Councilman Borton just made the comment that he looks for something special or particular about applications that add something new, different, or nice to the City of Meridian and I think you would all agree that this is different than what's in the neighborhood. Everything you see out there is in the neighborhood of six or eight thousand square foot lots with detached units. This is a different market. This is meant to reach people who are empty nesters, people who don't have kids, people who don't want a yard to take care of. The applicant anticipates, actually, that some of his buyers may be people who have -- older folks who have family living in the Cedar Springs Subdivision and may not even live here year around, but want to have a nice place to live when they are here with their family. And so that's sort of the market that he's going for. It's very well situated with regard to commercial uses and the transportation system. There is commercial just to the north about a quarter mile east. There is commercial just to the west about a half mile, I believe. So, it's got a lot of the things that you look for when you do a higher density project. The last thing I want to talk about is design. I think we understand that with the project like this you're not looking to just pack units in, but you want something that looks nice that doesn't detract from the surrounding properties and it's really an amenity to the city, if you will. To that end we came up with this site plan, which we are pretty proud of. We have done a lot of work on this, had a lot of iterations in coming up with this. We do have the courtyard concept. They have flag lots, sort of -- because they have flags, but that's, really, their only resemblance. These are more patio homes where they share these motor courts in the middle. And so the idea is that you have two units that -- De Weerd: Daren, I'm sorry. Fluke: Yes, ma'am. De Weerd: But can you put it up somewhere so everyone can see what you're pointing at? Fluke: What this one has that the other one doesn't have are the building elevations. So, I guess we can talk off the screen here, but these courtyards are intended to accommodate the four garages. The way we were designing this was with rolled curb around the public street, which this is all public street. It will have rolled curb on both sides. It is intended that the driveways will be concrete and they will be delineated much like you saw on one of the photos with a stamped and colored concrete, probably as a border, leaving the center as your standard concrete, which does sort of delineate that as private property distinct from the public property. The advantage to us using the rolled curbs, then, is that we don't -- you don't necessarily have to have it at every driveway and you sort of get to the same place with a little bit of nicer design with the concrete on the driveways. So, again, I think I'm just going to leave it at that. We are very proud of this project. We'd love to see it built out here and I will just stand of any questions that you might have. Meridian City Council September 12, 2006 Page 44 of 58 De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Fluke: Thank you. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony? Okay. Seeing none. Yes, Bill. Johnson: Madam Mayor, Members of the Council, Bill Johnson from the Fire Department. Just one comment on the flag driveways there. I know it isn't intended to have parking there, but, you know, at times -- and the applicant even stated, you know, that elderly -- older people that may only be there part of the time, may have family that come and visit, as they start parking in these areas it's hard, because they are private driveways, to maintain access, even though in the plot it addresses it, it meets code, it's just one of those things that's kind of a nuance there that we could run into some access issues with parking and that was a discussion I had with the fire chief earlier today on this project. De Weerd: Thank you. I appreciate you bringing that up, because I think this is similar to some of the concerns from SSC. Anna, did they provide any comments on this -- on this application? Bird: Anna, go back to your picture that you had that had that red pickup parked in the roadway. It gives you a good example of what's going to happen. There you go. Canning: Madam Mayor, Members of the Council, I'm looking first for -- if the -- there is a requirement on the fire department -- there shall be no parking permitted on the proposed shared driveways. SSC will not provide trash pickup services utilizing the common drives. The developer shall install concrete pads at the end of the common drive no more than five 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 and that is one of their standard conditions of approval. Did that answer Council's concerns -- Mayor and Council's concerns? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd like Daren to get up and publicly say that they will post all these flag driveways at no parking. Meridian City Council September 12, 2006 Page 45 of 58 Fluke: Madam Mayor, Daren Fluke again. Certainly we'd not prefer to put up no parking signs within this entire project. We are trying to make something that looks nice and, you know, that certainly wouldn't be our preference. There is a condition of approval, 3.13, that there be no parking in the driveways and we understand that. I just think that from a design perspective if you have a no parking sign at every single one of those driveways it's going to look like a forest of road signs in there and completely defeat what we are trying to do. Bird: But who is going to -- who is going to make sure that there is no parking in there? If I'm a visitor out there, I don't know that there is no parking in there. I haven't read the development agreement or the plat or anything. I pull in there and park. And 90 percent of your people that live in those houses don't know it either. Fluke: Madam Mayor, they are all private driveways, first of all. The public streets are 36 foot wide street sections, which accommodate parking on both sides. So, there ought to be no need for visitors to park on the driveways themselves. There is -- because there is ample parking within the project on the roadways. Bird: And I realize they are private driveways, but that guy that lives in the back of that, at the end of it, he'd sure like to be able to get a fire truck in there if he had a problem. Fluke: Madam Mayor. Correct me if I'm wrong, deputy chief, but I don't think you will be pulling fire trucks into those driveways in any event. The depth on those driveways are all less than 150 feet and they are not provided with fire truck turnarounds and so I - - my understanding is that you wouldn't, but -- Johnson: Typically, even if they are less than 150 feet, we may still pull down in there, it's just that that short of distance it's safer to back -- back up using a spotter to back out and back onto the main public street, but if we have a fire back in there, we are going to get just as close as we can in there to deploy our lines, because we have got to get around to the back of the structure, as well as the front, and most of our lines are 150 feet long. Fluke: Well, I stand corrected then. My understanding was that you need a turnaround for the fire truck to pull in there, because every project I have ever done I have had to have a turnaround if it's more than one lot deep. But what we have got -- it will be parking here. The parking is provided in front of the garages, with no need to park in the throat. You know, there are driveways here right on front of the garages that meet the Meridian standard for parking at 20 feet in depth. So, I would -- I mean all I wanted - - I don't want people to think that they can't park in front of their garage. You know what I mean? De Weerd: Daren, I see you had a neighborhood meeting. Did anyone attend? Fluke: No, ma'am. Meridian City Council September 12, 2006 Page 46 of 58 De Weerd: And they were provided the plat and that sort of thing? Fluke: Yes, ma'am. De Weerd: Okay. Thank you. Anything else from staff? Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Daren, on the SSC question, can you show me where you anticipate this to work? I mean I -- by way of example up here in the northeast corner is it a situation we are going to have, you know, a concrete pad and nine garbage cans and piles of trash in front of this guy's house and this house? I mean is it a good plan that's just inviting a problem for the homeowners? Fluke: Madam Mayor, I guess I have two comments that I -- my first comment is that there is ample room out front here to put a pad on either side of the driveway that's a concrete pop out that would accommodate the residents pulling their trash cans out to curb side. And on this particular section here the comment does say that it can be anywhere from five -- up to five feet behind the right of way. There is ample room to put a pad here for people to place their trash cans there on pick up day. The second comment I'd have is I think it would be a pretty sorry commentary if a nice project like this couldn't get approved because the trash people didn't want to come down the driveway and pick up the trash cans. I mean the residents -- everybody else has to drag their trash cans out to the curb, why would these folks not have to, you know. I mean -- Borton: I'm not saying they wouldn't, I'm just curious if you are going to have -- invite a situation where people are griping because they have got what looks like a mini garbage center in front of their home every week with people putting all their garbage in one spot. Fluke: I guess the way we will deal with that is to just in the CC&Rs we will require that people not leave their trash cans out there during the week and that they simply pull them out on trash day, just like every other neighborhood. Borton: It just -- it invites a difficult enforcement issue, like Councilman Bird brings up with the parking. I mean I know all too well what CC&Rs can and can't do. I mean intentions are noble, I don't doubt it, what you're saying, but it invites a problem where, you know, not only will you have people understandably violating the daily parking there, but you will probably have people understandably violating trash CC&Rs as well. Not necessarily your fault, but whatever invites problems down the road and, then, we hear about it. Meridian City Council September 12, 2006 Page 47 of 58 Fluke: Madam Mayor, I guess I would only say if you -- if the Council had advice or consent on that, we'd certainly be glad to hear it. It is one of those minor issues with the kind of project that I don't know that there is a great solution to, so -- Borton: Fair enough. De Weerd: Okay. Any other questions, Council? Fluke: Madam Mayor, I'd also make the point if no parking signs are a make or break, we will certainly do them. I just don't think it's going to enhance the design of the project one bit. Bird: And I would agree with you. De Weerd: Okay. Any further information needed? Questions for staff? Okay. Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to close the public hearings on RZ 06-006 and PP 06-033. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 16 and 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I have just a comment. De Weerd: Mr. Rountree. Rountree: I don't have a history with this particular project and this particular plat. Apparently had designs in mind like this, but was zoned an R-8. I don't see any compelling reason to rezone from R-8 to R-15. We have had this type of presentation before and low and behold the project came back to us as an R-4. So, I guess some people may think there is a market for this out there and I don't see this as a compelling need to change the zoning. So, I'm probably not going to vote in favor of this particular application. De Weerd: Okay. Thank you, Mr. Rountree. Any other discussion, Council? Bird: Madam Mayor? Meridian City Council September 12, 2006 Page 48 of 58 De Weerd: Mr. Bird. Bird: I -- sitting on the Council when Cedar Springs one, two, and three come forward, I didn't -- I am in agreement with Councilman Rountree. I don't like this high density out in that area. Maybe there is a -- I'm not a real estate marketer, I don't know what's being asked for out there now, but the rest of that area, I just -- I can't see going from R- 8 to an R-15. Maybe there is a market out there for it, but right now I don't -- I don't feel like I'm anxious to approve that high of density out there. De Weerd: Anna, did you have something? Canning: Madam Mayor, Members of the Council, I -- perhaps in my testimony before I -- typical of the planned development at that time, although the concept may have been presented for attached units -- and I think it was -- they just zoned everything one designation. De Weerd: I'm sorry. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: I might suggest that we reopen the hearing to get some comments on the record. It's a technicality, but it's important information. Bird: That he should be allowed to respond to. De Weerd: Okay. Council, if you'd like to consider those comments, I would entertain a motion to reopen the Public Hearing. Bird: Madam Mayor, I'd like to have everybody have their deal. I would so move. Rountree: Second. De Weerd: Okay. I have a motion to reopen the public hearings on Items 16 and 17. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Anna? Canning: Thank you, Madam Mayor, Members of the Council, I guess I will apologize in advance, because I'm a little frustrated by what I'm hearing, not in regard to this specific proposal, but perhaps in general. Although this is zoned R-8 currently, the R-8 designation does allow up to eight units per acre, as does the Comprehensive Plan for this area, and this is within that eight units to the acre. We have had a lot of discussions •Meridian City Council September 12, 2006 Page 49 of 58 about Blueprint For Good Growth and about the need to have some areas with some higher density development. This would be a direction I think that the City of Meridian could pursue with these courtyard lots, rather than with what I consider to be very minimal designs that we get on the front loaded attached units, basically what looks like half of the Canterbury Commons units that we saw earlier today, those townhouses, if you split them in two. That's typically what we saw. A very garage dominated landscape with the R-8. This was approved for -- the plat specifically says it was approved for attached units. They could do a standard R-8 sub with 4,000 square foot lots and put these attached units on them. I just -- I guess I need more direction from Council. I'm looking at a Blueprint For Good Growth meeting coming on Thursday and if the Council is only looking for 8,000 square foot lots, I need to get us out of Blueprint For Good Growth gracefully, because that's not what they are recommending Council go towards. They are recommending that you move eight units per acre. Now, it doesn't happen automatically and I'm not trying to say that, but there is -- I need -- I need to know where we are going. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll give you the comments of one Councilman. Nine years ago I thought we needed to change. I'm not too sure that a couple of Councilmen that stepped off weren't right when we did change. I see us getting a lot of high density. We just approved a high density thing on -- at one location. I think there is areas that we need to stay in medium density. R-15 to me is not a medium density. I mean R-40 and stuff like that, I realize you guys do consider it. Blueprint -- I don't think -- I don't think this City Council has adopted Blueprint. So, I don't -- I don't know, Anna, what to tell you, but on my end I'm going to take it as application by application, location by location, myself and I know that you're going to come forward with what you think is the best thing and I admire you for it and 90 percent of the time I agree with you. The other ten percent we disagree, but that's okay. De Weerd: Okay. Council, I would ask if there is any other discussion before I ask for any remarks from the applicant? Okay. Fluke: Madam Mayor, thank you. I very much appreciate the opportunity to respond. I understand the Council's concerns regarding density, I think, and I think that was a good project you approved earlier. The one thing I didn't point out to you is just the elevation view that we have here from McMillan Road. This is what you will see with the existing landscaping with the buildings that we are proposing. Essentially, it looks like a single family residential project. I appreciate Anna's comments as well. You need to find a way to incorporate some density into your city without ruining the whole reason why people want to live here and they want to live in detached single family areas. I think -- excuse me. I think this is a good way to do that. That's my opinion. With regard to what we were approved for earlier on, I just want to direct your attention the narrative that I wrote on October 11th, 2002, which should have been included in our packet. In Meridian City Council September 12, 2006 Page 50 of 58 particular on page two, paragraph three, it says the area intended to develop with attached single family residential units, townhomes, contains approximately 11.5 acres and is located at the northeast corner of the project. The applicant is seeking conceptual approval for up to 112 residential units with detailed approval to come at a later date to renew preliminary plat application. The lots in this area will be at least 4,000 square feet in size and will accommodate zero lot line buildings in accordance with the provisions of the R-8 zone. It's important to note that the project as achieved -- I'm sorry -- as designed achieves an overall gross density of only four units to the acre. That was Cedar Springs North without this -- this lot. This was at the lower end of the three to eight units contemplated by the Meridian Comprehensive Plan for the area. So, although this looks dense on paper, this -- this discrete portion of Cedar Springs North, the 11 acres, only comes in at 6.1 units to the acre. If you factor in Cedar Springs North, which this lot was originally platted, we still only come in at less than five units to the acre in an area that you're own Comprehensive Plan that you have adopted has designated this as medium density residential, which, correct me if I'm, Anna, but allows eight to 15? Canning: Three to eight. Fluke: Three to eight. So, we are a full -- almost two full units below the density that was contemplated by your adopted Comprehensive Plan. So, I appreciate your comments and I hope you will take my comments for what they are worth. If you had questions I would take those now. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a point of clarification. Anna, given the current zoning of the property and the narrative that was just described, can those -- can that narrative be achieved in an R-8 zone? Canning: The R-8 zone, theoretically, allows up to eight units per acre. It wouldn't accommodate this style of courtyard development. Wardle: And, Madam Mayor, clarification that the specific narrative described attached single family dwellings, zero lot line, all of those things would be allowed within an R-8 zone; correct? Canning: The attached single family is a principal permitted use. The zero lot lines question comes up as to whether they -- that needs approval at the preliminary plat stage. Wardle: Okay. Thank you. Bird: Madam Mayor? Meridian City Council September 12, 2006 Page 51 of 58 De Weerd: Yes, Mr. Bird. Bird: Anna, on an R-8 what's the minimum lot size? Canning: Four thousand square feet for attached -- Bird: What's the width? Canning: Forty feet with a shared drive. Bird: Thank you. De Weerd: Any other questions or discussion? Fluke: Madam Mayor, could I make one more point to that? De Weerd: Uh-huh. Fluke: Anna, could we see the plat, please? That's good. The R-15 is only on this area here and this area here and the only reason -- and I mean the only reason I came to you and asked for an R-15 is so that we could try this courtyard type development. There is no other reason to do R-15 and, honestly, I think the R-15 is a moot point. We are sort of getting hung up on semantics -- or on semantics here, because you get what you get with the project, six units to the acre, with good design, whether it's R-15 or R-8. If you want to let me do that in R-8, regardless of the code, I would be happy to do that and I'll throw out the R-15 right now. But I did that because that's what the code backed me into doing to do this kind of project. So, you know, don't get too hung up on R-15 and 15 units to the acre, because this project is six units to the acre on that 11 acres or only four units to the acre on the entire 80 that was Cedar Springs North. Thank you very much. De Weerd: So, Anna, the reason that he is doing the R-15 is to do this particular courtyard design? Canning: Yes, Madam Mayor. As I understand it, it's probably the size of the lot. I'm guessing that they are not 4,000 square feet; is that correct? Because the flags would be allowed. It's not -- the frontage is not a question, it would just be the size of those lots. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Can I ask another -- and that's why I had asked Anna about the -- Daren, what's to say, though, if we -- if we approve the R-15, that the lots you say are not -- that are Meridian City Council September 12, 2006 Page 52 of 58 16, 15, 14, and those lots there, by the time final plat comes in if they haven't been changed into the smaller lots also and, then, done in that type of a set up? What's to say that don't happen? Because it does happen. Fluke: Madam Mayor -- well, I guess two points. One, I will commit to you right here and now that it won't happen. But, two, and more importantly, the conditions of approval require compliance with the preliminary plat and if we want to -- you know, we are -- I don't know how we would get more lots in than that and comply with this preliminary plat. This was what the applicant wants to build, this is an upscale project to match what's being built around us, particularly Cedar Springs to our south and it doesn't benefit this developer, nor the projects around us, to try to put in something else. So, we will -- if the conditions of approval require it, we will put it right in the development agreement and that's what you will see when the final plat come in, I guarantee it. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Councilmember Bird, the development agreement currently includes provisions that there be a maximum of 68 dwelling units and the applicant commits to construct the townhomes according to the elevations provided with the preliminary plat application. That development agreement would just apply to the R-15. Fluke: Anna, do we not have a condition of approval that requires conformance to our preliminary plat? Canning: There is always that. Bird: That's standard. Fluke: And to me that says it all. If I was the staff and a final plat came in that looked one lot different than this, you don't take it forward. At least I didn't when I was staff. You know, you just don't. That's -- conformance with the preliminary plat is conformance with that picture you see right there. De Weerd: Okay. Any further questions? Thank you. Fluke: Thank you. De Weerd: Okay. Council, if no further information is needed, we can close this Public Hearing. Bird: Are we done? Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 12, 2006 Page 53 of 58 Bird: I would move we close the public hearings on RZ 06-006 and PP 06-033. Rountree: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 16 and 17. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess now it's my comments on the project -- sorry, Madam Mayor, we seem to have a microphone issue. My comments on the specific development are related to zoning and some of the comments, you know, from the planning director about our planning and Blueprint For Good Growth, I wouldn't tie our need to be in that or need to be out of that to one development. There is plenty of reasons for both sides of that argument. But in this specific case I think we are talking about the common drive area that this Council has sort of struggled with on other applications, regardless of zoning, they need to have that zoning to do the specific application. Actually, I hadn't seen before the planning director's presentation, which is another application on the actual application of common drive aisles and I think the presentation that she made is compelling enough for me to agree that it can -- that it can work. It's not right for every circumstance, but that really is the question in my mind for this application, so -- but that is kind of the question I think that we have in front of us as a Council and this decision will definitely give the director some guidelines to go forward. De Weerd: Thank you. Any further discussion? If not, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I will make a motion and see if I get a second. I move that we approve Item 14, AZ 06 -- I'm sorry. Item -- De Weerd: Sixteen. Wardle: Sixteen. Thank you. Item 16, RZ 06-006. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 16. Is there any discussion? If not, Mr. Berg, will you, please, call roll. Meridian City Council September 12, 2006 Page 54 of 58 Roll -Call: Bird, nay; Rountree, nay; Wardle, yea; Borton, yea. Berg: Tie breaker, Madam Mayor. De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 17, PP 06-033. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, nay; Rountree, nay; Wardle, yea; Borton, yea. Berg: Madam Mayor, tie breaker. De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 18: Public Hearing: VAC 06-011 Request for a Vacation of the public utility, drainage and irrigation easement common to Lots 3 and 4, Block 3 for Jayden Village Subdivision by Beachwood Builders, Inc. — 3059 & 3077 N. Christian Way: De Weerd: Okay. Item 18 is VAC 06-011. 1 will open this Public Hearing with staff comments. Canning: Assuming I'm still the planning director, Madam Mayor, Members of the Council, this is the Jayden Village application for a vacation. It is for Lots 3 and 4 of Block 3, Jayden Village. It's located south of Ustick, west of Black Cat. The single family -- Madam Mayor, Members of the Council, I -- just to intertwine a brief discussion about vacation applications, we don't bring these to you until we have relinquishment. If you would like to speed up these public hearings, I would suggest that it may be appropriate to ask in advance if there is anyone actually here for the hearings, because I have never seen anyone show up for a vacation hearing yet. If there is I would be happy to give a presentation, but if there isn't, it would -- certainly we could just move on. Meridian City Council September 12, 2006 Page 55 of 58 De Weerd: Okay. Anyone here in the public who is here for this item, No. 18? Canning: He is the applicant. De Weerd: Other than the applicant? Would the public that is here like to hear a presentation or -- Rountree: Sign him up. De Weerd: All right. We like you. Okay. Anna, you have your answer. You don't need to go into detail, unless Council would so desire. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: The only thing I'd ask -- everything is in line, which it says on there; is that not right, Anna? Canning: Yes, sir. We have all the necessary relinquishments. Bird: Okay. Let's go for it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 18. Bird: Second. De Weerd: Okay. I have a motion and a second to close Item 18. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 18, vacation for VAC 06-011. Bird: Second. Meridian City Council • September 12, 2006 Page 56 of 58 De Weerd: I have a motion and a second to approve Item 18. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest corner of W. Franklin Road and N. Ten Mile Road: (request to be continued to 9-19-06 due to posting requirements) De Weerd: Okay. Thank you. Thank you, sir. Item 19 is Public Hearing MI 06-007. Okay. I do need to open the Public Hearing and this has been requested to continue. Do I have a motion from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue MI 06-007, Public Hearing, due to posting requirements, to September 19th, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. 06-1263 : AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm by Treehaven, LLC — north side of Chinden Boulevard on both sides of Black Cat Road; west of Spurwing Subdivision: De Weerd: Okay. Item 20 is Ordinance No. -- Bird: 06-1263. De Weerd: -- 06-1263. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. An ordinance No. 06-1263, an ordinance for annexation of property being situated in Section 22, Township 4 North, Meridian City Council September 12, 2006 Page 57 of 58 Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2, R-8, R-15, C -C and C -N in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in it entirety? Seeing none. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance No. 06-1263, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and second to approve Ordinance No. 06-1263. Mr. Berg, will you call roll. Rall -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, just one thing before we adjourn. We are holding a faith community luncheon on October 5th at Cherry Lane Christian Church. Certainly would like to invite you to attend, if you would have an interest. We will get further information out to you when it is available. This was our luncheon that we have with our faith community to talk about community issues. Okay. Rountree: Madam Mayor, if I might have a moment. And this for Anna. After the confusion and her scolding. I'm not opposed to density and my comment wasn't about density, my comment was I saw no reason why they couldn't do the same thing with an R-8. The lots could have been a little bigger and they could have done the same thing. That's my -- that was the intent of my objection to it is that I -- you know, they could have done it with the current zoning. The fact that the last one we saw that the applicant took back on their own accord that came back as an R-4 was just -- you know, they go back, they look at these things and they think about them and they come back with something that they feel is maybe more marketable. But an R-8 would have given them six to an acre, if they designed it right. Or could have. Not that I'm opposed to density, because we approved a big one tonight. We approve them every week. So, in terms of direction, keep doing what you're doing. Meridian City Council September 12, 2006 Page 58 of 58 Canning: Okay. Thank you. And I'll have a comment once you're off the record. De Weerd: And, Anna, I guess it does go back to, you know, it's not density for density's sake, it is density where we have transportation corridors that will -- that will allow that density to move and that's where it does make sense. So, that's my soap box, two seconds worth. Council, if there is nothing further, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:43 P.M. (TAPE ON FIL OCEEDINGS) MAYOR A Y DE WEERD\\"\0\,Crr` �`sa,,,�a DATE APPROVED 0 E;ST t WILLIAM G. BERG J , CI CLERK ron n September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT ITEM NO. 5-A REQUEST Tabled from Sept. 5, 2006: Resolution - Adoption of the Ada County Emergency Mgmt Plan, All Hazards Mitigation Plan, Wildland-Urban Interface Wildfire Mitigation Plan, Ada County Flood Response Plan, Ada County Hazmat Response Plan, Ada County Terrorism Response & Ada Cot AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: olix 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. . • Page 1 of 1 Will Berg From: Doug Hardman [dhardman@adaweb.net] Sent: Friday, September 08, 2006 11:17 AM To: Will Berg Subject: Emergency Plan Adoption Memo Attachments: Meridian City Council - Plan Adoption Memo.doc Will, Please see attached memo and forward on to mayor & council. As I mentioned I would be happy to attend the council meeting if that would help. Doug Hardman Director ACCEM Ada City -County Emergency Management 7200 Barrister Drive Office: (208) 577-4750 Fax: (208) 577-4759 Web: www.accem.org 9/8/2006 C� CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. � � BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION PROVIDING FOR THE ADOPTION OF THE ADA COUNTY ALL HAZARDS MITIGATION PLAN, WILDLAND-URBAN INTERFACE WILDFIRE MITIGATION PLAN, ADA COUNTY FLOOD RESPONSE PLAN, ADA COUNTY HAZMAT RESPONSE PLAN, ADA COUNTY TERRORISM RESPOSE PLAN, AND ADA COUNTY WILDFIRE RESPONSE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian support the Ada County All Hazards Mitigation plan and the Wildland-Urban Interface Wildfire Mitigation Plan; and WHEREAS, the Ada County All Hazards Mitigation Plan and the Wildland- Urban Interface Wildfire Mitigation Plan will be utilized as a guide for planning as related to FEMA Pre -Disaster Mitigation, the National Fire Plan, the Healthy Forest Restoration Act, and other purposes as deemed by the Meridian City Council; and WHEREAS, citizens of the City of Meridian are at risk from numerous hazards including floods, hazardous materials, terrorism and wildfires; and WHEREAS, the Ada County Local Emergency Planning Committee has developed the Flood Response Plan, HAZMAT Response Plan, Terrorism Response Plan and the Wildfire Response Plan to address these hazards regionally within all of Ada County; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Mayor and City Council of the City of Meridian do hereby adopt, support, and implement the Ada County All Hazards Mitigation Plan, the Wildland-Urban Interface Wildfire Mitigation Plan, the Ada County Flood Response RESOLUTION ADOPTING ADA COUNTY EMERGENCY MANAGEMENT PLAN Page 1 of 2 0 • Plan, the Ada County HAZMAT Response Plan, the Ada County Terrorism Response Plan, and the Ada County Wildfire Response Plan. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this /;?74--4 dayof , 2006. Z �k APPROVED by the Mayor of the City of Meridian, Idaho, this l 'qday of h'i , 2006. If APPROVED: ATTE 7: "'WILLIAM G. BERG, JR., CLERK RESOLUTION ADOPTING ADA COUNTY EMERGENCY MANAGEMENT PLAN Page 2 of 2 a� FACC i 7200 Barrister Drive • Boise, ID 83704-9293 • (208) 577-4750 Fax (208) 577-4759 • www.accem.org MEMORANDUM TO: Meridian Mayor & City Council FROM: Doug Hardman, Emergency Management Director DATE: September 8, 2006 RE: HAZARD MITIGATION & EMERGENCY RESPONSE PLAN ADOPTION Requested Action Formally adopt, by resolution, the Ada County All Hazards Mitigation Plan, the Wildland-Urban Interface Wildfire Mitigation Plan, the Ada County Flood Response Plan, the Ada County HAZMAT Response Plan, the Ada County Terrorism Response Plan, and the Ada County Wildfire Response Plan. Backeround Mitigation Plans: The Federal Emergency Management Agency (FEMA) requires all communities to develop and adopt all hazard mitigation plans to be eligible for pre- and post -disaster funding (i.e. the foothills flood control structures that were constructed in Boise following the 8th Street Fire). The plan must conform to a rigid set federal planning criteria and cover at a minimum wildfire, landslide, flood, earthquake and severe weather. Ada City -County Emergency Management facilitated this two-year project on behalf of all the jurisdictions within Ada County through public surveys, public meetings, and input from the planning committee, which included City of Meridian representatives from Police, Fire, Public Works, Planning & Development Services, and Water & Wastewater. The end product is a three -volume, 500 page plan that provides a detailed hazard assessment of each community and a list of potential mitigation activities and projects. This plan is available on our web site at www.accem.org/plans.htrnl Response Plans: Our four hazard -specific emergency response plans were developed collaboratively in the 1990s and are reviewed annually by all involved agencies, including law enforcement, fire, emergency medical services, public works, health district, etc. They represent the collective wisdom and lessons learned in emergency response, not only locally, but also nationally. These emergency response plans are either required by law (example: HAZMAT) or deal with significant events (example: flooding, wildfires, terrorism) that could affect Ada County. All of them have similar goals: • To help protect the lives of emergency responders and the public • To reduce damages to property and the environment Ada County • Ada County Highway District • Boise • Eagle • Garden City • Kram • Meridian • Star FACCEn, WilrdfME 7200 Barrister Drive • Boise, ID 83704-9293 • (208) 577-4750 Fax (208) 577-4759 * www.accem.org • To facilitate efficient and coordinated emergency response through detailed checklists These plans are available for review (37 copies) at a multitude of Meridian departments, including: fire, police, public works, clerk, and mayor's office. The plans are also available at the Meridian Public Library and on our web site at www.accem.orWplans.html Status Mitigation Plans: In July our hazard mitigation plans were submitted to FEMA for approval, which was granted, pending formal adoption by the county, the highway district, and each city. This is the last step to conclude the planning process and bring Ada County jurisdictions into compliance with FEMA requirements for hazard mitigation planning. Electronic copies of the plan will be distributed to Meridian departments when all signatures have been received. Response Plans: All of our emergency response plans have been approved by the Emergency Management Executive Council but never formally adopted by each jurisdiction. The Idaho Bureau of Homeland Security recommends all emergency plans contain a Promulgation signed by the chief elected official and recent events in the Gulf States and elsewhere have graphically demonstrated the importance of having and following official emergency response plans. Z:\EMERGENCY MANAGEMENT\Administration\Resolutions\AHMP-Wildfire-All Response PlansWeridian City Council - Plan Adoption Memo.doc Ada County • Ada County Highway District • Boise • Eagle -Garden City • Kuna • Meridian • Star • September 8, 2006 AZ 06-019 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 5-B REQUEST Findings for Approval -- Request for Annexation and Zoning of 10.59 acres from RUT to R-8 zone for Southwick Subdivision -- 1255 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Findings C� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C>-Werla"nwy. M /.. In.the Matter of Annexation and Zoning of 10.59 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential), AND Preliminary Plat approval of 26 single-family residential building lots and 7 common lots on 10.59 acres, by Gemstar Development. Case No(s). AZ -06-019, PP -06-018 For the City Council Hearing Date of. August 22, 2006 (Findings on September 12, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. _ 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-019, PP -06-018 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 August 22, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 revised Preliminary Plat dated July 19, 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 August 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 -06-019, PP -06-018 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 August 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-019, PP -06-018 By action of the City Council at its regular meeting held on the 2, day of '2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_44 �— VOTED /G?��L,• VOTED _;% - VOTED — VOTED Attest: /* William G. Berg, Jr., City Cl Copy served upon Applicant, The Planning Dept, public Works Department and City Attorney. BY Dated: City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-019, PP -06-018 CITY OF MERIDIAN PLANNINGIDARTMENT STAFF REPORT FOR THE HEAR*ATE OF AUGUST 22, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 8/22/2006 (Findings approved on 9/12/06, reflect 8/22/06 hearing) Mayor & City Council Josh Wilson/Jenny Veatch Associate City Planner 884-5533 Southwick Subdivision • AZ -06-019 C�W6 IDAHO Annexation and Zoning of 10.59 acres from RUT (Ada County) to R4 zone • PP7-06-018 Preliminary Plat of 26 single-family building lots and 7 common lots on 10.59 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gemstar Development, LLC, has applied for Annexation and Zoning (AZ) of 10.59 acres from RUT (Ada County) to R-4 (Medium -Low Density Residential) and Preliminary Plat approval of 26 single family residential lots and 7 common lots on 10.59 acres. The site is located east of Linder Road and south of Ustick Road, at 1255 West Ustick Road. This site currently contains one home which is proposed to remain. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -06-019 and PP -06-018 for Southwick Subdivision as presented in the staff report for the hearing date of August 22, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared fmdings consistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on May 4, 2006. At the public hearing they moved to recommend approval. At the City Council hearing of June 27, 2006 the project was continued so that images of the proposed flag lots could be provided. On August 8, 2006 at the City Council hearing, the applicant brought a revised preliminary plat that eliminated the flag lots and reduced the total number of residential lots from 42 to 26, making the gross density 2.43 dwelling units/acre. There was discussion regarding the appropriateness of R-8 or R-4 zoning and the impact of a step down on surrounding property and uses. Staff had not had time to review the revised preliminary plat. The hearing was continued to August 22, 2006 to give staff time to review the changes and evaluate the revised plat for compliance with R-4 zoning standards and requirements. Staff has updated the Staff Report to reflect the changes made (changes are in bold). On August 22, 2006 the City Council approved the subject applications a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant Representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: Southwick Subdivision AZ -06-019, PP -06-018 PAGE 1 CITY OF MERIDIAN PLANNING40ARTMENT STAFF REPORT FOR THE HEARIIWATE OF AUGUST 22, 2006 i. Common driveway and house orientation c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTIONS Approval (All Applications) After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -019 and PP -06-018 as presented in the staff report for the hearing date of August 22, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial (All Applications) After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 019 and PP -06-003 as presented in the staff report for the hearing date of August 22, 2006, (add any proposed modifications.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-019 and PP -06-018 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Linder Road and south of Ustick Road/ 1255 W Ustick Road Section 36, T414 Rl W b. Owners: CR Kellogg 600 Swan Falls Road Kuna, ID 83634 John Kellogg 1255 W. Ustick Road Meridian, ID 83642 c. Applicant: Gemstar Development, LLC 228 E. Plaza Drive, Suite I Eagle, ID 83616 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of revised Preliminary Plat (attached as Exhibit Al): Febrdafy 8 July 19, 2006 2. Date of Landscape Plan (attached as Exhibit A2): February 15, 2006 5. PROCESS FACTS Southwick Subdivision AZ -06-019, PP -06-018 PAGE 2 CITY OF MERIDIAN PLANNINCWARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined. by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: April 3 and April 17, 2006 (for P & Z Commission hearing) and June 5 and June 19, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for P & Z Commission hearing) and June 2, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10, 2005 (for P & Z Commission hearing) and June 15, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Existing home and vacant land b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, much of which has been recently approved for residential developments, including Crossfield Subdivision to the east which was approved for 245 single family homes. c. Adjacent Land Use and Zoning 1. North: Rural residences, zoned RUT. 2. East: Crossfield Subdivision, zoned R-8.. 3. South: Meridian Park Subdivision No. 1, zoned R-4. 4. West: Rural residences, zoned RUT. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Existing mains in Ustick Road. Location of water: Existing mains in Ustick Road t the north, as well as a stub from NW. 13th Street to the south Issues or concerns: A portion of this site is in an AE flood zone. 2. Vegetation: Existing mature trees around existing house. 3. Floodplain: 100 year floodplain on southern portion of property 4. Canals/Ditches/Irrigation: Creason Lateral on southern portion of property. 5. Hazards: None. 6. Proposed Zoning: 1-8 R4 7. Size of Property: 10.59 acres f. Subdivision Plat Information 1. Residential Lots: 4-2 26 2. Non-residential Lots: 0 Southwick Subdivision AZ -06-019, PP -06-018 PAGE 3 CITY OF MERIDIAN PLANNIN(OARTMENT STAFF REPORT FOR THE HEAR*DATE OF AUGUST 22, 2006 3. Total Building Lots: 42-26 4. Common Lots: H 7 5. Other Lots: N/A 6. Total Lots: 48 33 7. Open Lots: 4 7 8. Residential Area: 10.59 acres 9. Gross Density: 3-92- 2.43 units per acre (&.64 net density) g. Landscaping 1. Width of street buffer(s): Ustick Road is classified as an arterial roadway and a 25 - foot street buffer is required. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 458 0.73acres/&42-6.81% (common area) 4.39 0.57 acres/3-64 5.33% (useable open space) 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. Proposed and Required Non -Residential Setbacks: per the R8. R-4 zone for detached single family R-4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be from a new roadway connection to Ustick Road (Southwick Way) and from proposed extensions of Stanhope Street from Crossfield Subdivision to the east and NW 13'h Street from Meridian Park Subdivision to the south. The applicant has also proposed to provide a stub street (Melwood Street) to the undeveloped parcel to the west. Please see ACHD report for details. 7. COMMENTS MEETING On March 31, 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. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Southwick Subdivision AZ -06-019, PP -06-018 PAGE 4 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARIWATE OF AUGUST 22, 2006 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities of three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 26 single-family lots on 10.59 acres for a gross density of 2.43 dwelling units/acre. The City of Meridian Future Land Use Map Notes states: In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e. low to medium, not low to high, etc). Staff finds that the proposed R-4 development is in general compliance with the Comprehensive Plan and the density of the development will have a lesser impact on the surrounding area. The following Comprehensive Plan policies apply to this application: • 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 (ACBD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal 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 residential properties to the south and east are compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Southwick Subdivision AZ -06-019, PP -06-018 PAGE 5 CITY OF MERIDIAN PLANNING OARTMENT STAFF REPORT FOR THE HEARIOATE OF AUGUST 22, 2006 The subject application includes a request for the R-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal 11, Objective A, Action 6) Two stub streets have been provided to the undeveloped parcel to the west and connections have been proposed to the stub streets from the south and east. (See ACBD report for details). 9. ZONING ORDINANCE a.. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff finds that the proposed R4 development will have a lesser impact on the surrounding area and that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application revised September 7, 2006, 2006 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. PRELEM[IINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. Southwick Subdivision AZ -06-019, PP -06-018 PAGE 6 CITY OF MERIDIAN PLANNINCRPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 1. Landscaped Open Space: The applicant is proposing to set aside .73 acres (6.81 % of the Property) for open space and staff is supportive of the design. The applicant has proposed 8 -foot parkways with street trees along the internal roadways, which are eligible to be included in the open space calculation per UDC 11-3G-3. 2. Existing Home Access to Ustick Road: The existing home shall be required to take access from an internal roadway within the subdivision and the existing access to Ustick Road shall be abandoned. A note shall be added to the face of the plat which prohibits direct lot access to Ustick Road. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 4. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated February 15, 2006) with the preliminary plat application for the subdivision. The applicant has proposed a 5 -foot solid fence along the north boundary of the existing home and has not proposed perimeter fencing for the development. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be. installed in accordance with UDC 11-3A-7. 5. Common Areas: Maintenance of all common areas shall be the responsibility of the Southwick Home Owners' Association. 6. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Upon AGHD appreve4, Staff recommends approval of AZ -06-019 and PP -06- 018 for Southwick Subdivision as presented in the staff report for the hearing date of August 22, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. On May 4, 2006 the Planning and Zoning Commission voted to recommend approval of the subject application with the conditions listed in Exhibit B of the Staff Report. At the City Council hearing of June 27, 2006 the project was continued so that images of the proposed flag lots could be provided. On August 8, 2006 at the City Council hearing, the applicant brought a revised preliminary plat that eliminated the flag lots and reduced the total number of residential lots from 42 to 26, making the gross density 2.43 dwelling units/acre. There was discussion regarding the appropriateness of R-8 or R-4 zoning and the impact of a step down on surrounding property and uses. Staff had not had time to review the revised preliminary plat. The hearing was continued to August 22, 2006 to give staff time to review the changes and evaluate the revised plat for compliance with R-4 zoning standards and requirements. Staff has updated the Staff Report to reflect the changes made (changes are in bold). On August 22, 2006 the City Council approved the subiect applications Southwick Subdivision AZ -06-019, PP -06-018 PAGE 7 CITY OF MERIDIAN PLANNWAARTMENT STAFF REPORT FOR THE HE"*DATE OF AUGUST 22, 2006 11. EXMITS A. Drawings 1. Preliminary Plat (dated: FebfaaFy$ revised July 19, 2006) 2. Landscape Plan (dated: February 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada. County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Southwick Subdivision AZ -06-019, PP -06-018 PAGE 8 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR TIE HEARIOATE OF AUGUST 22, 2006 A. Drawings 1. Preliminary Plat (dated: revised July 19, 2006) _ ----------- � ---'-_--_i ' u. r---- a r--------� ro r�" �.. I __ i - __ r- r ----� z. f' , I ' Exhibit A Page 1 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEAR*DATE OF AUGUST 22, 2006 2. Landscape Plan (dated: January 12, 2006) Exhibit A Page 2 CITY OF MERIDIAN PLANNINGIOARTMENT STAFF REPORT FOR THE HEARI*ATE OF AUGUST 22, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS. 1.1.1 The annexation legal description submitted with the application (dated revised Febmffy 14 September 7, 2006, stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.2. SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PP -1, prepared by Bailey Engineering, dated Febmmy 9 revised July 19, 2006, is approved, with the conditions listed herein. 1.2.2 The existing driveway access to Ustick Road to the existing home to remain shall be abandoned and a note shall be added to the plat which prohibits direct lot access to Ustick Road. 1.2.3 Maintenance of all common areas shall be the responsibility of the Southwick Subdivision Homeowners' Association. 1.2.4 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 ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.5 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or he within the area being subdivided shall be covered. 1.3 GENERAL REQUIREMENTS—pRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Exhibit B Page 1 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAT& DATE OF AUGUST 22, 2006 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via mains in Ustick Road. The applicant shall install mains necessary to and through this development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant shall be responsible to install water mains to and through this development, including connecting to the water stub in NW 136. Coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.3 On final plat dedicate common driveway easements. Any water meters located in driveways shall be constructed of upgraded materials per City of Meridian standard specifications. 2.4 The applicant shall add a note to the final plat stating that a portion of this site fall within a floodplain and include FIRM map number, lots within the floodplain shall have to file elevation certifications. OR file for a LOMAR with FEMA to remove the floodplain. 2.5 Submit updated groundwater monitoring concurrent with final plat submittal. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B Page 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAD DATE OF AUGUST 22, 2006 If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.8 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, 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 setbacks 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 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Creason Lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.13 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 per Resolution 02-374. 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 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. 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 Exhibit B Page 3 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA* DATE OF AUGUST 22, 2006 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. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shallnot 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. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. 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. 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit B Page 4 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. .6. SANITARY SERVICE COMPANY L. SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions ofApproval 1. Dedicate 48 -feet of right-of-way from centerline where the site abuts Ustick Road by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed sand signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Construct the sidewalk along Ustick Road no closer than 41 -feet from centerline. 3. Locate the internal roads as proposed with no local street offsetting an arterial by less than 300 - feet and no local street offsetting another local street by less than 125 -feet. 4. Located the entry road, Southwick Way, approximately 45 -feet east of the northwest property line (measured property line to centerline). 5. Construct all of the internal roads as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalk within 62 -feet of right-of-way. Staff also approves the location of the swale facilities, not the facilities themselves; Development Review will evaluate the particular facility. Receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACHD prior to submitting full plans for a subdivision. If the site does not meet the standard criteria, construct the local streets as standard 36 - foot street sections with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right- of-way. 6. Construct a stub street to the east that connects to the Crossfield subdivision. The applicant is locating the stub street approximately 747 -feet south of the northwest property line (measured property line to centerline) in alignment with the proposed subdivision. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Exhibit B Page 5 CITY OF MERIDIAN PLANNIN(&ARTMENT STAFF REPORT FOR THE HE"ODATE OF AUGUST 22, 2006 7. Construct a stub street to the south that connects to the Meridian Park #1 subdivison. The applicant is locating the stub street approximately 290 -feet west of the southeast property line (measured centerline to centerline) in alignment with the proposed subdivision. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct a stub street to the west that connects to the undeveloped parcel to the west. The applicant is locating the stub street 160 -feet north of the southwest property line (measured centerline to property line) for future access to the western parcel. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" 9. Construct a stub street to the west that connects to the undeveloped parcel to the west. The applicant is locating the stub street 205 -feet south of the northwest property line (measured centerline to property line) for future access to the western parcel. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Close the driveway accessing Ustick Road. The existing house is required to take access from Southwick Way. 11. The applicant may choose to do one of the following: A) Utilize shared driveways for lots 11 and 12, as well as, 15 and 16; and a shared driveway for lots 13, 14. OR B) Utilize a shared driveway for all lots (12,13,14,15] 12. Submit specific plans for the crossing of the Creason Lateral (Northwest 13I` Street) to Development Review for approval prior to the pre -construction meeting and plat approval. 13. 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. 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. 6. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B Page 6 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEAR•DATE OF AUGUST 22, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7. 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. 8. 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. 9. Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. 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. 11. 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. 12. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HE"ODATE OF AUGUST 22, 2006 C. Legal Description (Revised September 7, 2006) Southwick Subdivision Annexation & Rezone RUT to R-4 1450 Fast Watertower St Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 February 14, 2006 A parcel of land located in Government Lot 4 of Section 1, T.3N., R. I W., B.M., Ada. County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 35 and 36, TAN., R. 1W., and Section 2 and the said Section 1, from which the 1/4 comer common to said Sections 36 and 1 bears South 88042'32" East, 2662.16 feet; Thence South 88142'32" East, 987.03 feet to the REAL POINT OF BEGINNING. Thence South 00040'38" West, 1356.82 feet to a point on the North boundary of Meridian Park Subdivision No. 1, as same is recorded in Book 47 of Plats at Page 3356, records of Ada County, Idaho; Thence along said North boundary South 89117'25" East, 183.90 feet; Thence departing said boundary North 00°39'53" East, 25.97 feet; Thence South 89005'12" East, 174.47 feet to a point on the East line of said Government Lot 4; Thence along said East line North 0003'31" East, 1328.06 feet to the West 1/16 comer common to said Sections 36 and 1; Thence North 88042'32" West, 344.05 feet to the Point of Beginning. Containing 10.83 acres, more or Iess. Prepared By: D. Terry Peugh, PLS Professional Land Surveyors Exhibit C Page 2 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEAO DATE OF AUGUST 22, 2006 fig q¢qelf B� Exhibit C Page 3 1- k' 5.35 �3 5 5.! BASiS QF 96AR1NGS U$TlGii ROdO a es<2'sT w �ea)s' ' - "i ¢: ---• - N x'42'3 -RM POINT OF �';--- __!tti 5.3fi t d to % 6EGiNiVtNG � � o ST r f I y ! r 1 , <m 1 a_ I I W7 ' me o ! cr j� oa ti'o44 w( (z .a 1 g( Pm j w I ( � � 1 � ( t ( 1 j { j I ( , 5 99'65'12' E i ( 7Y ifs N 89-17-25- w _ 174.47• __*r �t rn CITY OF MERIDIAN PLANNING&ARTMENT STAFF REPORT FOR THE HEAP* DATE OF AUGUST 22, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds. that single-family detached residential uses are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D Page 1 CITY OF MERIDIAN PLANNINSPARTMENT STAFF REPORT FOR THE HEAS DATE OF AUGUST 22, 2006 Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRID 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. 5. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D Page 2 i September 8, 2006 PP 06-018 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 5-C REQUEST Findings for Approval -- Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone Tor Southwick Subdivision -- 1255 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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: 11 164P Phone: 93S0-- Emailed: r, haWn a /Qn _ /4-e Staff Initials: LK Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • u� N16 ib" 4 liaA3i9:a,' °sem In the Matter of Annexation and Zoning of 10.59 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential), AND Preliminary Plat approval of 26 single-family residential building lots and 7 common lots on 10.59 acres, by Gemstar Development. Case No(s). AZ -06-019, PP -06-018 For the City Council Hearing Date of: August 22, 2006 (Findings on September 12, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2006 incorporated by reference) B. Conclusions of Law 1- The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. _ 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-019, PP -06-018 i 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 22, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 revised Preliminary Plat dated July 19, 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 August 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 -06-019, PP -06-018 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 August 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-019, PP -06-018 0 0 By action of the City Council at its regular meeting held on the l 2`� day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED_O��v VOTED 10-re� VOTED_ k!G — VOTED_#?— VOTED All v� The Pl' e ' 4 k Q I , Public Works Department and City By::��R Dated: 9 a 1 s— otp City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-019, PP -06-018 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 STAFF REPORT Hearing Date: 8/22/2006 (Findings approved on 9/12/06, reflect 8/22/06 hearing) TO: Mayor & City Council FROM: Josh Wilson/Jenny Veatch Associate City Planner 884-5533 SUBJECT: Southwick Subdivision • AZ -06-019 f y "V ItIA"O Annexation and Zoning of 10.59 acres from RUT (Ada County) to R-4 zone • PP -06-018 Preliminary Plat of 26 single-family building lots and 7 common lots on 10.59 acres in a proposed R4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gemstar Development, LLC, has applied for Annexation and Zoning (AZ) of 10.59 acres from RUT (Ada County) to R-4 (Medium -Low Density Residential) and Preliminary Plat approval of 26 single family residential lots and 7 common lots on 10.59 acres. The site is located east of Linder Road and south of Ustick Road, at 1255 West Ustick Road. This site currently contains one home which is proposed to remain. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -06-019 and PP -06-018 for Southwick Subdivision as presented in the staff report for the hearing date of August 22, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. The Meridian Planning and Zoning Commission heard the item on May 4, 2006. At the public hearing they moved to recommend approval. At the City Council hearing of June 27, 2006 the project was continued so that images of the proposed flag lots could be provided. On August 8, 2006 at the City Council hearing, the applicant brought a revised preliminary plat that eliminated the flag lots and reduced the total number of residential lots from 42 to 26, making the gross density 2.43 dwelling units/acre. There was discussion regarding the appropriateness of R-8 or R-4 zoning and the impact of a step down on surrounding property and uses. Staff had not had time to review the revised preliminary plat. The hearing was continued to August 22, 2006 to give staff time to review the changes and evaluate the revised plat for compliance with R-4 zoning standards and requirements. Staff has updated the Staff Report to reflect the changes made (changes are in bold). On August 22, 2006 the City Council approved the subiect applications a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant Representative) ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: Southwick Subdivision AZ -06-019, PP -06-018 PAGE 1 CITY OF MERIDIAN PLANNINIREPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 i. Common driveway and house orientation c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTIONS Approval (All Applications) After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -019 and PP -06-018 as presented in the staff report for the hearing date of August 22, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial (All Applications) After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 019 and PP -06-003 as presented in the staff report for the hearing date of August 22, 2006, (add any proposed modifications.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-019 and PP -06-018 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of Linder Road and south of Ustick Road/ 1255 W Ustick Road Section 36, T4N Rl W b. Owners: CR Kellogg 600 Swan Falls Road Kuna, ID 83634 John Kellogg 1255 W. Ustick Road Meridian, ID 83642 c. Applicant: Gemstar Development, LLC 228 E. Plaza Drive, Suite I Eagle, ID 83616 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of revised Preliminary Plat (attached as Exhibit Al): Febfue"-y 8 July 19, 2006 2. Date of Landscape Plan (attached as Exhibit A2): February 15, 2006 5. PROCESS FACTS Southwick Subdivision AZ -06-019, PP -06-018 PAGE 2 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEA* DATE OF AUGUST 22, 2006 a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: April and April 17, 2006 (for P & Z Commission hearing) and June 5 and June 19, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for P & Z Commission hearing) and June 2, 2006 (for City Council hearing). e. Applicant posted notice on site by: April 10, 2005 (for P & Z Commission hearing) and June 15, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): Existing home and vacant land b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, much of which has been recently approved for residential developments, including Crossfield Subdivision to the east which was approved for 245 single family homes. c. Adjacent Land Use and Zoning 1. North: Rural residences, zoned RUT. 2. East: Crossfield Subdivision, zoned R-8.. 3. South: Meridian Park Subdivision No. 1, zoned R-4. 4. West: Rural residences, zoned RUT. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Existing mains in Ustick Road. Location of water: Existing mains in Ustick Road t the north, as well as a stub from NW. 13u' Street to the south Issues or concerns: A portion of this site is in an AE flood zone. 2. Vegetation: Existing mature trees around existing house. 3. Flood plain: 100 year floodplain on southern portion of property 4. Canals/Ditches/Irrigation: Creason Lateral on southern portion of property. 5. Hazards: None. 6. Proposed Zoning: R-4 R4 7. Size of Property: 10.59 acres f. Subdivision Plat Information 1. Residential Lots: 42 26 2. Non-residential Lots: 0 -� Southwick Subdivision AZ -06-019, PP -06-018 PAGE 3 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 3. Total Building Lots: 43 26 4. Common Lots: g 7 5. Other Lots: N/A 6. Total Lots: 48 33 7. Open Lots: 6 7 8. Residential Area: 10.59 acres 9. Gross Density: 3-.Q 2.43 units per acre (3-.64 net density) g. Landscaping 1. Width of street buffer(s): Ustick Road is classified as an arterial roadway and a 25 - foot street buffer is required. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 9:38 0.73acres/6.81% (common area) 9-N 0.57 acres/3-.64 533% (useable open space) 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. Proposed and Required Non -Residential Setbacks: per the R-8 R4 zone for detached single family R-4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be from a new roadway connection to Ustick Road (Southwick Way) and from proposed extensions of Stanhope Street from Crossfield Subdivision to the east and NW 13th Street from Meridian Park Subdivision to the south. The applicant has also proposed to provide a stub street (Melwood Street) to the undeveloped parcel to the west. Please see ACHD report for details. 7. COMMENTS MEETING On March 31, 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. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Southwick Subdivision AZ -06-019, PP -06-018 PAGE 4 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 22, 2006 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities of three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 26 single-family lots on 10.59 acres for a gross density of 2.43 dwelling units/acre. The City of Meridian Future Land Use Map Notes states: In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e. low to medium, not low to high, etc). Staff finds that the proposed R-4 development is in general compliance with the Comprehensive Plan and the density of the development will have a lesser impact on the surrounding area. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal Ill, 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 Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal 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 residential properties to the south and east are compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Southwick Subdivision AZ -06-019, PP -06-018 PAGE 5 CITY OF MERIDIAN PLANNINIEPARTMENT STAFF REPORT FOR THE HEA* DATE OF AUGUST 22, 2006 The subject application includes a request for the R-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal H, Objective A, Action 6) Two stub streets have been provided to the undeveloped parcel to the west and connections have been proposed to the stub streets from the south and east. (See ACFID report for details). 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff finds that the proposed R-4 development will have a lesser impact on the surrounding area and that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application revised September 7, 2006, 2006 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. PRELEMEINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. Southwick Subdivision AZ -06-019, PP -06-018 PAGE 6 CITY OF MERIDIAN PLANNINIREPARTMENT STAFF REPORT FOR THE HEA1* DATE OF AUGUST 22, 2006 1. Landscaped Open Space: The applicant is proposing to set aside .73 acres (6.81 % of the property) for open space and staff is supportive of the design. The applicant has proposed 8 -foot parkways with street trees along the internal roadways, which are eligible to be included in the open space calculation per UDC 11-3G-3. 2. Existing Home Access to Ustick Road: The existing home shall be required to take access from an internal roadway within the subdivision and the existing access to Ustick Road shall be abandoned. A note shall be added to the face of the plat which prohibits direct lot access to Ustick Road. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 4. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated February 15, 2006) with the preliminary plat application for the subdivision. The applicant has proposed a 5 -foot solid fence along the north boundary of the existing home and has not proposed perimeter fencing for the development. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should beinstalled in accordance with UDC 11-3A-7. 5. Common Areas: Maintenance of all common areas shall be the responsibility of the Southwick Home Owners' Association. 6. Ditches. Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Upon AGHP approval, Staff recommends approval of AZ -06-019 and PP -06- 018 for Southwick Subdivision as presented in the staff report for the hearing date of August 22, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. On May 4, 2006 the Planning and Zoning Commission voted to recommend approval of the subject application with the conditions listed in Exhibit B of the Staff Report. At the City Council hearing of June 27, 2006 the project was continued so that images of the proposed flag lots could be provided. On August 8, 2006 at the City Council hearing, the applicant brought a revised preliminary plat that eliminated the flag lots and reduced the total number of residential lots from 42 to 26, making the gross density 2.43 dwelling units/acre. There was discussion regarding the appropriateness of R-8 or R-4 zoning and the impact of a step down on surrounding property and uses. Staff had not had time to review the revised preliminary plat. The hearing was continued to August 22, 2006 to give staff time to review the changes and evaluate the revised plat for compliance with R4 zoning standards and requirements. Staff has updated the Staff Report to reflect the changes made (changes are in bold). On August 22, 2006 the City Council approved the subiect applications Southwick Subdivision AZ -06-019, PP -06-018 PAGE 7 CITY OF MERIDIAN PLANNINIREPARTMENT STAFF REPORT FOR THE HEA* DATE OF AUGUST 22, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: Febfuafy 8 revised July 19, 2006) 2. Landscape Plan (dated: February 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Southwick Subdivision AZ -06-019, PP -06-018 PAGE 8 CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEA* DATE OF AUGUST 22, 2006 A. Drawings 1. Preliminary Plat (dated: revised July 19, 2006) Exhibit A Page 1 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAD DATE OF AUGUST 22, 2006 2. Landscape Plan (dated: January 12, 2006) Exhibit A Page 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA6G DATE OF AUGUST 22, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated revised = b September 7, 2006, stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PP -1, prepared by Bailey Engineering, dated Febfuafy-4 revised July 19, 2006, is approved, with the conditions listed herein. 1.2.2 The existing driveway access to Ustick Road to the existing home to remain shall be abandoned and a note shall be added to the plat which prohibits direct lot access to Ustick Road. 1.2.3 Maintenance of all common areas shall be the responsibility of the Southwick Subdivision Homeowners' Association. 1.2.4 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. 1.2.5 Per UDC I1 -3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Exhibit B Page I CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAOG DATE OF AUGUST 22, 2006 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via mains in Ustick Road. The applicant shall install mains necessary to and through this development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant shall be responsible to install water mains to and through this development, including connecting to the water stub in NW 13t`. Coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.3 On final plat dedicate common driveway easements. Any water meters located in driveways shall be constructed of upgraded materials per City of Meridian standard specifications. 2.4 The applicant shall add a note to the final plat stating that a portion of this site fall within a floodplain and include FIRM map number, lots within the floodplain shall have to file elevation certifications. OR file for a LOMAR with FEMA to remove the floodplain. 2.5 Submit updated groundwater monitoring concurrent with final plat submittal. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B Page 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.8 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, 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 setbacks 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 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Creason Lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.13 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 per Resolution 02-374. 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 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. 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 Exhibit B Page 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA*i DATE OF AUGUST 22, 2006 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. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. 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. 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit B Page 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAeb DATE OF AUGUST 22, 2006 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate 48 -feet of right-of-way from centerline where the site abuts Ustick Road by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed sand signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way. 2. Construct the sidewalk along Ustick Road no closer than 41 -feet from centerline. 3. Locate the internal roads as proposed with no local street offsetting an arterial by less than 300 - feet and no local street offsetting another local street by less than 125 -feet. 4. Located the entry road, Southwick Way, approximately 45 -feet east of the northwest property line (measured property line to centerline). 5. Construct all of the internal roads as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalk within 62 -feet of right-of-way. Staff also approves the location of the swale facilities, not the facilities themselves; Development Review will evaluate the particular facility. Receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACHD prior to submitting full plans for a subdivision. OR If the site does not meet the standard criteria, construct the local streets as standard 36 - foot street sections with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right- of-way. 6. Construct a stub street to the east that connects to the Crossfield subdivision. The applicant is locating the stub street approximately 747 -feet south of the northwest property line (measured property line to centerline) in alignment with the proposed subdivision. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Exhibit B Page 5 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAS DATE OF AUGUST 22, 2006 7. Construct a stub street to the south that connects to the Meridian Park #1 subdivison. The applicant is locating the stub street approximately 290 -feet west of the southeast property line (measured centerline to centerline) in alignment with the proposed subdivision. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct a stub street to the west that connects to the undeveloped parcel to the west. The applicant is locating the stub street 160 -feet north of the southwest property line (measured centerline to property line) for future access to the western parcel. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street to the west that connects to the undeveloped parcel to the west. The applicant is locating the stub street 205 -feet south of the northwest property line (measured centerline to property line) for future access to the western parcel. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Close the driveway accessing Ustick Road. The existing house is required to take access from Southwick Way. 11. The applicant may choose to do one of the following: A) Utilize shared driveways for lots 11 and 12, as well as, 15 and 16; and a shared driveway for lots 13, 14. OR B) Utilize a shared driveway for all lots [12,13,14,15] 12. Submit specific plans for the crossing of the Creason Lateral (Northwest 13`" Street) to Development Review for approval prior to the pre -construction meeting and plat approval. 13. 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. 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. 6. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B Page 6 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEAS DATE OF AUGUST 22, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7. 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. 8. 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. 9. Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. 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. 11. 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. 12. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY OF MERIDIAN PLANNIMEPARTMENT STAFF REPORT FOR THE HEASL DATE OF AUGUST 22, 2006 C. Legal Description (Revised September 7, 2006) ��� �t ii �1 • Southwick Subdivision Annexation & Rezone RUT to R4 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 February 14, 2006 A parcel of land located in Government Lot 4 of Section 1, T.3N., R. I W., B.M. Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 35 and 36, TAN., RAW., and Section 2 and the said Section 1, from which the 1/4 corner common to said Sections 36 and 1 bears South 88°42'32" East, 2662.16 feet; Thence South 88°42'32" East, 987.03 feet to the REAL POINT OF BEGINNING. Thence South 00040'38" West, 1356.82 feet to a point on the North boundary of Meridian Park Subdivision No. 1, as same is recorded in Book 47 of Plats at Page 3356, records of Ada County, Idaho; Thence along said North boundary South 89017'25" East, 183.90 feet; Thence departing said boundary North 00039'53" East, 25.97 feet; Thence South 89105'12" East, 174.47 feet to a point on the East line of said Government Lot 4; Thence along said East line North 0003'31" East, 1328.06 feet to the West 1/16 corner common to said Sections 36 and 1; Thence North 88042'32" West, 344.05 feet to the Point of Beginning. Containing 10.83 acres, more or less. Prepared By: Idaho Su , P.C. kc� 4431 �,.9- 0 arF OF �RY i�G D. Terry Peugh, PIS Professional Land Surveyors veyorrs Exhibit C Page 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA*b DATE OF AUGUST 22, 2006 Exhibit C Page 3 BASS OF CK BEA9INGS 5,35 fir -2,32, i W 1/16 USTI 5 2 S36 1/4 REAL POYNT OF 1 BEGINNI— �tiv S.Y wrn INv t i I f O � 39 it i r. Z oro L, + of Ic 4i 'm AGN �1 M6 l t � kI I f j ! i I I I � S 89'0592' E i ffJ 1 j 6 --���_._s N 89"1 Y25" _ 174.47' �rzs• e 2s �r�•O4, o M to 4>g4 b ZI T CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAP DATE OF AUGUST 22, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family detached residential uses are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D Page 1 CITY OF MERIDIAN PLANNII EPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, 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 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 above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. 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. 5. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D Page 2 September 8, 2006 AZ 06-024 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Briggs Engineering ITEM NO. 5-D REQUEST Findings for Approval — Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision -- east of Eagle t<oaa 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: OTHER: COMMENTS See Attached Findings Contacted: Date: 9////0& Phone: ,��/ ®0 Emailed: Q, bS �2� �� tall Initials: Materials presented at public meetings sha 1 become property of the C'WNt Meridian. E CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ° WNW) $ err In the Matter of Annexation and Zoning of 10.17 acres from RUT (Ada County) to R-2 (Low -Density Residential) and R-4 (Medium Low -Density Residential), AND Preliminary Plat approval of 26 single -family residential building lots and 3 common lots on 9.44 acres, by Kevin Harris and Sabrina Whitehead. Case No(s).: AZ -06-024 PP -06-023 For the City Council Hearing Date of. August 15, 2006 (Findings on September 12, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 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 -06-024 and PP -06-023 Ll 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 subiect to the REVISED Legal Description Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of August 15, 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 July 24, 2006 is 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 August 15, 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 - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-024 and PP -06-023 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 15, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-024 and PP -06-023 0 • By action of the City Council at its regular meeting held on the C Z day of Ve 2006. COUNCIL MEMBER SHAUN WARDLE VOTED4Y°� COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED VOTED_ r' L— VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) 7f5\'A tit 111 % Attest: e William G. Berg, Jr., Citylv 4M Copy served upon Applicant, The Pl' ." il' y a, rit, Public Works Department and City Attorney. By; jWlU�Ms-�j Dated: ot-14-'0(D City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-024 and PP -06-023 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAI* DATE OF AUGUST 15, 2006 �A S, STAFF REPORT Hearing Date: 8/15/2006 " "' (Findings approved on 9/12/06, f'u' "F 07 4 , reflect 8/15/06 hearing)° TO: Mayor and City Council ', u'Ar C) FROM: Jenny Veatch Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Napoli Subdivision AZ -06-024 Annexation and Zoning of 10.17 acres from RUT (Ada County) to R-2 (Low - Density Residential) and R-4 (Medium Low -Density Residential). PP -06-023 Preliminary Plat approval of 26 single-family residential building lots and 3 common lots on 9.44 acres in a proposed R-2 and R-4 zone, by Kevin Harris and Sabrina Whitehead. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants Kevin Harris and Sabrina Whitehead, representing F&C Development Inc., have applied for Annexation and Zoning (AZ) to R-2 (Low -Density Residential) and R-4 (Medium Low -Density Residential) for 10.17 acres of property currently zoned RUT in Ada County. The site is located on the east side of Eagle Road and south of Zaldia Lane. The existing structures on this site will be removed. 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 Napoli Subdivision (AZ -06-024 and PP -06-023) with the conditions listed in Exhibit B of the Staff Report. On June 15, 2006 the Planning & Zoning Commission voted to recommend approval of the subject applications. City Council heard the items on July 18, 2006 and continued the hearing to August 15, 2006 to give the applicant the opportunity to hold another neighborhood meeting and reflect upon the Council's advice to provide more transitional lot sizes between rural and urban densities. The applicant submitted a revised preliminary plat, dated August 9. 2006. The revisions included increasing the lot sizes along the eastern and southeastern portions of the development from 9,000 to a minimum 12,000 square feet, with the largest lot being over 18,000 square feet. Lots 2-9. Block 3 also meet the UDC standard dimensional requirements for the R-2 zone. Staff has also amended Condition 1.1.5 in Exhibit B to require six-foot tall perimeter fencing around the development, as agreed upon by the developer at the Council meeting. a. Summary of Commission Public Hearing: i. In favor: Kevin Harris (Applicant's representative) ii. In opposition: Bradford Deadman, Don Morgan, Phil DeAngeli, Frank Shoemaker. iii. Commenting: Shari Lewis Napoli Subdivision AZ-06-024/PP-06-023 PAGE I CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAW DATE OF AUGUST 15, 2006 iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: C. Caleb Hood 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. None 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -06-024 and PP -06-023 as presented in staff report for the hearing date of August 15, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ -06-024 and PP -06-023 as presented during the hearing on August 15, 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 -06-024 and PP -06-023 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: 4280 S. Eagle Road; on the east side of Eagle Road and south of Zaldia Lane in Section 28, Township 3 North, Range 1 East b. Owners: F&C Development Inc. 4280 S. Eagle Road Meridian, ID 83642 c. Applicant: Kevin Harris Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 d. Representative: Kevin Harris, Briggs Engineering, Inc. 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 10.17 acres to R-2 (Low -Density Residential) and R-4 and Preliminary Plat approval of 23 26 single-family buildable lots and 3 common lots on 9.44 acres. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is x;493.10,585 square feet. The gross density of Napoli Subdivision AZ-06-024/PP-06-023 PAGE 2 CITY OF MERIDIAN PLANNII&PARTMENT STAFF REPORT FOR THE HAW DATE OF AUGUST 15, 2006 the project is g -A7- 2.75 dwelling units per acre. Approximately 13.5 percent of the site is being set aside for open space. 1. Date of Revised preliminary plat (attached in Exhibit A): &L24A6 7/24/06 2. Date of landscape plan (attached in Exhibit A): 3/24/06 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: May 29h and June 12t`, 2006 (for P & Z Commission hearing) and June 26`" and July 10th, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: May 19th, 2006 (for P & Z Commission hearing) and June 23d, 2006 (for City Council hearing). e. Applicant posted notice on site by: June 5th, 2006 (for P & Z Commission hearing) and July 8th, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): All existing structures are to be removed prior to construction. b. Description of Character of Surrounding Area: This area contains low and medium low- density residential developments, a proposed medium density subdivision, and a mix of rural parcels in Ada County,. c. Adjacent Land Use and Zoning: 1. North: Kingsbridge Subdivision phases #1-2, zoned R-2 2. South: Martinel Subdivision, zoned RUT (Ada County) 3. East: Zaldien Zerua Subdivision, zoned RUT (Ada County) 4. West: Future phases of Messina Meadows Subdivision, zoned R-8 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property would sewer to mains extended in S. Eagle Road by Kingsbridge Subdivision to the north. Location of water: This property would extend water service from mains in S. Eagle Road extended by Kingsbridge Subdivision to the north. Issues or concerns: The need for an off-peak pumping station. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, shall be tiled when this property develops. Napoli Subdivision AZ-06-024/PP-06-023 PAGE 3 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-2 (Low -Density Residential) and R-4 (Medium Low -Density Residential) 5. Size of Property: 9.44 acres f. Subdivision Plat Information: 1. Residential Lots: 2-926 2. Non-residential Lots: 0 3. Total Building Lots: 2926 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 32- 29 7. Gross Density: 3-.P 2.75 units per acre (net density is 4.2-2 3.78 d.u./acre) 8. Minimum House Size: single -story: 1,600 square feet two-story: 2,200 square feet g. Landscaping 1. Width of street buffer(s): 25 feet on Eagle Road 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.14 acres/ 13.5% 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. 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-2 Setbacks Proposed Required Front/Street Side Living Area N/A 20 Side Accessed Garage N/A 20 Front Accessed Garage N/A 20 Interior Side N/A 7.5 per story Rear N/A 15 Frontage 80 80 Lot Size 12,000 12,000 Napoli Subdivision AZ-06-024/PP-06-023 PAGE 4 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) N/A 15 Front Accessed Garage (to sidewalk) N/A 20 Side N/A 5 Rear N/A 15 Frontage 60 60 Lot Size 8,300 8,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public streets, S. Palatino Avenue, E. Tindaris Street and S. Martino Avenue. The applicant is converting a private street (E. Zaldia Drive) to a public street by constructing a 50 -foot wide section of roadway and dedicating it to ACRD. The applicant is stubbing east along their northern property line, parallel to Kingsbridge Subdivision. The applicant is also proposing to provide a public street stub (S. Palatino Avenue) to the Martinel Subdivision to the south. All of the internal streets (excluding Zaldia Lane extended) are local streets with 36 -feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4 -foot wide detached sidewalks within 60 -feet of right-of-way. Staff is generally supportive of the proposed street system. ACRD 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 14 26 single-family lots on 9.44 acres for a gross density of 44. 7 2.75 dwelling units/acre and a net density of 3.78 dwelling units/acre. The proposed density complies substantially with the anticipated density for this area. Council 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. - Napoli Subdivision AZ-06-024/PP-06-023 PAGE 5 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEAW DATE OF AUGUST 15, 2006 • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminaryplat proposes to extend the one stub street currently provided to this property from the east. In addition, one stub street is being proposed to the south parcel that is currently zoned in Ada County RUT, which staff anticipates will re -develop in the nearfuture. Staff believes that the applicant has done a nice job of connecting and extending the existing private lane by converting it to a public 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 few six -foo tall fence around the northern and western Napoli Subdivision AZ-06-024/PP-06-023 PAGE 6 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 sides of the development, along the street buffers and a six-foot tall closed fence around the eastern and southern boundaries 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, detached 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. Council finds that the existing single-family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the north, east and south. The applicant is proposing to construct a six-foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large county parcels to the internal smaller lots. Council 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. 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) 11-2A-2 lists single-family detached homes as permitted uses in the R-4 and R-2 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities Napoli Subdivision AZ-06-024/PP-06-023 PAGE 7 CITY OF MERIDIAN PLANNINIOEPARTMENT STAFF REPORT FOR THE HEA$G DATE OF AUGUST 15, 2006 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-4 zone established in the UDC. In the Proposed R-2 zone, Lots 2- 9, Block 3 comply with the standard street frontage and lot size requirements of the R-2 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: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 and R-2 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 March 23, 2006 and revised September 7, 2006 by Wayne K. Barber, 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 areas are defined as three to eight dwellings per acre. The submitted plat has a gross density of 3-.P 2.75 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 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 Jensen Belts, Associates, on 3/24/06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 13.5% (1.14 acres) of the site for open space, as proposed. • 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). Napoli Subdivision AZ-06-024/PP-06-023 PAGE 8 CITY OF MERIDIAN PLANNINdePARTMENT STAFF REPORT FOR THE HEAR DATE OF AUGUST 15, 2006 Stub Streets: The applicant should be required to extend a public stub street east (currently a private street, E. Zaldia Lane), and provide a public stub street to the Martinel Subdivision to the south as proposed. Existing Residences/Buildings: The site currently contains residential and out- buildings. All existing buildings shall be removed as proposed. Fencing: The applicant is proposing to construct feuf six-foot fence along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed 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 Napoli 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- 024 and PP -06-023, with the conditions listed in Exhibit B of the Staff Report for the hearing date of August 15, 2006. On June 15, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications with the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 3Q4A6 revised 7/24/06) 2. Landscape Plan (dated: 3/24/06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department Napoli Subdivision AZ-06-024/PP-06-023 PAGE 9 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAI0 DATE OF AUGUST 15, 2006 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description (revised September 7, 2006) D. Required Findings from Unified Development Code Napoli Subdivision AZ-06-024/PP-06-023 pAGE10 CITY OF MERIDIAN PLANNIAWARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 A. Drawings 1. Preliminary Plat (dated: 3/24/06 revised 7/24/06) Exhibit A — Page 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL& DATE OF AUGUST 15, 2006 2. Landscape Plan (dated 3/24/06) T n v m m r O V 3 m Z C Co 0 0 Z jl Exhibit A — Page 3 4 X z1 $ v €fig ai n C C6gg, �� I Q s r I I i� � i 8la ale,. 1 t �� 9 � YY££YYYY yY�t{o�Fnn�y� oie�mo +ov3vi o0 Exhibit A — Page 3 4 X CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HE&G DATE OF JULY 18, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-023) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Briggs Engineering, Inc., dated revised MaFeh July 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-024) application shall also be considered conditions of the Preliminary Plat (PP -06-023) 1.1.2 The landscape plan prepared by Jensen Belts, Associates on 3/24/06, is approved with the following modifications/notes: Per UDC 11 -3G -3A, set aside at least 13.5% (1.14 acres) of the site for open space, as proposed. 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. 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 E. Zaldia Lane east as a public street, and provide a public stub street to the Martinel Subdivision to the south as proposed. 1.14 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 few six-foot tall fence around the perimeter of the development, as proposed. 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 Napoli 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 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B — Page 1 CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 18, 2006 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-023) 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 planned with Kingsbridge Subdivision. The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 Water service to this site is being proposed via extension of mains planned by Kingsbridge Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 As part of the City of Meridian's "to and through" policy the applicant shall be required to install water and sewer mains along their frontage in S. Eagle Road if at the time of their construction Exhibit B — Page 2 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 plan submittal is has not been installed by other developments. 2.5 The applicant shall be required to upgrade the water line in Zaldia Drive to 12 -inch to comply with the City of Meridian's master water plan. 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 Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.8 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, 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 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 PLANN*DEPARTMENT STAFF REPORT FOR THE HdWG DATE OF JULY 18, 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 not exceeding 3600 square feet will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family, dwellings will require a fire flow of 1500 gallons per minute. 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 %i" 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. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The proposed 29 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 84.1 residents at build out. Exhibit B — Page 4 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 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. 7. Ada County Highway District Site Specific Conditions o Approval Construct E. Zaldia Drive as a 36 -foot street section to align with E. Mona Lisa Drive to the west, within 50 -feet of right-of-way as a residential collector with vertical curb, gutter, and a 5 -foot concrete sidewalk. Parking is not allowed on E. Zaldia Drive, and the applicant should provide a sidewalk easement for any sidewalk located outside of the right-of-way. 2. Construct a 5 -foot detached meandering sidewalk along Eagle Road to be located no closer than 41 -feet from centerline. Provide ACHD with a sidewalk easement for the sidewalk if it is located outside of the right-of-way. 3. Construct the site's internal streets (S. Palatino Avenue, S. Martino Avenue, and E. Tindaris Street) as 36 -foot street sections with roller curb, gutter, 4 -foot detached sidewalks, and 8 -foot planter strips within 60 -feet of right-of-way. 4. Construct the stub street to the east, E. Zaldia Drive, as proposed 5. Construct the stub to the south, S. Palatino Avenue, as proposed. Exhibit B — Page 5 CITY OF MERIDIAN PLANNII&EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 6. Comply with all Standard Conditions of Approval. Standard Conditions oLApproval 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. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 6 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 18, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 7 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE H*G DATE OF JULY 18, 2006 C. Legal Description 1/4 CORNER —29 f?8 II II ,I �I 'r 9 I i I - _--- - ___--_ = _ �' IJP _ o I r-- , � • r i I �� �- LU rr rFUPJRE r I Y69IAIiAD09:S Q S 89'21'58' E 6&4.79' ----`----- -------Y SUB�fY$IOM w� _7 V3 I � CA $I I I I W I ' I r i N 89'19'35' W 670.39 ' �'. I I �.2:_�.i.r�-----------'------------� 1/16 CORNER I S1IBDIYISION LEGEND 0 150 300 E-undary Line Section Lines SCALE 1N FEET tight of Way Line ----------- - Wating Porcel Lina REVISION NAPOIJ SUBDIVISION ANNEXATION EXHIBIT SHEEr : t OF t LOCATED IN THE SW 1/4 OF EXH SECTION 2a. T.3N.. R.1E.. B.M. DATE. DWG NO. f.COlE: \60212–Annmr.DWG D3/23/OB DPIA 60212 1 •� 300 Exhibit C — Page 1 FATA BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS W. OMI— ROAD a M MW 63705 • (2681344-67C — .r r- s, or mry portion thereof. shall not be use on any project W entessrons of this project a oept by CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HOG DATE OF JULY 18, 2006 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION NAPOLI SUBDIVISION March 23, 2006 A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY OF SOUTH EAGLE ROAD, AND ALL OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION, AS RECORDED LOCATED 1N THE NW 1/4 OF THE SW 1/4 OF SECTION 28, TOWNSHIP 3 NORAT BOOK 81 OF PLATS, PAGES 8183 — 8184, ADA COUNTY RECORDERS OFFICE, 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTITH, RANGE CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER THE SW 1/4 OF SECTION 28, T.3N., R.1 E., B.M., THENCE S 00°37'09" W 660.65 FEET ALONG THE WEST LINE OF SAID SW 1/4 TO THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE S 89°21'56" E 669.79 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION, AS RECORDED AT BOOK 81 OF PLATS, PAGES 8183 — 8184, ADA COUNTY RECORDERS OFFICE; THENCE S 00'34'03"W 661.11 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; _ THENCE N 89°19'35" W 670.39 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF SAID SW 1/4 IS 1/16 CORNER); THENCE N 00°37'09" E 660.65 FEET ALONG THE WEST LINE OF SAID SW 1/4 TO THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION. SAID PARCEL CONTAINING 10.17 ACRES, MORE OR LESS. WAYNE K. BARBER, Exhibit C — Page 2 P.L.S. 8444 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 REVISED DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED NAPOLI SUBDIVISION ZONE R-2 September 6, 2006 A PARCEL OF LAND BEING A PORTION OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, T. 3 N., R. 1 E., B M.; THENCE S 00°37'09" W 660.65 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 28 TO A POINT; THENCE S 89°21'56" E 669.79 FEET ALONG THE CENTERLINE OF E. ZALDIEN DRIVE TO A POINT; THENCE S 00°34'03" W 70.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING S 00°34'03 W 591.11 FEET TO A POINT; THENCE N 89"19'33" W 422.55 FEET TO A POINT; THENCE N 00038'04 E 100.02 FEET TO A POINT; THENCE N 45°38'04° E 28.28 FEET TO A POINT; THENCE S 89°21'56" E 206.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 125.66 FEET, SAID CURVE HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 90°00'00", TANGENTS OF 80.00 FEET, AND A CHORD WHICH BEARS N 45"38'04" E 113.14 FEET TO A POINT OF TANGENCY; THENCE N 00"38'04" E 390.80 FEET TO A POINT; THENCE S 89°21'56" E 115.86 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 2.45 ACRES, MORE OR LESS. WAYNE K. BARBER 60212 -Re' Annex-R?.duc Exhibit C — Page 3 PLS 8444 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 28 �M EX�I F3I`" A 28 �i 3� S 872!'56' E 669.79' �- - �E ZALDIA Lt.\'E E. ZALaa D.RNE — - - - — - -NATE - I /REAL PONT Or BECdANIAG I fo / F— MCK 2f I I ' i L6 L I I a q !k I N 4 Ig i-� I 6 i 7 T LOCK 2 i �I I__J ? � E. FRATELLC ST. I B I N 69'21'56' W 206.00' I I 9 $ B_CCK 3 µeq 1 x N BT19'33' W 422.55' I 'C� uNE TABLE HUMBER DIREC'ON DISTANCE' U V 45'3804' E 28.28' I 2 BLOCK 3 3 R2 S 6 CURVE -AS--- VUNBER I ARC '_ENGTH I FADIUS DELTA ANGLE TANGENT CHORD BEARING CHORj _EVCTH Cl 125.66' 30.00' SO'00'00' 80.00' 10.5.38-047 113.14' 32 C 33 MOON COWR -E G E N D 3o.,rcc,y Lns Sector _fines R:ght of Wcy -:re REVSION BY: NAPOLI SUBDIVISION R? ANNEXATION S"EJL7' 1 OF 1 LOCATED IN T -E SW "/4 OF ®y SECTIO`. 28, T.3N., R. 1 E., -3 . :V: EXH—R 2 --r DAT: DWG NO. SCA_E. 1fi;12t9-Annrx.nWG - '. 04/00"/06 TRT 60212 I r = I50' Exhibit C — Page 4 BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYCRS 800 W. GVERIAtO RCA', - M, IDAHO 63705 • (206)544-9700 -hose crowinss, or any portion therco', sha:l not 6e osec or any Project or exterwons of tnts Project except by wrrtter ooreemart from Winn- Fnnireer:rc Int I CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 18, 2006 REVISED DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED NAPOLI SUBDIVISION ZONE R-4 September 6, 2006 A PARCEL OF LAND BEING A PORTION OF LOT 3, BLOCK 1, ZALDIEN ZERUA SUBDIVISION LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, T. 3 N., R. 1 E., B.M.; THENCE S 00'37'09'W 660.65 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 28 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89021'56" E 669.79 FEET ALONG THE CENTERLINE OF E. ZALDIA DRIVE TO A POINT; THENCE LEAVING SAID CENTERLINE, S 00934'03"W 70.00 FEET TO A POINT; THENCE N 89°21'56" W 115-86 FEET TO A POINT; THENCE S 00°38'04" W 390.80 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 125.66 FEET, SAID CURVE HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 90"00'00", TANGENTS OF 80.00 FEET, AND A CHORD WHICH BEARS S 45"38'04" W 113.14 FEET TO A POINT OF TANGENCY; THENCE N 89°21'56" W 206.00 FEET TO A POINT; THENCE S 45'38'04"W 28.28 FEET TO A POINT; THENCE S 00038'04"W 100.02 FEET TO A POINT; THENCE N 89"19'33" W247.84 FEET TO A POINT ON SAID EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE N 00°37'09" E 660.65 FEET ALONG SAID EAST LINE TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 7.72 ACRES, MORE OR LESS. WAYNE K. BARBER 6021' -Rei .iuiex-R4. doc Exhibit C — Page 5 PLS 8444 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 18, 2006 I 1„4 2v Q 28 I §� $ REAL PONT OF BEONNA. I� EXHITT B E. 7ALDA JANE -- I I E. IALC!A DRIVE o. —P4w— — Y� j I I 2 V 2i 56 YP t15.6 `� 2 BLOCK 1 2 BLOCK 2 I j I I 3 I 7 I 13{ j I I , I I cl I R4 9 Ij 4 I ---�.J j 6 N� I I I I a I I g I i j FLOCK 2 j J J I I E. RATELLO ST. 8 � V 8991'55' w 206.00' I! 6 I 9 0 9 j 8 e_ca 3 I BLOCK N 69'1933° W 2a7.b4 -- i I UNE TAB E I (NUMBER OtRECT10N DSTANCE j I ; L1 S 45'38 O4' W 28.28' _ CI.RVE -,ABL-- NL ABLE I I ( NLuBER ' ARC LENGT i R—T AD LS'1 CEtTA ANGLE MCENT C -ORD BJvZING CHCRO LENG H C! 125.66' 60.00' I 9(700'0°' I 8.^..00' I S 45'38'04” W 1 113.14- I I —EG=ISD 29028 Boundary Line sEctm OMER -- — Section Lines R'^yit of Way Line 'RE"$I°": BY' NAPOLI SUBDIVISION R4 ANNEXATION -OCA-EC i\ THE SW ? /4 OF SECTION 28, —.3N., �. I E., B.M. Ek -'L-194 I^`y�11 X; �1;— II P JWG DATE: QWC NO.SCA=: \anro_a.,.,e,- 09/06/06 -RT i 60212 1= -.50 Exhibit C — Page 6 BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS IIWO W. OVERi1AD TOAD - M-. aW 63705 - (206)344-9700 These droaings, o� cny portion thereof, shc1 not *a Msec on cry Pia ecl o• extensions of this Project except by vn rr nnrw.�nnl f— l ,;— P—;—i— M, CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 18, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-2 and R4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 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-2 and R4 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. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-2 and R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-2 and R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D — Page 1 CITY OF MERIDIAN PLANNI#EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D — Page 2 September 8, 2006 MERIDIAN CITY COUNCIL MEETING • PP 06-023 September 12, 2006 APPLICANT Briggs Engineering ITEM NO. 5-E REQUEST Findings for Approval -- 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: OTHER: See attached Letter from the Contacted: Emailed: �- lin h®..hrCoo -<,enamvw Materials presented -at public meetings COMMENTS See Attached Findings Date: ` I QIP Phone: .� taff Initials: Ae i I become property of the City of Meridian. �J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E i "ITY f76= ro awe V 1 ttrtik {,a�l�r r In the Matter of Annexation and Zoning of 10.17 acres from RUT (Ada County) to R-2 (Low -Density Residential) and R-4 (Medium Low -Density Residential), AND Preliminary Plat approval of 26 single -family residential building lots and 3 common lots on 9.44 acres, by Kevin Harris and Sabrina Whitehead. Case No(s).: AZ -06-024 PP -06-023 For the City Council Hearing Date of: August 15, 2006 (Findings on September 12, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 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 -06-024 and PP -06-023 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 subiect to the REVISED Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 15, 2006 incorporated by reference The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of ayproval 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 July 24, 2006 is 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 August 15, 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 preliminaryplat 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-024 and PP -06-023 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 15, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-024 and PP -06-023 By action of the City Council at its regular meeting held on the 12, day of 12006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED_ffl c_ VOTED i 4-);� VOTED _gIA— VOTED 060-- VOTED fs�-� C"A,:-'. The Plublic Works Department and City BY: Jmaxyz&ow') Dated: City Clerk 61 -14 --OLP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-024 and PP -06-023 CITY OF MERIDIAN PLANNINIOPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 STAFF REPORT Hearing Date: 8/15/2006 (Findings approved on 9/12/06, reflect 8/15/06 hearing)OV-6 ' 4 TO: Mayor and City Council FROM: Jenny Veatch Associate City Planner + Meridian Planning Department 208-884-5533 SUBJECT: Napoli Subdivision AZ -06-024 Annexation and Zoning of 10.17 acres from RUT (Ada County) to R-2 (Low - Density Residential) and R-4 (Medium Low -Density Residential). PP -06-023 Preliminary Plat approval of 26 single-family residential building lots and 3 common lots on 9.44 acres in a proposed R-2 and R-4 zone, by Kevin Harris and Sabrina Whitehead. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants Kevin Harris and Sabrina Whitehead, representing F&C Development Inc., have applied for Annexation and Zoning (AZ) to R-2 (Low -Density Residential) and R-4 (Medium Low -Density Residential) for 10.17 acres of property currently zoned RUT in Ada County. The site is located on the east side of Eagle Road and south of Zaldia Lane. The existing structures on this site will be removed. 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 Napoli Subdivision (AZ -06-024 and PP -06-023) with the conditions listed in Exhibit B of the Staff ReportOn June 15, 2006 the Planning & Zoning Commission voted to recommend approval of the subject applications. City Council heard the items on July 18, 2006 and continued the hearing to August 15 2006 to ave the applicant the opportunity to hold another neighborhood meeting and reflect upon the Council's advice to provide more transitional lot sizes between rural and urban densities The applicant submitted a revised preliminary plat, dated August 9 2006 The revisions included increasing the lot sizes along the eastern and southeastern portions of the development from 9,000 to a minimum 12,000 square feet, with the largest lot being over 18,000 sauare feet. Lots 2-9, Block 3 also meet the UDC standard dimensional requirements for the R-2 zone. Staff has also amended Condition 1.1.5 in Exhibit B to require six-foot tall perimeter fencing around the development, as agreed upon by the developer at the Council meeting. a. Summary of Commission Public Hearing: i. In favor: Kevin Harris (Applicant's representative) ii. In opposition: Bradford Deadman, Don Morgan, Phil DeAngeli, Frank Shoemaker. iii. Commenting: Shari Lewis Napoli Subdivision AZ-06-024/PP-06-023 PAGE I CITY OF MERIDIAN PLANNINIOPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: C. Caleb Hood 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. None 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -06-024 and PP -06-023 as presented in staff report for the hearing date of August 15, 2006 with the following modifications: (Add any proposed modifications.) Deny I move to deny File Numbers AZ -06-024 and PP -06-023 as presented during the hearing on August 15, 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 -06-024 and PP -06-023 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: 4280 S. Eagle Road; on the east side of Eagle Road and south of Zaldia Lane in Section 28, Township 3 North, Range 1 East b. Owners: F&C Development Inc. 4280 S. Eagle Road Meridian, ID 83642 c. Applicant: Kevin Harris Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 d. Representative: Kevin Harris, Briggs Engineering, Inc. 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 10.17 acres to 'R-2 (Low -Density Residential) and R4 and Preliminary Plat approval of 23 26 single-family buildable lots and 3 common lots on 9.44 acres. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is n,� 494 10,585 square feet. The gross density of Napoli Subdivision AZ-06-024/PP-06-023 PAGE 2 CITY OF MERIDIAN PLANNIN*ARTMENT STAFF REPORT FOR THE HEAVDATE OF AUGUST 15, 2006 the project is 2.75 dwelling units per acre. Approximately 13.5 percent of the site is being set aside for open space. 1. Date of Revised preliminary plat (attached in Exhibit A): ",4 7/24/06 2. Date of landscape plan (attached in Exhibit A): 3/24/06 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: May 29`" and June 12th 2006 (for P & Z Commission hearing) and June 26th and July 10t`, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: May 19`h, 2006 (for P & Z Commission hearing) and June 23`d, 2006 (for City Council hearing). e. Applicant posted notice on site by: June 5'', 2006 (for P & Z Commission hearing) and July 8th, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): All existing structures are to be removed prior to construction. b. Description of Character of Surrounding Area: This area contains low and medium low- density residential developments, a proposed medium density subdivision, and a mix of rural parcels in Ada County,. c. Adjacent Land Use and Zoning: 1. North: Kingsbridge Subdivision phases #1-2, zoned R-2 2. South: Martinel Subdivision, zoned RUT (Ada County) 3. East: Zaldien Zerua Subdivision, zoned RUT (Ada County) 4. West: Future phases of Messina Meadows Subdivision, zoned R-8 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property would sewer to mains extended in S. Eagle Road by Kingsbridge Subdivision to the north. Location of water: This property would extend water service from mains in S. Eagle Road extended by Kingsbridge Subdivision to the north. Issues or concerns: The need for an off-peak pumping station. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, shall be tiled when this property develops. Napoli Subdivision AZ-06-024/PP-06-023 PAGE 3 CITY OF MERIDIAN PLANNIN#ARTMENT STAFF REPORT FOR THE HEAF* DATE OF AUGUST 15, 2006 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-2 (Low -Density Residential) and R4 (Medium Low -Density Residential) 5. Size of Propetty: 9.44 acres f. Subdivision Plat Information: 1. Residential Lots: 2-926 2. Non-residential Lots: 0 3. Total Building Lots: 2926 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 3M 29 7. Gross Density: 3-47 2.75 units per acre (net density is 4.22 3.78 d.u./acre) 8. Minimum House Size: single -story: 1,600 square feet two-story: 2,200 square feet g. Landscaping 1. Width of street buffer(s): 25 feet on Eagle Road 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.14 acres/ 13.5% 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. 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-2 Setbacks Proposed Required Front/Street Side Living Area N/A 20 Side Accessed Garage N/A 20 Front Accessed Garage N/A 20 Interior Side N/A 7.5 per story Rear N/A 15 Frontage 80 80 Lot Size 12,000 12,000 Napoli Subdivision AZ-06-024/PP-06-023 PAGE 4 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) N/A 15 Front Accessed Garage (to sidewalk) N/A 20 Side N/A 5 Rear N/A 15 Frontage 60 60 Lot Size 8,300 8,000 k. Proposed and Required Non -Residential: N/A I. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public streets, S. Palatino Avenue, E. Tindaris Street and S. Martino Avenue. The applicant is converting a private street (E. Zaldia Drive) to a public street by constructing a 50 -foot wide section of roadway and dedicating it to ACRD. The applicant is stubbing east along their northern property line, parallel to Kingsbridge Subdivision. The applicant is also proposing to provide a public street stub (S. Palatino Avenue) to the Martinel Subdivision to the south. All of the internal streets (excluding Zaldia Lane extended) are local streets with 36 -feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4 -foot wide detached sidewalks 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 29 26 single-family lots on 9.44 acres for a gross density of 3-.W 2.75 dwelling units/acre and a net density of 3.78 dwelling units/acre. The proposed density complies substantially with the anticipated density for this area. Council 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.- Napoli anner. Napoli Subdivision AZ-06-024/PP-06-023 PAGE 5 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL* DATE OF AUGUST 15, 2006 • 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 Sherds Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the east. In addition, one stub street is being proposed to the south parcel that is currently zoned in Ada County RUT, which staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing private lane by converting it to a public 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 few six -foo tall fence around the northern and western Napoli Subdivision AZ-06-024/PP-06-023 PAGE 6 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 sides of the development, along the street buffers and a six-foot tall closed fence around the eastern and southern boundaries 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, detached 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. Council finds that the existing single-family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the north, east and south. The applicant is proposing to construct a six-foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large county parcels to the internal smaller lots. Council 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. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicants zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-2 lists single-family detached homes as permitted uses in the R-4 and R-2 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities Napoli Subdivision AZ-06-024/PP-06-023 PAGE 7 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 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. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-4 zone established in the UDC. In the Proposed R-2 zone, Lots 2- 9. Block 3 comply with the standard street frontage and lot size requirements of the R-2 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-4 and R-2 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 March 23, 2006 and revised September 7, 2006 by Wayne K. Barber, 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 areas are defined as three to eight dwellings per acre. The submitted plat has a gross density of 3 2.75 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 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 Jensen Belts, Associates, on 3/24/06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 13.5% (1.14 acres) of the site for open space, as proposed. • 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). Napoli Subdivision AZ-06-024/PP-06-023 PAGE 8 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEA* DATE OF AUGUST 15, 2006 Stub Streets: The applicant should be required to extend a public stub street east (currently a private street, E. Zaldia Lane), and provide a public stub street to the Martinel Subdivision to the south as proposed. Existing Residences/Buildings: The site currently contains residential and out- buildings. All existing buildings shall be removed as proposed. Fencing: The applicant is proposing to construct feuF six-foot fence along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed 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 Napoli 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- 024 and PP -06-023, with the conditions listed in Exhibit B of the Staff Report for the hearing date of Aup- st 15, 2006. On June 15 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subiect applications with the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 3�24/96 revised 7/24/06) 2. Landscape Plan (dated: 3/24/06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department Napoli Subdivision AZ-06-024/PP-06-023 PAGE 9 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEAL DATE OF AUGUST 15, 2006 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description (revised September 7, 2006) D. Required Findings from Unified Development Code Napoli Subdivision AZ-06-024/PP-06-023 PAG14 0 CITY OF MERIDIAN PLANNINWARTMENT STAFF REPORT FOR THE HEAD DATE OF AUGUST 15, 2006 A. Drawings 1. Preliminary Plat (dated: 3/24/06 revised 7/24/06) Exhibit A — Page 2 CITY OF MERIDIAN PLANNIN(WARTMENT STAFF REPORT FOR THE 14EARIODATE OF AUGUST 15, 2006 2. Landscape Plan (dated 3/24/06) C ra - - E��ffi333� � •r � ' Exhibit A - Page 3 N 112 z 8 l/D,.,� � r IIIJJJV 11 e > € fit z I LD t� m Z O a YY£Y£ppYaptFY�jYF, �860l� �YYsYYYnppYnyypYp u �� 4 Exhibit A - Page 3 N 112 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 1 S, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-023) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Briggs Engineering, Inc., dated revised Marvh 24 July 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-024) application shall also be considered conditions of the Preliminary Plat (PP -06-023) 1.:1:2 The landscape plan prepared by Jensen Belts, Associates on 3/24/06, is approved with the following modifications/notes: Per UDC 11 -3G -3A, set aside at least 13.5% (1.14 acres) of the site for open space, as proposed. 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 E. Zaldia Lane east as a public street, and provide a public stub street to the Martinel Subdivisionn to the south as proposed. 1.14 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 €eta six-foot tall fence around the perimeter of the development, as proposed. 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 Napoli 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 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B — Page I CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 18, 2006 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-023) 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 planned with Kingsbridge Subdivision. The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 Water service to this site is being proposed via extension of mains planned by Kingsbridge Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 As part of the City of Meridian's "to and through" policy the applicant shall be required to install water and sewer mains along their frontage in S. Eagle Road if at the time of their construction Exhibit B — Page 2 CITY OF MERIDIAN PLANNII&EPARTMENT STAFF REPORT FOR THE HE4*G DATE OF JULY 18, 2006 plan submittal is has not been installed by other developments. 2.5 The applicant shall be required to upgrade the water line in Zaldia Drive to 12 -inch to comply with the City of Meridian's master water plan. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 94-19, 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 Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2:8; 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, 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 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 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. 2.13 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 PLEPARTMENT STAFF REPORT FOR THE HEADG DATE OF JULY 18, 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 not exceeding 3600 square feet will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family, dwellings will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The proposed 29 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 84.1 residents at build out. Exhibit B — Page 4 CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEAW DATE OF JULY 18, 2006 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 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. 7. Ada County Highway District Site Specific Conditions ofApproval 1. Construct E. Zaldia Drive as a 36 -foot street section to align with E. Mona Lisa Drive to the west, within 50 -feet of right-of-way as a residential collector with vertical curb, gutter, and a 5 -foot concrete sidewalk. Parking is not allowed on E. Zaldia Drive, and the applicant should provide a sidewalk easement for any sidewalk located outside of the right-of-way. 2. Construct a 5 -foot detached meandering sidewalk along Eagle Road to be located no closer than 41 -feet from centerline. Provide ACHD with a sidewalk easement for the sidewalk if it is located outside of the right-of-way. Construct the site's internal streets (S. Palatino Avenue, S. Martino Avenue, and E. Tindaris Street) as 36 -foot street sections with roller curb, gutter, 4 -foot detached sidewalks, and 8 -foot planter strips within 60 -feet of right-of-way. 4. Construct the stub street to the east, E. Zaldia Drive, as proposed Construct the stub to the south, S. Palatino Avenue, as proposed. Exhibit B — Page 5 CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEAJOG DATE OF JULY 18, 2006 6. Comply with all Standard Conditions of Approval. Standard Conditions ofApproval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLM (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 6 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HE,IG DATE OF JULY 18, 2006 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3.: Run-off is not to create a mosquito breeding problem. Exhibit B — Page 7 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 C. Legal Description 1/4 CORNER 29 ?8 it i� L--- -------- -- r -.a} ---------- D Ir r r � I ' I 1 FUNRE 0 ` YES�IA IEAD09RS Q S W2158' E 669.9' ------`—r' --- -------Y SU1 W 1 , I ' Z I r � N 89'i9'35' W 670,39' � ' 1/16 CORNER ------J . uaalu�t 1 SON 0 150 300 LEGEND Boundary Una — Section Lines SCALE IN FEET Right Of Way Una ---------`----- Existing Parcel un. REMON NAPOLI SUBDIVISION ANNEXATION EXHIBIT SHEET : 1 OF 1 LOCATED IN THE SW 1/4 OF EXHSECTION 26. T.3N.. RAE_ B.M. DWG OATS DWG NO. SCALE: \sozfz-Mnex.DAG 03 /08 DN 60212 t•. • Exhibit C — Page 1 t,TA BRIGGS ENGINEERING, INC. 8RlGGS ENMW-ERs PLANNERS suRmon ON W. CVUUM ROAD . maw t13705 • (20813"7t hwe dramir my,parson thereof. shall not ba use on any Project a extensionsof ft Project except by "'itten agreement from Diws Eng."rina. Inc. CITY OF MERIDIAN PLANNIIEPARTMENT STAFF REPORT FOR THE HEAo DATE OF JULY 18, 2006 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION NAPOLI SUBDIVISION March 23, 2006 A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY OF SOUTH EAGLE ROAD, AND ALL OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION, AS RECORDED AT BOOK 81 OF PLATS, PAGES 8183 - 8184, ADA COUNTY RECORDERS OFFICE, LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER THE SW 1/4 OF SECTION 28, T.3N., R.1 E., B.M., THENCE S 00°37'09" W 660.65 FEET ALONG THE WEST LINE OF SAID SW 1/4 TO THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE S 89°21'56" E 669.79 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION, AS RECORDED AT BOOK 81 OF PLATS, PAGES 8183 - 8184, ADA COUNTY RECORDERS OFFICE; THENCE S 00°34'03" W 661.11 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; _ THENCE N 89°19'35" W 670.39 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF ' SAID SW 1/4 (S 1/16 CORNER); THENCE N 00°37'09" E 660.65 FEET ALONG THE WEST LINE OF SAID SW 1/4 TO THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION. SAID PARCEL CONTAINING 10.17 ACRES, MORE OR LESS. WAYNE K: BARBER, Exhibit C — Page 2 P.L.S. 8444 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 18, 2006 REVISED DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED NAPOU SUBDIVISION ZONE R-2 September 6, 2006 A PARCEL OF LAND BEING A PORTION OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, T. 3 N., R. 1 E., •B.M.; THENCE S 00°37'09" W 660.65 FEET ALONG THE EAST LINE OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SAID SECTION 28 TO A POINT; THENCE S 89021'56" E 669.79 FEET ALONG THE CENTERLINE OF E. ZALDIEN DRIVE TO A POINT; THENCE S 00°34'03" W 70.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING S 00"34'03 W 591.11 FEET TO A POINT; THENCE N 89°1933" W 422.55 FEET TO A POINT; THENCE N 00*38'04 E 100.02 FEET TO A POINT; THENCE N 45"38'04" E 28.28 FEET TO A POINT; THENCE S 89021'56" E 206.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 125.66 FEET, SAID CURVE HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 90°00'00", TANGENTS OF 80.00 FEET, AND A CHORD WHICH BEARS N 45°38'04" E 113.14 FEET TO A POINT OF TANGENCY; THENCE N 00°38'04" E 390.80 FEET TO A POINT; THENCE S 89°21'56" E 115.86 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 2.45 ACRES, MORE OR LESS. WAYNE K 602 l 2-RevAnn ex-R2.doc Exhibit C — Page 3 PLS 8444 CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEVG DATE OF JULY 18, 2006 290 28 A 'EXE-,Blr" 8. S 89'2I'56' E 669.79' E ZkDIA E. ZALDIA DRYE --pRaLANE Tr - - --k-- REAL POINT Or BErJMkNG • 19.21'58•E"' Ild I 2 BLOCK 2 10 ------------ 3 5 R2 6 7 1 7 I E FRATELLI; Si. N 8521'56' W MOO' 7 MCK 3 A� UCK A L.NE TABLE JL !."MBER '-0N:PDisrAsCE! L, '4 OtREC'E Jl 46Jtl U4 E 1 28.28'_ CURVE -,A8--- I INLIVBER 1 AX ENCTH MEU- I :)ELTA ANGIE ANOD� 5 RG 2416 C7 U 1 725.66' 40'00'00't5 04-E 32 33 =70% CORWR -EGE N D 3o.rccly Gne Sec*,;or -fines R:ght of Wcy -'re R--VSIG,i , BY S,EET OF I NAPOLI SUBDIVISION R2 ANNEXATION LOCATED IN T -IE SW -,/4 OF SEG -10\ I T.IN I I:_ - N. ?.V. EX'253 H -R2 Z).Vr DAM D NO. �BD2n-AnnexIWlG `j 09/06/06 TRT 60212 I = 150, Exhibit C — Page 4 BRIGGS ENGINEERING, INC. cBRIGGS ENGINEERS PLANNERS SURVEYCRS 800 W OVa-ANO qQA,' - RDISE, IDAHO 83705 - (208)344-9700 hose do.jngs, or any po,;On thorW', shell not be vwc or. any Project or extensions of tn.s Projec-, except by wfdt- camernert from Win- hnnir-,:,.,. 1nr CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 18, 2006 REVISED DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED NAPOLI SUBDIVISION ZONE R-4 September 6, 2006 A PARCEL OF LAND BEING A PORTION OF LOT 3, BLOCK 1, ZALDIEN ZERUA SUBDIVISION LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 28, T. 3 N., R. 1 E., B.M.; THENCE S 00'37'09" W 660.65 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 28 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89021'56" E 669.79 FEET ALONG THE CENTERLINE OF E. ZALDIA DRIVE TO A POINT; THENCE LEAVING SAID CENTERLINE, S 00'34'03"W 70.00 FEET TO A POINT; THENCE N 89'21'56" W 115.86 FEET TO A POINT; THENCE S 00'38'04" W 390.80 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 125.66 FEET, SAID CURVE HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 90'00'00', TANGENTS OF 80.00 FEET, AND A CHORD WHICH BEARS S 45'38'04" W 113.14 FEET TO A POINT OF TANGENCY; THENCE N 89'21'56" W 206.00 FEET TO A POINT; THENCE S 45'38'04' W 28.28 FEET TO A POINT; THENCE S 00'38'04" W 100.02 FEET TO A POINT; THENCE N 89'19'33"W 247.84 FEET TO A POINT ON SAID EAST LINE OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4; THENCE N 00'37'09" E 660.65 FEET ALONG SAID EAST LINE TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 7.72 ACRES, MORE OR LESS. WAYNE K. BARBER 60212-Rc%' Annet-R4.doc Exhibit C — Page 5 PLS 8444 CITY OF MERIDIAN PLANNI*PARTMENT STAFF REPORT FOR THE HEASbDATE OF JULY 18, 2006 EXIT='' B /4 29 Q 26 3� REAL POINT OF 3EGIWNiN1. j 589 27'56' E 669.79' E. MIA LANE �. ZALCA DRIVE — —` -- —---�--- n. I N I ` 56'26 t:5. BLOCK 2 I i i s I I I I e�t3 w I 3 I �i vi I N O 4 I � I I a I i 7 j E FRar=,LLG sr. I w 206.00' p B.Ca( 3 � BLOCK • � sox�cw�� I N 89.933° W 24).84' — -' -- — — ----- I I j I LINE TAB-: I NUMBER I IRECTION D'STA\CES I Lt I S 45,3810 yg• CLRVE iABL� •NLA48ER ARC ' NGT4 US DELTA ANGLE TANCrNT ^-OR^ 3EA71NG CHORO i-vr•u C! 125 66 I 80 CO I 90'OD'ar` � a^ m• i'�--'—� 29 1 —EGEN D 028 yrs a cc — — — — — — Boundary Line -- — Section Unes R'gnt of Way Une nS°N NAPOLI SUBDIVISION R4 ANNEXATION Cl • SOCA= I\ THE SW 1/4 OF p)g// SECTION 28, —.31., R.1E., B.V. EX'' -R4 4 CSG DATE: DNC NO. 09/CE/06 -RT I 602:2 1-= :5C' Exhibit C — Page 6 BRIGGS ENGINEERING, INC. i BRIGGS ENGUIEERS PLANNERS SURVEYORS IBCA W. OVER:AAO M0 - , 0" 83705 - (208)344 iese droei193. o• My portion Nereo', shad not oe ,Ise on cry P•o'ecl o• extersois of this Project except fiy an rw ,urnnr..nn/ Im,n R.innc tnn.w^nnn in^ CITY OF MERIDIAN PLA PARTMENT STAFF REPORT FOR THE HEAe DATE OF JULY 18, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-2 and R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-2 and R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-2 and R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-2 and R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Exhibit D - Page 1 CITY OF MERIDIAN PLANNT*PARTMENT STAFF REPORT FOR THE HEAW, DATE OF JULY 18, 2006 Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACID considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D — Page 2 September 8, 2006 AZ 06-004 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Treehaven, LLC ITEM NO. S -F REQUEST Development Agreement — Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) ar C -C (28.45 acres) for The Tree Farm -- n/o Chinden on both sides of Black Cat AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Development Agreement 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: V" SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ' Date: Phone: .3(,,--47V36 Emailed: n,Q' (� , COM a Initials: Materials presented at pu lic meetings! become property of the City of Meridian. I� �J GIVE &= SLEY LLP LAW OFFICES 601 W. Bannock Street PO Box 2720, Boise, Idaho 83701 TELEPHONE: 208 388-1200 FACSIMILE: 208 388-1300 WEBSITE: www.givenspursley.com DEBORAH E. NELSON DIRECT DIAL: 208 388-1215 EMAIL: den@givenspuralay.com Via Hand Delivery August 24, 2006 City Clerk City of Meridian Meridian City Hall 33 East Idaho Avenue Meridian, Idaho 83642-2300 Gary G. Allen Jeremy G. Ladle W. Hugh O'Riordan, LL.M. Kristen A. Atwood Michael P. Lawrence Bradley V. Sneed Kelly T. Barbour Franklin G. Lee H. Barton Thomas, LL.M. Christopher J. Beeson David R. Lombardi Scott A. Tschlrgi LL.M. William C. Cole John M. Marshall J. Will Varin Michael C. Creamer Kenneth R. McClure Conley E. Ward Thomas E. Dvorak Kelly Greene McConnell Robert B. White Roy Lewis Eiguren Cynthia A. Melillo Terri R. Yost Jeffrey C. Fereday Christopher H. Meyer Martin C. Hendrickson L. Edward Miller Steven J. Hippler Patrick J. Miller RETIRED Debora K. Kristensen Judson B. Montgomery Kenneth L. Pursley Anne C. Kunkel Angela K. Nelson Raymond D. Givens Deborah E. Nelson James A. McClure Re: Development Agreement - The Tree Farm Dear Clerk: AUG 2 4_, City of Meridian Citi► Clerk Office Enclosed please find the Development Agreement for The Tree Farm project. The Agreement has been fully executed with the exception of the signatures needed for the City of Meridian. Please note that the Public Works Department currently is reviewing the legal descriptions and will provide substitute pages (reflecting their approval) for those included here. I am also enclosing a CD containing a scanned version of the Agreement. Note that the scanned- version cannedversion is not executed. Once the Agreement has been signed by the City and recorded, please provide me with a copy of the recorded Agreement. If you have any questions or concerns please do not hesitate to contact me. Sincerely, 1, Deborah E. Nelson Enclosures cc: Bill Nary Derick O'Neill DEN:kdt SACLIENPS\76901.3\DEN Ltr to City Clerk re Filing Development Agreement -DOC ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 78 ® IDAHOBOISE DEPUTY PaW Thompson PM RECORDED -REQUEST OF City of Meridian 106151211 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian ("City") 2. Treehaven LLC and Treehaven West LLC ("Developer") THIS DEVELOPMENT AGREEMENT ("Agreement"), is made and entered into this 2,'yday of 2006, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("City"), and TREEHAVEN LLC and TREEHAVEN WEST LLC (collectively, "Developer"). 1. RECITALS: 1.1. WHEREAS, Section 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.2. WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3(D)(2) of the UDC (as defined below), which section authorizes development agreements .upon the annexation and/or re -zoning of land; and 1.3. WHEREAS, a certain tract of land located in the County of Ada, City of Meridian and described in Exhibit Al attached hereto and illustrated in Exhibit A2 ("Property") is solely owned in law and/or equity by the individuals and entities identified in Exhibit B attached hereto; and 1.4. WHEREAS, Developer submitted an application for annexation and zoning of the Property requesting a designation of zoning districts C -C, C -N, R-15, R-8 and R-2 under the UDC (which zoning districts are generally depicted on Exhibit A2) and generally describing how the Property will be developed and what improvements will be made, as generally depicted on the February 23, 2006 Concept Plan attached hereto as Exhibit C); and 1.5. WHEREAS, Developer made representations at the public hearings before both the Meridian Planning & Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6. WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property that were held before the Planning & Zoning Commission and the City Council include responses of government subdivisions providing services within the City of Meridian planning jurisdiction and further testimony and comment; and 1.7. WHEREAS, on June 27, 2006, the City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Order"), attached hereto DEVELOPMENT AGREEMENT — THE TREE FARM Page 1 of 78 • as Exhibit D, whereby the City annexed and zoned the Property in accordance with Developer's application, as amended at the public hearings (which zoning districts are generally depicted on Exhibit A2); and 1.8. WHEREAS, Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement is entered into voluntarily and at its urging and request; and 1.9. WHEREAS, City requires Developer to enter into a development agreement to ensure the Property is developed and subsequently used in accordance with the terms and conditions of this Agreement, which terms and conditions were 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 the zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 ("Comprehensive Plan"), and the Unified Development Code of the City of Meridian, effective September 15, 2005 ("UDC"). 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. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1. CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2. DEVELOPER: means and refers to Treehaven LLC and Treehaven West LLC, whose address is 2242 East Riverwalk Street, Suite 200, Boise, Idaho 83706, the party developing the Property and shall include any subsequent developer(s) of the Property. 3.3. PROPERTY: means and refers to that certain real estate located in the County of Ada, City of Meridian, described and illustrated in Exhibit A, and owned by the individuals and entities identified in Exhibit B. DEVELOPMENT AGREEMENT — THE TREE FARM Page 2 of 78 ! 0 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. The uses allowed pursuant to this Agreement are only those uses (1) allowed under the UDC as it exists on the date of this Agreement, which uses may be expanded but not limited by any future amendment to the UDC, or (2) currently existing on the Property (including the existing residential homes and related improvements and the existing nursery or urban farm). 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Developer shall develop the Property in accordance with the following special conditions. This list of special conditions is intended to include all conditions and requirements applicable to the Property as a condition of annexation and zoning. 5.1. All future development of the Property shall be constructed in accordance with the UDC as it exists on the date of this Agreement; provided, however, that uses may be expanded but not limited by any future amendment to the UDC, and the existing tree farm (nursery) may continue to operate as it presently exists on the Property, including all existing structures and access points. 5.2. Developer will develop the Property generally in accordance with the Concept Plan, at Exhibit C, unless otherwise modified by this Agreement. The parties acknowledge that the designation of land uses on the Concept Plan is conceptual and is subject to change as necessary to respond to market conditions, site conditions, and other development considerations. Notwithstanding any land use designation shown on the Concept Plan, any parcel may be developed, improved and used as is allowed by the underlying approved zoning for such parcel. Specifically, Developer may develop the Property at density levels consistent with the approved zoning. 5.3. Developer is responsible for all costs associated with the on-site extension of sewer and water service. Sewer service to the Properly shall be delivered via gravity means to the Black Cat Trunk. No interim or temporary lift stations are allowed unless approved by the City at the time of final plat. 5.4. Any existing domestic wells and/or septic systems within this project will be removed from their domestic service, per Meridian City Code 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. 5.5. Prior to the issuance of any new building permit beyond the number of building permits presently allowed, the Property will be subdivided in accordance with the UDC. 5.6. Once a final plat is recorded on the Property, no direct lot access to Chinden Boulevard will be allowed for that portion platted, except as otherwise shown on DEVELOPMENT AGREEMENT — THE TREE FARM Page 3 of 78 the plat. Access to the site from Chinden Boulevard will be restricted to the section lines and half -mile between sections only, as shown on the Concept Plan, unless otherwise modified by this Agreement. The two future access points to the Property from Chinden Boulevard shall be constructed as public streets in accordance with the adopted North Meridian Auto Circulation Map in the Comprehensive Plan and in alignment with the existing or approved public streets on the south side of Chinden Boulevard. 5.7. At such time as final plats for parcels adjacent to Black Cat Road are proposed, access to Black Cat Road extended shall be subject to approval by the City and Ada County Highway District. 5.8. When the Property develops adjacent to the following parcels, as indicated by their current Ada County tax parcel number and generally shown on the map included as Exhibit E. Developer will provide public street access to that parcel: (1) Martom Group LLC, Parcel No. SO421346600; (2) Schwenkfelder, Parcel No. SO421428100; and (3) Henkel, Parcel No. R9323930190. Developer's commitments with respect to Basco Lane and access to properties to the north are included in the Addendum to Development Agreement, attached hereto as Exhibit F. Additional stub streets may be required as part of preliminary plat approval, except to the north. 5.9. Developer shall construct all landscape buffers and land use buffers in accordance with the UDC provisions in effect at the time of development. 5.10. This Agreement and the commitments of Developer herein shall be binding on Developer's successors, heirs and assigns, as set forth more fully in Section 19. 5.11. The foregoing conditions are intended to represent a comprehensive list of all requirements to be placed upon Developer with respect to development of the Property and supercede all prior written or verbal agreements or recommendations, including City staff's recommended terms for inclusion in a development agreement listed in the Staff Report referenced in and attached to the Order. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon the failure of Developer or Developers' heirs, successors, or assigns, to comply with Section 5 herein, entitled "Conditions Governing Development of Property," within two (2) years after the effective date of this Agreement and after City has complied with the notice and hearing procedures in Section 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT — THE TREE FARM Page 4 of 78 • • 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer consents, upon default of this Agreement, to the reversal of the zoning designation of the Property subject to and conditioned upon the following condition precedent: 7.1. City will provide written notice of any failure to comply with this Agreement to Developer and Developer fails to cure such failure within six (6) months of such notice: 8. INSPECTION: 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 Agreement and all other City ordinances that apply to said development. 9. DEFAULT: 9.1. In the event Developer or Developer's heirs, successors, or assigns, or any other person acquiring an interest in the Property, fails to comply with all of the terms and conditions included in this Agreement in connection with a portion or all of the Property, then City may modify or terminate this Agreement against the offending portion of Property in compliance with the requirements of the UDC. 9.2. A waiver by City of any default by Developer of any one or more of the terms or conditions in this Agreement shall apply solely to the breach or breaches waived and shall neither bar any other rights or remedies of City nor apply to any subsequent breach of any such or other terms and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either this Agreement or a memorandum of this Agreement, including all of the Exhibits, at Developer's cost, and submit proof of such recording to Developer, prior to the third reading of the ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, then City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Developer, 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. DEVELOPMENT AGREEMENT — THE TREE FARM Page 5 of 78 12.1. In the event of a material breach of this Agreement, the parties agree that City and 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 City or Developer 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: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of the improvements, which Developer agrees to provide if required by City. 14. CERTIFICATE OF OCCUPANCY: Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless City and Developer have entered into an addendum agreement stating when the improvements will be completed in a phased development; 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 City. 15. ABIDE BY ALL CITY ORDINANCES: Developer and Developer's assigns, heirs, and successors will abide by all ordinances of the City of Meridian, unless otherwise provided in this Agreement, and the Property shall be subject to de -annexation if Developer or Developer's assigns, heirs, or successors do not abide by such ordinances or meet the conditions contained in the Order or this Agreement. 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: DEVELOPER: City Engineer Treehaven LLC and Treehaven West LLC City of Meridian 2242 East Riverwalk Street, Suite 200 33 East Idaho Avenue Boise, Idaho 83706 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT — THE TREE FARM Page 6 of 78 0 with copy to: City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 with copy to: L. Edward Miller Givens Pursley LLP P.O. Box 2720 Boise, Idaho 83701 0 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. 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 successors in office. This Agreement shall be binding on Developer and each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Developer has fully performed its obligations under this Agreement. 20. DUTY TO ACT REASONABLY. Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. COOPERATION OF THE PARTIES. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT — THE TREE FARM Page 7 of 78 22. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, then 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. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, conditions and understandings between City and Developer relative to the subject matter hereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between City and Developer, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. 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. 23.1. No condition governing the uses and/or conditions governing re -zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 24. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the City Council shall adopt the amendment to the UDC in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT — THE TREE FARM Page 8 of 78 e 0 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herein above provided. Attest: DEVELOPER Treehaven, LLC, an Idaho limited liability company By: Peter S. O'Neill, Manager TreeHaven West, LLC, an Idaho limited liability company k By: Peter S. O'Neill, Manager CITY OF MERIDIAN � A - - -: CITY CLERK = - cr r is, CONSENT BY PROPERTY OWIVR�,,op�,r,a,��R�'\ d!� As owners of the affected Property, we hereby consent to this Development Agreement between the City and the Developer. T�, - L �D -,�- - MDC, LLC By: Doug Carnahan, President - 0-1-� Lt." Doug Carnahan, individual property owner F � Ch er Properties, LL B3K JoAnn Eggers, Member Treehaven, LLC By: Peter S. O'Neill, Manager DEVELOPMENT AGREEMENT — THE TREE FARM Page 9 of 78 STATE OF IDAHO, ) ss: County of Ada, ) On this �;Z day of T 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter S. 6'Neill, on behalf of Treehaven, LLC, known or identified to me to be the Manager of said limited liability corporation, who executed the instrument on behalf of said limited liability corporation, and acknowledged to me that he executed the same. year in this (SEAL) STATE OF IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and icggfimn l %p written. e®®e VIS 0 County of Ada, ) t .�,p,TA.Ry • 0 ®•� ° -PUBLIC e90® ) ss: Notary Public o. Residing at: KQ My Commission On this day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter S. O'Neill, on behalf.of Treehaven West, LLC, known or identified to me to be the Manager of said limited liability corporation, who executed the instrument on behalf of said limited liability 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 and year in this certificate fijivlwntten. (SEAL) STATE OF IDAHO County of Ada Ole W ® TAo ® g '. -PUBLIC' .100, 00009 "Al"TF OF 1�P••. ss: Atrcrcdw� otary Public for I Residing at: My Commission xpires: Lah d /2411 On this 12*1-* day of 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William d. 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 person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. •**Some,&* 40 (SEA1 ;VI'Voi Notary Publi or Idaho f x: Residing at:.MdW Lj�. ID Commission expires: • -.IC = •� DEVELA" A&"EMENT — THE TREE FARM Page 10 of 78 0 STATE OF IDAHO, ) ss: County of Ada, ) 9 On thisS day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared JoAnn gers, on behalf of Chester Properties, LLC, known or identified to me to be the Member of said limited liability corporation, who executed the instrument on behalf of said limited liability corporation, anq acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fWst,%bp_ye written. A 4`l�d ` , k- C F �. STATE OF IDAHO, ) ss: County of Ada, ) Notary Public for Io Residing at: !± My Commission Expires: On this A14 day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Doug Carnahan, on behalf of MDC, LLC, known or identified to me to be the President of said limited liability corporation, who executed the instrument on behalf of said limited liability 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 and year in this certificat written. GP�.A '�1�V�s (SEAL) ® TA otary Public for Idal ®® Residing at: (;� My Commission Expires: A STATE OF County of Ada, On this day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Doug Carnahan, an individual, known or identified to me to be such individual, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and- year ndyear in this certificate first above written. CA, A Vf IVES (SEAL) ��� V (� ®�® Notary Public for IdAho Residing at: u-. My Commission Expires: O F 1�P DEVELOPMENT AGREEMENT — THE TREE FARM Page 11 of 78 INDEX TO EXHIBITS Exhibit Al: Legal Description and Map of Property Exhibit A2: Zoning Map of Property Exhibit B: Owners of Property by Parcel Number Exhibit C: Concept Plan Exhibit D: City Council Findings of Fact, Conclusions of Law and Decision and Order Exhibit E: Map of Adjacent Property Exhibit F: Addendum to Development Agreement DEVELOPMENT AGREEMENT — THE TREE FARM Page 12 of 78 • EXHIBIT Al DEVELOPMENT AGREEMENT — THE TREE FARM Legal Description and Map of Property EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM Page 13 of 78 A5G ° I EXHIBIT A " ANNEXATION Anderson Survey Greup.com ,a A parcel of land situated In Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet to the True Point of Beginning; thence continuing along South Una of said Section 22, North 89017'39" West a distance of 1353.62 feet thence continuing North 89017'09" West a distance of 2647.111 feet to the corner common to Sections 21, 22, 27 and 28; thence along the South line of said Section 21 North 89"24'46" West a distance of 1307.51 feel; thence leaving said South line North 00°22'50" East a distance of 2039.08 feet to a point on the South bank of the Phyllis Canal; Thence along said South Bank the following (9) courses and distances: North 8003310" East a distance of 494.25 feet; thence North 60°40'00" East a distance of 951.83 feet, thence South 00031'080 West a distance of 69.65 feet; thence North 65046'04 East a distance of 851.16 feet; thence North 7903732" East a distance of 745.64 feet; thence South 00°65'34' West a distance of 6.99 feet; thence North 78021'21" East a distance of 245.06 feet thence South 84°30'54' East a distance of 198.80 feet; thence South 80022'45' East, 442.89 feet; thence leaving said South One South 00"28'13" West a distance of 494.11 feet; thence South 89030'02" East a distance of 777.64 feet to a point being (when measured at right angles to) 330.00 feet distant from the Westerly One of the Southaast Quarter of said Section 22; thence atortg a line being parallel with and 330.00 feet distant from said Westerly One, North 00030'03" East a distance of 84.85 feet; thence South 42°14'38" East a distance of 18.67 feet; thence South 00°26'23" West, 80.50 feet; thence South 66"31'27 East a distance of 189.70 feet thence South 47'28'09" East a distance of 249.32 feet thence North 00"2621" East a distance of 481.56 feet to a point on the south bank of the Phyllis Canal; thence along sold South bank the following four (4) courses and distances: South 89025'59' East a distance of 230.01 feet thence North 85'28'24" East a distance of 330.38 feet; thence North 73"44'36" East a distance of 467.78 feet thence North 79'56'07" East a distance of 931.30 feet to a point on the East One of said Section 22; thence along said East line, South 00'2839" West a distance of 400.03 feet to the East one-quarter comer of sold Section 22, said point being marked by a brass cap; thence continuing along said East line, South 00'20'09' West a distance of 1317.57 feet to a point narked by a 5/8" rebar; thence leaving said East One, North 89°18'34" West a distance of 1291.77 feet to a point marked with a 5/8" reber, thence South 00'25'06" West a distance of 1316.97 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel commencing In the Southeast comer of Section 21, said point being marked by an aluminum cep, thence North 00'16'30" East a distance of 914.93 feet to the True Point of Beginning; thence North 44020'00" West a distance of 137.71 feet; thence North 58"26'30" West a distance of 138.52 feet thence North 83'03'00" West a distance of 187.58 feet; thence South 81"20'00" West a distance of 156.89 feet; thence North 00'33'30" East a distance of 245.48 feet; thence North 79'31'00" l=ast a distance of 103.70 feet; thence North 67123.00" East a distance of 104.89 feet, thence North 86'36'00" East a distance of 357.39 feet (formerly North 86'3230" East a distance of 357.98 feet); thence South 00'16'30" West a distance of 495.93 That to the Point of Bo ninnino. Annexation Parcel contains 358.57 acres, more or less. 357 E. ttatertower to., • Suite F. Neridioo. 10 83642 P. 286.888.7315 " r 200 008.714a gn 0 1 NMI M IDIAN PUBLIC WORKS DEPT, EXMIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT - THE TREE FARM Page 14 of 78 RS0 Anderson Survey Group.com-0 EXHIBIT A MODIFIED PARCEL 1 ZONED R -Is Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89017'39" West a distance of 1418.61 feet to the True Point Of Beginning; Thence continuing along said South line, North 89"17'39' West a distance of 1278.68 feet to the Southeast comer of the Southeast Quarter of said Section 22; thence continuing along said South line, North 89"17'09" West a distance of 50.05 feet to a point; thence leaving said South line, North 00°42'51" East a distance of 154.07 feet to point; thence along a curve to the right have a radius of 700.00 feet, an arc length .of 403.37 feet and through a central angle of 31 °00'58", with a chord bearing of North 17"13'20" East, a chord distance of 397.81 feet to a point of reverse curvature; thence along a curve to the left having a _radius of 500.00 feet, an arc length of 292.41 feet, through a central angle of 33030'26", with a chord bearing North 16°58'36" East, a chord distance of 288.26 feet to a point; thence North 86°5929" East a distance of 143.11 feet to a point of curvature; thence along a curve to the left, having a radius of 450.00 feet, an arc length of 514.04 feet, though a central angle of 65026'58", with a chord bearing North 54"16'00" East, a chord distance of 486.54 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 800.00 feet, an arc distance of 545.60 feet, through a central angle of 39004'33", with a chord bearing North 41"04'48" East, a chord distance of 535.09 feet to a point; thence North 60037'04 East a distance of 178.07 feet to a point; thence South 29622'56" East a distance of 335.65 feet; thence North 54016'00" East thence South 89"18 '34" East a distance of 125.00 feet; thence South 00"25'06" West a distance of 1316.93 to the Point Of Beginning. Said parcel contains 31.38 acres, more of less. End description rz-k Project No. 05132May 25, 2006 73t4 35r F. Yatertower Ln.. - Suite F. Meridian. 10 83642 P.200,888.7345 . EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM REVIE�VAL BY p 0 1 2005 MERIDIAN WORKS DEPT. tC Page 15 of 78 • RSG Anderson Survey f mup tomo EXHIBIT A Legal Description The Tree Farm Parcel 1A A parcel of land situated in the South Haff of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West a distance of 1293.61 feet to the True Point Of Beginning, Thence North 89"17'39' West a distance of 125.00 feet; thence North 00°25'06" East a distance of 1316.93 feet; thence South 89°18'34" East a distance of 125.00 feel; thence South 00025'06" West a distance of 1316.97 feet to the Point Of Beginning. Said parcel contains 3.78 acres, more of less. End description Project No. 05132PIVN71314 --AMay 25, 2006 �- REVI APPVAL BY STEP Q 120116 MERIDIAN PUBLIC WORKS DEPT. 357 E. Yatertorer Ln.. Suite F. Beridion, 18 63642 P.288.888.7345 - EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT — THE TREE FARM Page 16 of 78 ASG A Anderson Survey Group.com ®, EXHIBIT A PARCEL 2 ZONED R-2 Legal Description A parcel of land situated in Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as fopov Commencing at the Southeast comer of said Section 22, saidint be aluminum cap, thence along the South line cf said Section 22 North being Westan a thence North 00°25'06" East ast a distance of 1316.9 distance of 1293.61 fee7 feet to the True Point Of Beginning; Thence North 29022'56" West a distance of 335.65 feet thence North 60037'0" East a distance of 218.84 feet to a point of curve; thence along a curve to the left having a radius of 300.00 feet, an arc length of 302.88 feet and through a central angle of 57050'47", with a chord bearing North 31041'41" East a distance of 290.18 feet to a point of reverse carve; thence along a curve to the right having a radius of 500.00 feet, an arc length of 335.63 feet and through a central angle of 38027'39", with a chord bearing North 22°00'06" East a distance of 329.37 feet; thence North 41013'55" East a distance of 517.90 feet to a point of curve; thence along a curve to the left having a radius. of 200.0o feet, an arc length of 182.76 feet and through a central angle of 52021'25",- with a chord bearing North 15003'13" East a distance of 176.47 feet; thence North 11°0730" West a distance of 80.25 feet to a point on the South line of the Phyllis Canal; thence along said South line, North 79°58'07" East a distance of 639.11 feet to a point on -the East line of said Section 22; thence along said East line, South 00°28'39" West a distance of 400.03 feet to the East one-quarter comer of said Section 22, said point being marked by a brass cap; thence continuing along said East line, South 00020' West a distance of 1317.57 feet to a point marked by a 5/8" rebar; thence leaving said East line, North 89"18'34" West a distance of 1291.77 feet to a point marked with a 5/8" rebar being the Point of Beginning. Containing 38.70 acres, more or less End of Description Project No. 05-132 December 14, 2005 r 357 E. Viatertower Ln., . Suite F. Heridien, 18 83642 P.208.888.7345 " F.208.888.7354 EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM wORKS DEPT. Page 17 of 78 FIB L J ExIIIBIT A Anderson Survq Group.com Page 1 of 2 PARCEL 3 ZONED R-8 A parcel of land situated in Section 22, Township 4 North, Range I West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22; thence along the South line of said Section, South 89117'39" West a distance of 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39" West a distance of 1353.62 feet to a point; thence continuing North 89°17'09" West a distance of 2647.16 feet to the corner common to Sections 21, 22, 27 and 28; thence along the south line of said Section 21 North 89°24'46" West a distance of 1307.51 feet; thence leaving said South line North 00°22'50" East a distance of 859.78 feet to the TRUE POINT OF BEGINNING; Thence North 00022'46" East a distance of 1179.29 feet to a point on the South bank of the Phyllis Canal; Thence along said South Bank the following (9) courses and distances: North 80°33'30" East a distance of 494.25 feet; thence North 60°40'00" East a distance of 951.83 feet; thence South 00°31'08" West a distance of 69.65 feet; thence North 65°46'04" East a distance of 651.16 feet; thence North 79°37'32" East, 87.63 feet; thence South 21119'02" East, 356.05 feet to a point of curvature; thence along a curve to the right, having a radius of 200.00 feet, an arc length of 96.06 feet and through a central angle of 27°31'07", with a chord bearing South 07°33'29" East, a chord distance of 95.14 feet to a point; thence South 06°12'05" West, 237.43 feet to a point; thence along a curve to the right, having a radius of 750.00 feet, an arc distance of 575.01 feet and through a central angle of 43°55'39", with a chord bearing South 65°51'03" East, a chord distance of 561.03 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 250.00 feet, an arc distance of 188.18 feet and through a central angle of 43°07'41", with a chord bearing South 65°27'04" East, a chord distance of 183.77 feet to a point; thence South 87000'55" East, 81.62 feet to a point of curvature; thence along a curve to the left, having a radius of 400.00 feet, an arc distance of 196.26 feet and through a central angle of 28°06'46", with a chord bearing North 78155'42" East, a chord distance of 194.30 feet to a point; thence along a curve to the right having a radius of 450.00 feet, an arc distance of 769.67 feet and through a central angle of 97°59'50" , with a chord bearing North 41°30'03" East, 679.22 feet; thence South 89°30'02" East, 777.64 feet to a point; thence North 00°30'03" East, 84.85 feet to a point; thence South 4211438" East, 18.67 feet to a point; Thence South 00°26'23" West, 80.50 feet to a point; Thence South 86°31'27" East, 189.70 feet to a point; Thence South 47°28'09" East, 249.32 feet to a point; thence North 00°26'21" East, 461.56 feet to a point; Thence South 89°25'59" East, 230.01 feet to a point; thence North 85°28'34" East, 330.36 feet to a point; thence North 73°44'36" East, 467.78 feet to a point; Thence North 79°58'07" East, 292.19 feet to a point; thence South 11°07'30" East, 80.25 feet to a point of curvature; thence along a curve to the right, having a radius of 200.00 feet, an arc distance 182.76 feet and through a central angle of 52°21'26", having a chord bearing South 15°03' 13" West, a chord distance of 176.47 feet to a point; thence South 41°13'56" West, 517.90 feet to a point of curvature; thence along a curve to the left, having a radius of 500.00 feet, an are distance of 335.63 feet and through a central angle of 38127'39", with a chord bearing South 22°00'06" West, a chord distance of 357 E. Watertawer Ln.. • Suite F. Meridian, IQ 83642 P. 288.888.7345 • .. 2 `!�.i?,!f!. .1Sj 329.37 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 300.00 feet, an arc distance of 302.88 feet and through a central angle of 57°50'41", with a chord bearing South 31°41'41" West, a chord distance of 290.18 feet to a point; thence South 60°37'04" West, 396.71 feet to a point of curvature; thence along a curve to the left, having a radius of 800.00 feet, an are distance of 545.60 feet and through a central angle of 39°04'33", with a chord bearing South 41°04'48" West, a chord distance' of 535.09 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 450.00 feet, an arc distance of 514.04 feet and through a central angle of 65°26'58", with a chord bearing South 54°16'00" West a chord distance of 486.54 feet to a point; thence South 86°59'29" West, 143.11 feet to a point; thence along a curve to the left, having a radius of 500 feet, an arc distance of 29.99 feet and through a central angle of 03'26'12", with a chord bearing North 01 °29'43" West, a chord distance of 29.99 feet to a point; thence North 03°12'49" West a distance of 72.76 feet to a point of curvature; thence along a curve to the left, having a radius of 200.00 feet, an arc distance of 156.88 feet and through a central angle of 44°56'32", with a chord bearing North 25°41'05" West, a chord distance of 152.89 feet to a point; thence North 48°09'21" West, 172.87 feet to a point of curvature; thence along a curve to the left, having a radius of 550.00 feet, an arc length of 701.23 feet and through a central angle of 73°03'01", with a chord bearing North 84°40'52" West, a chord distance of 654.69 feet to a point; thence South 58°47'38" West, 502.91 feet to a point of curvature; thence:along a curve to the right, having a radius of 1200.00 feet, and arc distance of 949:72 through a central angle of 45°20'44", with a chord bearing`W.est, :a ' chord distance of 925.12 feet to a point; thence North 75°51'_38": West'a distance.°of ' 618.15 feet; thence North 00016130" East a distance of.:.463?0 ' feet;., whence.: South. ' 86°36'00" West a distance of 357.39 feet (fonnerly South .86'32'30" West a. distance of 357.98 feet); thence South 67°23'00" West a distance; of `104.89, 'feet; :thence;:South 79°31'00" West a distance of 103.70 feet; thence South 00033'30" West a .di tance of 245.48 feet; thence North 81°20'00" East a distance` of 156.89 ..feet; thence South 83°03'00" East a distance of 187.58 feet; thence. ;South 58'26'30" East a distance. of 138.52 feet; thence South 44°20'00" East a..,;distance of 78.25 feet; .,:thence North 75°51'38" West, 264.25 feet; to a point of curvature; thence along a curve to the left, having a radius of 750.00 feet, an arc length of 421.71 feet' and through a central angle of 32°12'58", with a chord bearing South 88°01'53" West, a chord distance of 416.17 feet to a point; thence South 71 °55'24" West, 352.27. feet to a point of curvature; thence along a curve to the right, having a radius of 500.00 feet, an arc distance. of 155.06 feet and through a central angle of 17°46'08", with,a.chord bearing South 80°48'28" West chord distance of 154.44 feet to a point; thence South 89°41'32" West a dist'' LA y. 105.04 feet to a point, the Point of Beginning, Said parcel containing 167.02 acres, more or less. .I&IYL ate. :7314 MERIDIAN. PUBLIC WORDS DEPT. 351 E. Watertower Ln., - Suite F, Meridian, 10 83642 P.208.888.1345 • 6.200.888.7354 neo - Anderson Survey Group.com V EXHIBIT A PARCEL 4 ZONED R-2 Legal Description A parcel of land situated In Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commenci t the an aluminum caps thence Southeast a South OneSection ofsaid Section 2said 2,, pointbeing t 1T3r marked West, 1293.61 feet; thence continuing along South Una of said Section 22, North 89'1739' West a distance of 1353.62 feet; thence continuing North 89'1709' West a distance of 2647.16 feet to the tomer common to Sections 21, 22, 278 and 28; thence along the south line of sold Section 21 North 89'2446' West a distance of 1307.51 feet; thence leaving said South line North 00'22'50' East a distance of 2039.08 feet to a point on the South bank of the Phyllis Canal; Thence along said South Bank the following (9) courses and distances; North 80°33'30' East a distance of 494.25 feet; thence North 60040'00" East a distance of 951.83 feet; thence South 00°31'08' West a distance of 69.65 feet; thence North 65046'04" East a distance of 651.113 feet; thence North 7903732' East a distance of 87.63 feet to the TRUE POINT OF BEGINNING; Thence North 79037'32' East a distance of 658.01 feet; theme South 00055'34" West a distance of 6.99 feet; thence North 78021'21" East a distance of 245.06 feet;.thencd South 84030'54" East a distance of 198.80 feet thence South 8002245' East, 442.89 feel; thence leaving said South line South 00"28'13" West, 494.11 feet to a'pont; thence along a curve to the left having a radius of 450.00 feet, an arc length of 769.67 feet and thro679.22 feet thence h a central angle of a7*59'50', with a chord ourvetD the right having ngradius of 400.00 feed an�a,rc length of 196.26 feet and through a central angle of 28°06'413", with a chord bearing South 78'55'42" West, a chord distance of 194.30 feet to a point; thence North 87'00`55" West, a distance of 81.62 feet to a pont of curvature; thence along a curve to the right, having a radius of 250.00 feet, an arc distance of 188.18 feet and through a central angle of 43'0741", with a chord tiring North 65027'04" Wast, a chord distance of 183.77 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 750.00 feet, an arc distance of 575.01 feet and through a central angle of 43°55'39", with a chord bearing North 65051'03" West, a chord distance of 561.03 feet to a point; thence North 06'12'05" East 237.43 feet to a point of curvatures; thence along a curve to the left, having a radius of 200.00 feet, an are length of 98.06 feet and through a central angle of 27031'071, with a chord beorirq North 07'33'29" West, a chord distance of 95.14 feet to a point; thence Nath 21 °19'02 West, 356.05 feet to feet to the Point of Beginning. Said parcel containing 27.32 acres, more or tens. End of Description Project No. 05132 December 14, 2005 357 E. lratertower La.. - Suite F. 1100dion. ID 83642 P.208.888.1345 - F. 206.888.7354 EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT - THE TREE FARM REV ROVAL BY C / SET, MERIDIAN PUBLIC WORKS DEPT. Page 20 of 78 RSO&PAnderson Survey Group.cnmq► EXHIBrr A PARCELS ZONED CN Legal Description A parcel of land situated in the south one-half of the Northeast Quarter and in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow. Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°1739" West, 2647.23 feet to the Southeast comer of the Southeast Quarter of said Section 22; thence continuing along said South line, North 89017'09" West, 50,05 feet to the True Point Of Beginning, Thence continuing along said South line, North 89017'09" West, 1243.07 feet to a point; thence leaving said South line, North 01 °59'10" East, 343.83 feet to a point of curvature, thence along a curve to the right, having a radius of 150.00 feet, an arc distance of 221.56 feet and through a central angle of 84"37'42", wlth a chord bearing North 44018'01" East, a chord distance of 201.98 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 1000.00 feet, an arc length of 470.27 feet and through a central angle of 26"5940"; with a chord bearing North 73"08'32° East, a chord distance of 465.95 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 500.00 feet, an arc distance of 494.38 feet and through a central angle of 68"39'05", having a chord bearing North 87"59'45" East, a chord distance of 474.48 feet to a point; thence South 63"40'43" East, 311.09 feet to a point of curvature; thence along a curve to the left, having a radius of 700.00 feet, an arc distance of 383.59 feet and though a central angle of 31023'490, having a chord bearing South 16"24'45" West, a chord distance of 378.80 feet to a point; thence South 00042'51" West, 154.07 feet to a point, the Point Of Beginning. Said parcel containing 17.26 acres, more or less. End description Project No. 05132 December 14, 2005 357 E. Wotertower Ln., - Suite F, Meridian, 18 83642 P.288.888.7345 - F.288.888.7354 Rf BY MERIDIAN WORKS DEPT.IC EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT — THE TREE FARM Page 21 of 78 FIS A Anderson Survey Group.com 1111.v © HIBIT A PARCEL 6 ZONED R-15 Legal Description A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1 West of the Bolas Meridian, Ada County, Idaho, being more particularly described as follow. Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89017'39" West; 2647.23 feet to the Southeast corner of the Southeast Quarter of said Section 22; thence continuing line, North 89° 17'09" West, 1293.12 feet to the True point Of Beginnialong said South leaving continuing S g along d South line, North 89017'09" West, 992.11 feet to a point; thence le 839.93 feet and line along a curve to the right, having a radius of 2400.00 feet, an arc length Fast, a chord � a central angle point; 2hence 6", with a chord bearing North 15°42'16" of distance of 835.65 feet to a poittfi thence South 75°51'38" East, 16.37 feet to a point 94 curvature: thence along a curve to the left, having a radius of 1200.00 feet, an are length of 949.71 feet and through a central angle of 45°20'44" with a chord bearing North 81°28'00" Bast, a chord distance of 925.12 feet to a point, thence North 58047'38" Bast, 502.91 feet to a point o curvature, thence along a curve to the right, havinga radius of 550.00 feet, 701.23 feet and through a central ° ,011, with a chord arc distance of East, a chord distance of 654.69 feet tooa point; thence 48°09'218 South 84°40'52" Point of curvature; thence along a curve to the rig�k 172.87 feet to a Of 156.88 feat and through . beteg a radius of 200.00 feet, an arc length . Eat, a chord tdistancedth of 89�f� to agle of 44°56'32", with°a chard bearing South 25°441'05" of curvature; thence along a curve to tPoint, dunce South 03*12'49" 49 East, 72.76 feet to a point 322.40 feet and throe right, having a rediae of SOO.QO feet, an arc distance of through a central angle of 36 56 38' , with a long chord hearing South I5015'30" West, a chord distance of 316.84 feet to a point of reverse curvature, thence along a curve to the left, having a radius of 700.00 feet, an arc distance of 19.,78 feet and through a central angle of 1°37'09". with a chord bearing South 32°55'14" West a chard distance of 19.78 feet to a point; thence North 63°40'43" West, 311.09 feed to a point of curvature; thence along a crave to the.left, having a radius of 500.00 feet, an are length of 494.38 feet and through a central angle of 56°39'05", with a chord bearing South 87059'45" West, a chord distance of 474.48 feet to a point of reverse curvature; thence along a curve to the right having a radius of 1000.00 feet, an arc length of 470.27 feet and through a central augle of 26°5640",. with a chord bearing South 73088'32" West, a chord distance of 465.95 feet to a point of reverse curvature; thence along a curve to the Icf4 having a radios of 150.00 feet, an are length of 221.56 feet and through a central angle o gleof 84137'42", with achord beating South 44°I8'01" West, a chord distance Potet; thence South OF°of 201.96 feet 59 10" West, 343,83 feet to a Point, the point Of Beginning, Said parcel containing 34.95 acres, more of Iess. End description Project No. 05132 December 14, 2005 357 E. Yi°tnrtawer in.. Suite F. Meridian. 10 03642 il�Vl �jt)vAL P. 200.880.7345 F. 208.086.7354 r1Y t- --- �A' N MERIDIAN PUBLIC WORKS DEPT. EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT - THE TREE FARM Page 22 of 78 MSG---- inderson Survey Group.com EXHIBI r A , PARCEL 7 ZONED CC Legal Description A parcel of land situated in the Southeast Quarter of Section 21 and the Southwest Quarter of 22, Township 4 North, Range 1 Brest of the Boise Meridian, Ada Cotuaty, Idaho, bei more particularly described a4 follow Commencing at the Southeast comer of said Section 21, the True Point of Beginning; Thence along the South line ofsaid Section 21, North 89°24123" West, 868.32 feet to a Point; thence leaving said South line, North 0003429" East, 37.20 feet to a point; thence North 03'00'02" East, 346.62 feet to anoint of curvature; thence along a curve to e th right, having a radius of 800.00 feet, an arc distance of 22896 feet and through a central angle of 16'23'54", with a chord bearing North 11'11'59" East, a chord distance of 228.18 feet to a point of reverse curvature; Thence along a curve to the left, having a radius of 400.00 feet, an arc length 245.40 feet and through a central angle of 35009'0511, with a chord bearing North 0149'23" East, a chord distance of 241.57 feet to a point; thence North 1545'09" West, 115.34 feet to a point; thence North 7155124" East, 125.94 feet to a point of curvature; thence along a curve to the right, .having a radius of 750.00 feet, an are distance of 427.71 feet and through a central angle of 32012'58", with a chord bearing North 88'01'53" East, a chord distance of 416.17 feet to a point; Thence South 75051'38" Bast, 264.25 feet to a point; thence South 44' 20'00" East, 59.46 feet; thence North 00016130" East, 32.03 feet; thence South 75051'38" East, 601.78 feet; thence along a cg •ve to the let having a radials of 2400.00 feet, an we length of 839.93 feet and through a central angle of 20-03'05", with a chord bearing South 15042'16" West, a chord distance of 835.65 feet to a point on the South line of said Section 22; thence along said South line, North 89017'09" West, 361.93 feet to the Point of Beglnning. Said Parcel containing 28.45 acres, more or less. End of Description Project No. 05132 January 13, 2006 357 E. Watertawer lh_. - Salta F. Meridian. IQ 83642 P.200.886.7345 - F 2911 onn 7v;i REVI cF'P DVAL BY rs 2.. M COIC RKS DEPT, EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM Page 23 of 78 ASG d> Anderson Survey Group. com ,. EXHIBIT A PARCEL 8 ZONED R-15 Legal Description A parcel of land situated In the Southeast Quarter of Section 21, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more Particularly described as foQow: Commencing at the Southeast comer of said Section 21, thence along the South line of said Section 21, North 89°24'23" West, 868.32 feet to the True Point of Beginning; Thence continuing along said South line, North 8902631" West, 439.19 feet to a point 89°41 2thence North East, 105.05 feeeto a point of�rv7aturree�hence along to a point; thence urve to the left, having a radius of 500.00 feet, an arc distance of 155.06 feet and through a central angle of 1746'080, with a chord bearing North 8004828" East, a chord distance of 154.44 feet to a point; thence North 71"5524" East, 226.33 feet to a point; thence South 15045'09" East, 115.34 feet to a point of curvature' thence along a curve to the right, having a radius of 400.00 feet, an are length of 245.40 feet and through a central angle of 35009'05", with a long chord -bearing South 01049'23" West, a chord distance of 241.57 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 800.00 feet, an arc length of 228.96 feet and through a central angle of 16°23'54", with a chord bearing South 11011'59" West, a chord distance of 228.18 feet to a point; thence South 03"00'02" West, 346.62 feet to a point; Thence South 00°34.'29" West, 37.20 feet to the Point of Beginning. Said parcel containing 9.71 acres, more or less. End of Description Project No. 05132 December 14, 2005 357 L Notertower Ln.. Suite F. Meridion. ID 83642 REQ ROYAL P.208.888.7345 - F.288.888.7354 BY �1 '51N IG MERIDIAN ,nC)RKS oEP't- EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM Page 24 of 78 LQ dd b1 73�?IVd I .mvm aaana F Z 9 I g I , I I i J O Q M I , I ggg I I I I dd b1 73�?IVd 1 .mvm aaana F Z 9 I� m O 1 I I IR s § � I, I I g , i. I � I W2� I UU I a I � UN� s I I U Fhb I L wig I b dd U n U EXHIBIT A2 DEVELOPMENT AGREEMENT — THE TREE FARM Zoning Map of Property THE TREE FARM zomme �./r• 5 'Y�s r� r=sJ • r • /O♦ 1 R-2 U, [ r' \ 1 R--0 + R-2 I ' THE TREE FARM PMT .+ ■ LR�RISCN.-.��.-r.-r Lam.— .rr�.: 'i1a-N -W. da�Dea . ' �•-• �� • 2 0 500 r000 2000 3400 THEIMFAtM �r�BIRd� Enpirteertng ,`�/�\ �somE w mEr 1.. couPanY V "z .o[.atgrm..[ e�,w.ne som :■., AUNASW rtms)savm wuatm.3xas.n EXHIBIT A2 (ZOMING MAP OF PROPERTY) DEVELOPMENT AGREEMENT — THE. TREE FARM Page 26 of 78 0 EXHIBIT B DEVELOPMENT AGREEMENT — THE TREE FARM Owners of Property by Parcel Number MDC, LLC 4410 W. Chi Iden Blvd Meridian, ID 83642 50422315300,SO422417300,SO422244605,SO422142300 Doug and Meredith Carnahan 4410 W. Chinden Blvd. Meridian, ID 83642 50422244610 Chester Properties, LLC 7169 N. Spurwing Way Meridian, ID 83642 50422325401, R7219170210,50421417500,50422233750 Treehaven, LLC 2242 East Riverwalk Street, Suite 200 Boise, Idaho 83706 R721910100 EXHIBIT B (OWNERS OF PROPERTY BY PARCEL NUMBER DEVELOPMENT AGREEMENT — THE TREE FARM Page 27 of 78 • Cl EXHIBIT D DEVELOPMENT AGREEMENT — THE TREE FARM City Council Findings of Fact, Conclusions of Law and Decision and Order EXHIBIT D CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 29 of 78 0 RECENED JUN 2 2 2m6 Cid Qferidiatt 1 ., glexk Office o � CITE' OF MERIDIAN w6e;i , FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of :1-358S7 acres from RR (Ada County) to R-2 (Low -Density Residential)(66.02 acres), R-8 (Medium -Density Residential)(167.02 acres), R-15 (Medium High -Density Residential)(79.82 acres C -N (Neighborhood Busiaesa)(I7.26 acres) and C -C (Community Susiness)(2&45 acres) for The Tree Farm, by Treehaven, LLC. Case No(s). A7,06-004 For the City Council Hearing Date of: June 6, 2006 A. Findings of Fact 1. Hearing, Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2006. incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date. of Julie 6, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. Tice 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 Pian of the City of Meridian, which was adapted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MMUDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -06-002- PAGE I of 3 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 30 of 78 i 4. Due consideration has been given to the cominent(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 impo6e expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this. approval is subject to the Legal Description and the Amended Development Agreement Provisions listed in the attached Staff Report as amended during the hearing date of June 6, 2006 incorporated by reference. The Development -Agreement provisions are concluded to be reasonable and the applioant shall meet such requirements as a provision of annexation approval. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fast which are herein adopted, it is hereby ordered that: open space requirements, access to the adjolu m properties. internal circulation and elevations that were provided at the dune 6.2006 City Council hearbne. D. Attached: Staff Report for the hearing date of June 6, 2006 CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-002- PAGE 2 of 3 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 31 of 78 By action oftile City Council at its regular meeting held on the 27-16 clay of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY do WEERD ATTEST: VOTED VOTED VOTED. VOTED - VOTER LLIAM G. BERG, JR., 1TY 'L � W. Copy served upon: V" Applicant Planning Department Public Works Department City Attorney By ` Dated: Iy Clerk's Office CITY OF MERIDIAN FINDINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -0&-062• PAGE 3 of 3 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 32 of 78 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING [PATE OF JUNE 6, 2006 ;�• :.: STAFF REPORT Hearing Date: 616M_ 1111. `•f 1' TO: Mayor & City Council FROM: t C. Caleb Hood, {.trent Planningridixn Manager PATIO 1 Meridian Planning Department . 208-884-5533 aax.i �.Y nil SUBJECT. The Tree Faris Annexation AZ -06-004 Annexation and Zoning of 358.57 acres from RR (Ada County) to R-2 (Low- DensityResidentiai)(66.02 acres), R-8 (Medium -Density Residential)(167.02 acres), R-1 5 (Medium High -Density Residential)(79.82 acres), C -N (Neighborhood Business)(17.26 acres) and C -C (Community Business)(28.45 acres) for The Tree Farm, by Treehaven, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Trechaven, LLC, has applied for Annexation and Zoning of 358.57 acres to R-2 (Loa -Density Residential)(66.02 acres), R-8 (Medium -Density Residential)(167,02 acres), R-15 (Medium High -Density Residential)(79.82 acres), C -N (Neighborhood Business)(17.26 acres) and C -C (Community Susiness)(28.45 acres). The subject property is currently zoned RR (Rural Residential) in Ada County. The applicant has submitted a concept plan with the subject Annexation and Zoning application; the applicant is not proposing. any new land uses, development or subdivision at this time. The site is located on the north side of Chinden Boulevard, approximately % of a mile west of Black Cat Road extending east to approximately Ton Mite Road Road; This site has approximately 5,300 feet of frontage on Chinden Boulevard. This site is composed of ten parcels which are'owned by five different property owners. There its an existing wholesale nursery, three single-family homes, and several outbuildings on this site. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planting Area. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. -By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ -06-004) will be included in the Commission's recommendation to the Council. and Zoning Commission heard the Match 2 and Summary of Comrmission Public Hearing. i. In favor: Derick O'Neill, Doug Carnahan, Pete O'Neill ii. in opposition: Tuck Ewing, Sherri Ewing, Arthur Rabehl, John Ewing, Bill Gigray iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Bill Nary Key Issues of Discussion by Commission: Tiie Trce Farm Annexation — AZ -04M PAGE EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 33 of 78 I * 0 CITY OF MMDJAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006 i. Ownership of parcels near the Phyllis Canal, adjacent to the TECO One properties; and adjacent to the Rabehi out parcel; ii. Providing future public street access to the property to the north (Aldape); c. Key Commission Changes to Staff Recommendation.- i. ecommendationsi. Staff recommended approval; the Commission Recommendation is fdr denial. d. Outstanding Issues for City Council: i. Stall' recommended approval of the subject annexation application. Biased on the fact that nmkons for future Public street access to the proneciv to the north (Aldabe)'had not been resolved by the hearing date, the Commission recommended. denlal of the annexation. $ubseouent to the Commission hearing, the awh ant met with City Staff and has disc µssed a possible solution to the access issue to Wo Aldaae nropeMy Staff believes that the a Umt will went thisyrrgposal to the City Council at the June a oublic beating. 3. PROPOSED MO TION (to be considered after the public hearing} Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ - 06 -004 as presented in the Staff Report for the hearing date of June 6, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all stair applicant and public testimony, I move to deny File Number AZ -06- 004 as presented in the Staff Report for the hearing. date of June 6, 2006, for the following reasons: (you should state spec reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ - 06 -004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance:.) 4. APPLICATION AND PROPERTY FACTS a. Site Addressll ocatioa: 4410 W. Chinden Boulevard/4740 W. Chinden Boulevard; north side of Chinden Boulevard in Sections 21 and 22. Township 4 North, Range 1 West Owners.• MDG, LLC 4414 W. Chinden Boulevard Meridian, ID 83642 Doug and Meredith Carnahan 4410 W. Chinden Boulevard Meridian, ID 83642 Jo Ann Eggers Trust 7169 N. Spurwing Way Meridian, ID 83642 8c Jo Ann Eggers °must and US Bank Successor Trustee P.O. Box 64142 The Tree Farm Annautton — AZ -06-004 PAGE EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 34 of 78 10 0 CITY.OF MMUDIAN PLANNING DEPARTMENTSTAFF REPORT FOR THE HEARIYO DAT£ OF JUNE 6, 2006 St. Paul, MN 55164 Connie Avery 4740 W. Chinden Boulevard t Meridian, ID 93642 c. Applicant/Representative: DerickO'Neili d. Present Zoning: RR (Ada County) e. Present Comprehensive Plan Designation: Mixed Use —Community, Medium Density Residential, Low Density. Residential, and a Potential School Site are,all designated for this property on the ppapesed Future Land Use Map. f Description of Applicant's Request; Request for Annexation and Zoning of 358.57 acres to R-2 (Low -Density Residential)(66.02 acres), R-8 (Medium -Density Residential)(167.02 acres), R-15'(Mediunl High -Density Residentiai)(79.82 acres), C -N (Neighborhood Business)(17.26 aero) and C•C (Community Business)(20.45 acres). g. Applicant's Statement/Justification: The Tree°Farm is a 362.65 acre planned community located north of Chinden Boulevard, directly west of Spurwing Country Chub. Theptoperty is currently in Ada County and outside of the Meridian area of impact. However, it is pari of the current Comprehensive .Plan Amendment in process. Ile proposed comprehensive plan calls for medium and.low density housing as well as a neighborhood commercial and community commercial component. The applicant has met with the City of Meridian numerous times to refine a concept plan to thatch the now outlined comprehensive pian (please we Applicant's Submittal Letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 13 and 27, 2006 (for P & Z Commission hearing) and May 15 and 29, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for P & Z Commission hearing). and May 12, 2006 (for City Council hearing) d. Applicant posted notice on site by: February 20, 2006 (for P & Z Commission hearing) 6. LAND USE a. existing land Use(s): There is an existing wholesale nursery (tree farm), three homes and other outbuildings on the subject site. b. Description of Character of Surrounding Area: This area is primarily rural residential in nature. This area, especially south of Chinden, is rapidly transitioning from lural to urban. c. Adjacent Land Use and Zoning: I . North: Phyllis Canal; Rural residential; Agricultural, zoned RR and R 1 (Ada County) 2. East: One -acre lots in Spurwing Subdivision and WestWing Subdivision; zoned RR (Ada Coutiy) 3. South: Proposed Bainbridge Subdivision, zoned L -O and R -B; Several rural properties in Ada County, zoned RUT The Tree Fm To Annexation - AZ4*-O d PAGE EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 35 of 78 CITY OF M F.RIDIAN PLANNING DEPARTMENT STAFF REPORT FPR THE REAMO DATE OF JUNE 6.2006 4 - West West: Agricultural and rural residential, zoned RR (Ada County) d. History of Previous Actions: The City is currently in the process of amending its Area of City impact to include the subject area. The Comprehensive Plan Map Amendment application is on the City Council agem lit for March 7; 2006. Pty March 7. 2006 the City Council voted to ggdrove the Co=ret MWVe Plan Map Amendment which inc(grdcs inco oru mitn he ambiw area on the Future Land Use Man. e. Existing Constraints, and Opportunities: 1. Public Works: Location of sewer: This parcel currently has no sewer available to it, it is master planned to sewer to the future North Black Cat Trunk which will not be available till late 2007 or early 2008. Location of water. There is no City of Meridian water main currently available to this site. United Water and the City of Meridian are currently in negotiations that would allow United Water to provide water service to this site. Issues or concerns: Sewer will not be available til l late 2007 to early 2008. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: NIA 4. Canals/Ditches Irrigation: Any irrigation ditches, laterals and canals (not Phyllis) that cross this property should be tiled when this property develops. 5. 1lazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-2, R-8, R-15, C -N and C -C 7. 'Size of Property: 358.57 acres £ Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subjcetannexation apptication. Staff recommends that the City enter into a Development Agreement (AA) with the subject property owners. Such agreement should include the provisions in Section 10; Analysis, below. g. Landscaping: 1. Width of street buffet(s): Per City Code (UDC 11-2A) and the Comprehetsive Plan, a 35 -foot wide landscape street buffer is required adjacent to Chinden Boulevard, an entryway corridor. Per the UDC a 25 -foot wide street buffer is required adjacent to all arterial streets; a 20 -foot wide street buffer is required adjacent to collector streets; and, a 10 -foot wide buffer is required adjacent to all commercial streem When this property develops, the City should require full compliance with the street buffer requirements of the UDC. 2. Width of lruffer(s) between land uses: Per City Code (UDC Table 11-28-3) a 25 - foot wide landscape buffer is required between commercially zoned properties and residential use zones. When this property develops, the City should require full compliance with the land use buffer requirements of the UDC. h. Required Commercial Standards: C -N and C -C Setbacks Proposed Required Landscape (Local/Commercial) N/A 10, The Tree Farm Annexation — AZ -06.004 PAGE4 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 36 of 78 CITY OF MERIDIAN PLANNING DVPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6,2M Entryway Road (Chinden) N/A_ 35' Collector Street N/A 20' Maximum Building Height NIA 65' i. Reiluired Residential Standards: R-2 Setbacks Proposed Required Front/Str,w Side Living Area N/A 20, Side Accessed Garage N/A 20' Front Accessed Garage N/A 20' Interior Side. N/A 7.5' Per story Rear N/A 15' Frontage N/A SO' Lot Size NLA 12,000 square feet R-6 Setbacks Proposed Required F'rontlStreet Side Living Area N/A 15' Side Accessed Garage NFA 15' Front Accessed Garage N/A 20' Interior Side NIA 4' Rear N/A 12' Frontage NIA 50' Lot Size N/A 5,000 square feet R-15 Setbacks Proposed Required Front/Street Side Living Area N/A 10, Side Accessed Garage N/A 15' Front Accessed Garage N/A 20' interior Side N/A 4' Rear N/A 12' Frontage N/A 0' Loc Size N/A 2,400 Square feet a. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not Proposing to develop/Plat this property at this time. There should be future east -west and north -south collectorlarterial roadways constructed within the boundaries o€t'his site which would connect Chinden Boulevard and Black Cat Road over the Rim. 7. COMMENTS MEETING The Tree Farm Annexation — AZ -064M PAGE S EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 37 of 78 CITY OF MIERUDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006 On February 10, 2000 a. joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Dopm nsent, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. The Meridian Fire Department and the Meridian Patios Department were the only departments or agencies to provide comments. These comments are "standard" and have not been included as conditions of annexation. Once a development plan(s) is submitted staff will provide the applicant with specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use - Community", "Medium Density Residential" and "Low Density Residential" an the proposed Comprehensive Pian Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use – Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square fed of non-residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre, while low density residential areas are anticipated to contain up to three dwellings per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in Italics below policy); • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans .to przrvide.municipal services to the lands proposed to be annexed in thefoltowingmanner. • Sanitary sewer and water service will be extended to the project at the developer's expense. • The -Vect Irmds.currendy fie within the jurisdiction of the Meridian Rural Fire District, lance annexed the lands will be under de jurisdiction of the Meridian City Fire Depar finent, wire currently shares resource and personnel with Ae Meridian Rural Fire Department • The subject lands currently lie within thejurirdiction of the Ada County Sherifs Ojjice. Once annexed the lands will be serviced by the Meridian Police Department (714PD). • The roadways adjacent to the subject lands are currently owned and maintained by the Aida County IBghway District (ACRD). This service will not change • The subject lands are currently serviced by the M-dridtan School District #2. 77nis 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 annexations. Municipal, fee•supported. services will be provided by the Meridian tOuildYngg Department, the Meridian Public Works Department, the Meridian Dater Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian utility Billing Services and Sanitary Services Company. The Tree Farm Annamien - Ai -06-M PAGE EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 38 of 78 MY OF MERIDIAN PLANNING DEPARTMEW STAFF REFORTFOR 7ilE ImARmo DATE OF JUNE 6,20W • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing residential zones adjacent to the existing residential and agricultural properties to the north, east and west (all zoned RR or RI in Ada County). Both parcels proposed for commercial zoning are internal to the development The, applicant it proposing commercial zoning adjacent to proposed residenti'ial zoning distttats. However, the unpacts to the proposetflftaure resietetttiat properties by the commercial properties curl be limited .through the construction of roadi$Wj, land ttse buffers; fencing, and design of the future subdivision: When development applications are sribimttedfor this site, Mgwrit fully evailuate the compalibility of the proposed land uses, • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable tot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VU, Goal I, objective D. Action 8) Staff recognizes that there are some existing low density residential land uses near this property. Staff believes that the locations of the proposed R -.i. R-8 and R-15 zoning designations are generally appropriate as the larder lots will primarily be on the north side of the development, and the higher densitj, will be nearer Chinden Boulevard, a major arterial street. However, lite applicant is proposing an R-15 zone adjacent to West Meng Estates, a proposed Low density area on the Future land Use Map. ro Provide a .transition veep). lfamended asproposed by.ylaff, tiroproposed ioningshould efeetiv* pmWdd'e lire transition between the agiocent rural parcels and the proposed urban develppment-Staff recommends that the Commission and Council rety on any wr aen or venial W,11mony provided from neighbour when determining lite most.appropt ala zoning designation for this property. `Permit new. ..commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City:" (Chapter N, Goal 1, Objective A, Action 6) This development is currently not serviceable by the City of MMdian's sanitary sewer system. Sewer service for this development will be via the ffttre N rth B1ack Cat lift station. Ffthis development 1s approve, 4 it shall be subject to the Worth Black Cat sewer system being available. City of Meridian nwitla pal emter is currently not available to this site. Ae City of A,eridian and United Water are currently in negotiations that would allow United Water to provide water service to this parcel. Solid waste and other services can IV provided to this property. "Locate new community commercial areas on arterials.. mear residential areas in such away as to complement with adjoining residential areas." (Chapter V11, Goal III, Objective D, Action 3) Chinden Boulevard is a designated arterial roadway,. &atfff?nds that the proposed Catiununio+ commercial zoning and future commercial uses on this property should contptement the nearby residentatland uses. The Tree Farm Annexation — AZ -06-004 PAGE EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 39 of 78 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006 • "Plan for a variety of commercial and retail opportunities within the Impact Area," (Chapter VII, Goal 1, Objective B) Ajap vimotely 45 acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses and designates the commercially toned properties as mixed use commercial. The existing tree farm that is to remain, and the future commercial and retail sites, add to the variety of non-residential uses within the City's Area of Impact. Staff's supportive of the proposed cornmercittlzoning. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) On the submitted concept plan, the applicant is conceptually proposing a mid --mile access to Chinden Boulevard, and extending Black Cat Road to the north across Chinden Boulevard A third access to Chinden Boulevard, located a few hundred feet from the Black Cat Road eatensior, is shown on the Concept Plan. Concepttur/ access points to Black Cat Road are also proposed. No other access points toerom Black Cat Road or Chinden Boulevard are conceptually proposed to/from this properly. When this properiy 4evelops, staff recommends that access to this site be primarily provided by the. future internal roadwtaytdriveway syst4M and not Chinden Boulevard and Black Cat Road. S?eis generally supportive of toe proceed access points to Chindetr Boulevard and Black Ctr Road. as shown on the submitted concept Plan, with the exception of the proposed driveway access point to the Community Commercial area front Chinden Boulevard. &aff reaotnnwitds that access restrictions to Aaeeem wt. Staff further recommends dial the access points to Black Cat ./toad he and restricted when this property develops. • Review new development for appropriate opportunities to connect tolocal roads and eolleators in adjacent developments. (Chapter VI, Goal 11, Objective A, Action 13) Currently there are no opportunities to connect to existing roads in a4acent developments. Staff" believes !fret when the roadwaytdriveway system in The Free Farm is constnicied, this parcel should provide access to the parcel to the cast (Kenkel 23.$ acres), west (McMullen property. Owyhee Mountain Pentut es pr aperoy and Schwenkfelder property), and north (TECO One property and Orme property). Please see Analysis below. • "Require appropriate landscape and buffers along_ transportation corridors (setback vegetation, low was, berms; etc.)." (Chapter VII, Goat IV, Objective )5, Action item 4) As depieW on the Comprehenslve Platz Future Land Use Map, the applicant should be required to construct a 35 foot wide landscape berm with dense vegetation along Chinden Boulevard, when this site.develops. The applicant should also be required to construct a 25- footwide landscape'bz fifer along the future Black Cat Road The entire brfershould lie outside the ultimate right-of-way "On-strect bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -S) All inure collector streets should contain bikeways. The Trcc Firm Annmttawn - AZ -0600 PAGES EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 40 of 78 n U • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF JUNE 6, 2006 Staff also finds the following 2002 Comprehensive Flan text policies to be applicable to this application: • "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with: ACRD to minimize access points on arterial ... roadways as development app1iGa06ns.arerehewed." (Chapter V1, page 72) • "Develop methods, such as crass -access agreements, frontage roads, to reduce tete number of existing ace= points on to arterial streets." (Chapter Vl, page 79) Staff finds that the proposed R-2, R-8 R-15, C:N and GC zoning designation are generally harmonious with and in accordance with the Comprehensive plan (please see.+lrralysis below). Staff recommends that the Commission and Council rely on any vernal or written testimony that may be provided at the public hearing when determining if the applicant's proposed zoning amendment request is appropriate far this property. 9. UNYFIED DEVELOPMRNT CODE a. Allowed Uses: UDC Table 11-213-2 lists the permitted, accessory, and .conditional uses in the C -N acid C -C zoning districts, landscape Aurseriesltrce farms are conditionally allowed in the C -N zone. There is an existing nursery on this site, which the applicant is proposing to retain (see Analysis below). UDC Table I 1 2A-2 lists pemutted, accessory, and conditional uses in the R-.2, R-8 and R-15 zoning districts. Except for the existing tree faint (nursery), all future development on this site should comply with the allowed uses tables of the UDC. b. Purpose Statement of Zones: The putposeof the residential districts is to provide for a Natige of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian waterand sewer systems is a requirement for all residential districts. Residential districts ate distinguished by allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The purpose of the Commercial Districts is; to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the digtrict, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANiALY4YS a. Analysis of Facts Leading to Staff Recommendation: 1. AL Application: Based on the policies and goals contained in the Comprehensive Plan, and the development surrounding the subject site, staff believes that the requested R-2, R-8, R-15, C -N and C -C zones are appropriate for this property. Please see Exhibit C for detailed analysis of the required facts and findings. mal Descriptions: The annexation legal description submitted with theapplication (stamped on January 13, 2006 by Gordon N. Anderson, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. There is some confusion over who owns, or Us a right to, some property in this area. According to the Ada County Assessor, MDC, LLC, one of the: subject property owners, owns additional property around property owned by TECO ONE. LLC (see Exhibit D), This property hes not been included within the subject annexation inquest. The owners of the TECO ONE property and the Aldape property further to the north, The Tree Farm Ameention - AZ -0&004 PAGE 9 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 41 of 78 CITY OF MFMDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JtlNE 6, 20Mi - Have expressed concern over this area. It appears that the most practical location fora fixture public street over the rim is where the existing Basco I.ane is constructed. The adjacent property owners have concern over getting a roadway over the Phyllis Garai and down to the Atdape property, especially if MDC, LLC owns that property and does not make any provisions fora future roadway in this.location. Staff: does not believe that the subject applicant should be required to construct a street to the Aldape property where the current Basco Lane racists, •but staff also has concerns with allowing MDC. LLC to own this property (if in fact they do) without making some provision that allows this area to became a public roadway in the future. to mommends that the armieant at the mh is ben inn, address this concern and clarify ownershiis of this area If areas�Qt 'included war in the su 'e am+alLuon application arc owned by MDC, LLC. that land should be included as pmt,_ of the subject annexation application. Staff recommends that the Commission find that"is !1aue•: has been adeouaieiy addressed by the applicant prior to making_a favorable recommendation to the City Council The applicant has provided staff with a map (see Exhibit E) and a letter (see Attachment #3, from the letter dated March 24, 2006) that explains that Treehaven and MDC will include Parcels 1, 2, 3, & 5 in the annexation request, as parties associated with the applicant own these parcels. However, it is still unclear who owns Parcel 4, which is basically the southern part of Basco Lane that bisects the two TECO ONE parcels. Please see the "Basco Latter special consideration below. As mentioned in Section 8 above, staff has some concerns over the proposed R-15 zoning adjacent to the existing West'Wing Estates Subdivision. The proposed Comprehensive- Plan Future Land Tose Map anticipates that WestWing Estates will redevelop with low density residential uses. To allow the residential densities in this area to transition effectively, staff recomm®nds that a portion of the 35.16 acres ,proposed for R-15 zoning adjacent to WeetWing Estates be toned to R-8. JU gpnlimA Shall r>MA40 Anew legal �dwriotion t crate khat routs a o ,�s at least 13 -feet ���� ,t�� S adiac W to western t+nu u9�ry of WestWing Estates The revised lea4 descriRtions for the R-8 and R-15 zones sball be submitted at least 10 days prior to the City Council hearing Conte tg,_PIM The applicant has submitted a concept plan with the subject annexation request (See Exhibit Q. Staff is generally supportive of tho.proposed land uses on the concept plan and the general roadway layout. Although the City is not specifically approving this plan for development, the specific concepts and proposed land uses, should be included within a Development Agreement (DA) for this property. NOTE - There is a 3.8 acre parcel, just west of the proposed Slack Cat Road extension, thatis awned by the Rahbels and not a part of the subject Annexation request. This 3.8 acre parcel is not currently subject to annexation, or the land, uses proposed with the submitted Concept Plan. .,Access. On the submitted concept plan, the applicant is showing the extension of Black Cat Road across Chinden Boulevard, and to the north property line. Staff is supportive of this access to Chinden Boulevard. The applicant is proposing a second access to Chiudett Boulevard located halfway between Black Cat Road and Ten Mile Road. If this access is constructed as a public street and aligns with the public street approved in Bainbridge Subdivision to the south, staff is supportive of this access to Chinden Boulevard. The applicant is proposing a third access to Chinden Boulevard, located a few hundred feet west of the proposed Black Cat Road extension. Staff is not The Tree Form Aurmadcm - AZ -06-004 PAGE 1p EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 42 of 78 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I HARING DATE OF JUNE 6,20% supportive of this commercial access. -As part of the AA for this nroperty taf recommends that aceessto this site fromChindca Boulevard be restricted to pion lines and at the halfmile between sections as reratilred by I= 11 311 4B2b. Furiher, staff recommonds that the two access points to this site from Chinden Boulevard be constructed as public streets and align with the existing or previously approved public streets on the south side of Chinden Boulevard. Black Cat Road is designated as a minor arterial. Access to Black Cat Road will be evaluated and approved by the City and ACHD when this property develops. Spurwing Way; Although .staff does not recommend making it a part of the DA, staff recommends that the applicant work with Spurwing Subdivision to the east to somehow provide secondary/emergency access to Spurwing Way, If an emergency connection can be made between the subject site aW Spurwing Way, staff believes that this will be of great, benefit to the emergency service providers in this area. Stub Streets: 'There are several under.devcloped parcels adjacent to,. and surrounded by, the subject property. As art of the DA for this piwcrw stWo=mmends that tho subl A 0=%1y 2M)d&roublte street itcoa44 to th,, parcels to ftwt (Henke1,p arcxl No R9323M— IM west (MrMatlen. Parcel No-W-21438700,S)WYge oun W Venalres Parcel Na SO42134660 and Schcyenkfelder 1'a*t No 50421428100) earth (TFXO ONB Parcel Nos SQ422427%0 and S"22244700 and Orme Parcel SO421417200) and the enclave parcel (Rabehl Parcel too SO421449000). When this property develops, staff may recommend that additional stub streets be provided to adjacent parcels. Basco Lane: Basco Lane is a private lane that currently provides access to several Properties in this area. Basco Lane currently intersects Chinden Boulevard approximately ! of a mile west of Ten Mile Road and continues north across the Phyllis Canal. Access to the TECO ONE, LLC .properties as well as the Aldape properties is currently provided from Pasco Lane. It is unclear to staff who has an interest in this lane and who does not. A majority, if not all of Masco Lane from Chinden Boulevard to the Phyllis Canal is owned by MDC, LLC. City Staff has contacted the Ada County Assessors Office and Melanie, Ada County Staff, has confirmed that taxes for Parcels 3 and 4 are being sent to 4410 W. Chinden Boulevard, MDC's office. When the subject property develops, the BascoLane access to Chinden Boulevard should be abandoned. As mentioned at the previous public heating, staff has concerns Over an existing restriction easement over Basco Lane. 1n 2001 a restriction was recorded that limits any expansion of Basco Lane. Said restrictionstates that MDC agrees to not develop a public road on the property that will aces the property to the north of the Phyllis Canal (Aldape) without the express written consent of Anderson and. Thomas. As of the print deadline for this report, staff has not seen any written consent from either the Anderson or the Thomas party. Staff would like the applicant to clarify how this recorded easement will he terminated, as to not prohibit a future public road from being constructed generally where the existing Basco Lane is. Rather than using Basco Lane,:Treehaven intends to provide access to the TECO ONE parcel via a collector road stub on the south tide of the TECO parcel, in the general area of the existing Basco Lane (near or at Parcel 4). To remove any impediments that may he in Treehhaven's control afficeting acoeas to the Aldape property; Treehaven has The Tree Farnt Anueration - AZ -06-004 PAGE 1 I EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 43 of 78 0 CI'T'Y Or MERtDiAN PLANNING PEPAPTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE b, 2008 Proposed to dedicate to ACRD any portion of Parcel 3 necessary for a public road, once a pubic road is designed and approved through the gulch .(north from the proposed TECO stub). Further, Treehaven is willing to quit claim any right, title, or interest they may have -in Parcel 4 to TECO. Aside from the question of who owns Parcel 4, there does not seem to be an agreement between Treehaven and TECO about who should actually construct the collector road between the south side of the TECO parcel and the south side of the Phyliss Canal. Treehaven believes that their proposal to give TECO, through ACHD, enough property for a collector street, is their fair portion. Staff is not sure what is equitable in this case. It appears now that Treehaven does own property between TECO and Aldape. This means that the TECO parcels do not touch the Aldepe property, Trechaven does. However, it also appears that Treehaven does not have enough property to actually construct a collector roadway through their property to the south side of the Phyliss, To remedy this, "PECO has stated to staff that they would be willing to give.Treehaven enough property for a collector right-of-way, as long as Treehaven constructs the collector to the Phyliss. Then there is the qugstion of who is responsible for construction of the bridge across the Phyliss Canal. Historically, half of a bridge cost. is received €re t each adjacent property owner. Staff does recommend that one, and only one, public street stub from the south be provided to the AM" property. This recommendation is based an the 6fffmculty of grade and costs associated wth a second street, which is not necessary for the Aldape property to develop. Staff recommends that the Comirassion rely on all public testimony when determining what Is a fair and equitable solution to the public street access question. Please see Development Agreement provisions MI and #12 below, Iixtstbttg-UJses. There is an existing wholesale.nurscry (tree farm) and three single- family homes on this site. The tree farm, and one of the existing homes, is currently talons access to Chinden Boulevard. The existing single-family homes are principally permitted uses in the proposed zoning districts. Nurseries, or urban Faros, however, require Conditional Use Permit approval in the proposed C -N zone. Because the nursery currently ex+as staff mamarneads that the tree farm be allowed to coutinue operating as is withrtut CUP ,ggltroval, However, tutor to the City End aiimiure on the first final plat om th_e Mb e&j property,rt,P ntrrSer!' houid be reouired to obtain a Certificate of 7Esning p�igtu fCzCj p it and hriva_ the site into cmlian_ ice with all UDC standards These.standards include; but are not lim#ted to: parking and drive aisle improvements; landscaping improvements, taking access from Chinden Boulevard at the %r mile locatlon; and compliance with sign regulations. Staff recommends this provision be included as part of the DA for this site. UDC 11 -5B -3D2 and Idaho Code § 65-671IA provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed to a fashion that is consistent with the comprehensive plan designations and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) tat the time of annexation ordinance adoption), and the developer. Theaplieant shall contact the City Attorney Bill Nary ak -4433 to initiateg6is orsmcess Staff recommends that The Tme Fam Anno inion - AZ -08904 PAM 12 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 44 of 78 0 i CITY OF AMMAN PLANNING DEPARTMENT. STAFF WORT FOR THE HEARING BATE of It1NE 6, 2ow the Commission and Council direct the City's Legal Department to draft a development almment for The Tree Farm as follows-, L That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Pmt. property or the general welfare by reason of excessive production of traffic, noise, smoke. f=cs, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA. J. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on :this site shall conform to the District Regulations and Allowed uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension, that are customary with City policies. 6. Sewer service to this property shalt be via gravity means to the North Black Cat Trunk The City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. No interim or temporary lits stations shall be allowed. 7. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape inigation. 8. That prior to issuance of any building Permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 9. That when a final plat records on this property, no direct lot access to Chinden Boulevard will be allowed on this site; that when this property develops, the Basco lane aoms to Chinden. Boulevard will be abandoned; that access to this site from Chinden Boulevard will be restricted to the section line roads and half mile between sections only; that the two future. access .point to this site from Chinden Boulevard be constructed as public strects that align with the existing or approved public streets on the south side Of Cltinden Boulevard; and that said public streets be constructed in aeeordance with the adopted North Meridian Auto Circulation Map of the Comprehensive Plan. 10. That at such time as plats and uses are proposed, access to, Black Cat Road extended shall be subject to approval by the City and the Transportation Authority, I I. That when this property develops adjacent to one of the parcels listed below, the applicant agrees to.provide.public street access to the east (14enkel, Parcel No. 89323930190), west (McMullen, Parcel No. 8042I438700, Owyhee Mountain Ventures, ,Parcel No. $042134660, and SohwenkfeIder, Parcel No. S0421428100). north (TFCC ONE Parcel Nos. Sb4422427960 and SO422244700 and Ohne, Parcel 504214112M), and the enclave parcel (Rabehl, Parcel No, SO42I449000). The exact location of the public stub streets) to the TECO ONE.. parcels shall be determined by the City and the Transportation Authority with the preliminary plat(s) that abut the TECO The Tree Farm Ann"adan - AZ -06-M PAGE 13 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 45 of 78 0 CITY OF MERIDIAN PLANNING, DEPARTMENT STAFF REP6RT PoR THE HEARING DATE OF JUNE 6.2M ONE Parcels. Once a public road is designed and approved through the gulch (generally 'where the existing Basco Lane is), MDC agrees to dedicate to ACHD any additional portion of property ACHD deems necessary in Parcels 1-3, as shown in Exhibit E, to allow for and to be Incorporated into a public right-of-way down to the Phyllis CanaL 12. That additional stub streets to adjacent properties may be required as part of Preliminary plat approval, except to the north. However, if the current Basco Lane can not be used as a public street to cross the Phyliss Canal (see Provision 11 above), the City may require one additional stub from this property to the north (Aldape property, Parcel #SO422212513), at the western boundary of the western TECO ONE parcel. The exact location and equitable portion (including right-of-way and construction) of the subject potential public street shall be determined by the Transportation Authority. 13. That the existing tree fartn (nursery) and existing single -fancily homes on this site be allowed to continue > their, current uses; that prior to issuance of the first building permit on the subject property, the nursery should bo required to obtain a Certificate of Zoning Compliance (czc) permit and bring the site into compliance with all UDC standards; and that these standards include, but are not limited to: parking and drive aisle inVovemews, landscaping improvements, taking access from Chinden Boulevard at the % mule location, and compliance with sign regulations. NOTE: If any existing, structures encroach into any f4turc required landscape buffer, they may be allowed to remain with Alternative Compliance approval 14. That all landscape street buffers and land use buffets will be constructed in accordance with the UDC provisions in effect at the time of development. 15. That all contiguous property currently owned by MDC, LLC is part of the subject annexation application, including Parcels 1, 2,. 3, & 5 as shown in Exhibit E. That a new legal description, that incorporates the above -listed parcels, shah be submitted to the Planning Department prior to the next public hearing. 16. That Treehaven/MDC and all related entities shall quit claim any right, title, or interest they may have in Parcel 4 of Exhibit E to TECO ONE, I L EXHIBITS A. Legal Descriptions B. Required Findings from Unified Development Code The Trw farm Annexation - AZ -06-004 PAGE 14 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 46 of 78 0 0 CITY OF MERIDIAN PLANNING DEPAR'1 IENTSTAFF REPORT FOR TJiE WEARING DATE OF JUNE 6, 2006 C. Concept Plan D. Ada County Assessor's Ownership Map E. Updated Ownership Map The Tree Farm Annozmion — AZ -06.M PAGE 15 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 47 of 78 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF FEBRt1ARY 2, 200Ci Exhibit A - Legat Desetiptions EXHISITA RS ANNI!Xom Anttersun Survey G"Oucemb A parcel of band Quated A Section V. Tomahip 4 North, Range 1 Wert of the 9dae Meridian, Ada County, Idaho, b -f-9 eche W t *,14Y described as f.#Qvf: Chxntnancitg at the Soutteaat carrier of said Satairon 22, said iNMarked by an aluminum exp, thence a" the Bouch Una of said Section 22North 89-1T39Wes, 1293.81 feet to fie Tate Point of BegtMrr� cath Section 22, Noa 139°17'39' West a ft*,g storw South Lite of sat* 8o°1709' Waste d steers or 1847.76 fest m �m� :82 feet: thence contk.Wo North 28: !bents afarrg the South line of said S tctnhnon to Seetons 21. 22, 27 and 1307.51 teat; thence fee ' North 0 1 North 89 as 46' West a pAtance or vmg sail South lino Borth Ott"22 517 East a dajwgistanSoldce of 2039.08 feet IQ a (mint on the South bank of the phyel, Canso Th npe South oar�k the roff"* 9 (9) csuf*ss acrd disiancss: North 8W3TSW East a dtst North ti0°4fl'00" East a distance of 951.83 feat; tactic- South 00031U* (Nesta distance of 69.65 feat the OO Notch 08°48'04.` East a !$stance of 05i.f8 !set; thence Horth 78,37,7 2. East a dtatarca of 745.64 feet thence South 00°1#5534• Wesfa *write of 6.9it feel: thence North 78"27'21" East a distancs of 245.06 feet; thence. South 04°x'54" East a atatance of 198.00 reef: Brava* South SM2'4V East, 4+42.89 rest thence toaahV saki South tine South 00126'13" West a distance of 494.11 feet thatco South 89°30.02' E09 a *teratic- of 777:84 fast to a point being (%4w" Measured at e.OW angles to) 330.00 AW distant titan the Westerly lira of the Southeast Quarter or said Ssotat 22; Hence atang a fins baing_p"IW with and 330.00 feet distant Prom Said Wes" 04.tine. Putti 40°3tt'03 East a hfietanot of 1;5 teat; th®rroa South x 438 East a distance of 98.97 feat. thalce South"04 26",x' West, 00.50 feet thence South 86.3117r East a diatar" of 189 70 teak tit ka Stiouh ' . 47.28'09• East o dtsterme of 249.32 feet ihWA* Nofti 00"28'21` East a of 481:.60 feet W a Point on the Muth bards of the Pttyllfs Canal than as fataWlr g four (4) courses.end distances: South 89`2559' 6ae!- ftatdt:.ttc . thence Norio 8$`28'2x" East a diateni>a of 330.V tear � Of 230+01 i distance of 4+37.78 fit fiance North 79°58'!17` East a dta tett, 73"44Y � a the East I4te sold Seoton 23: tlterwm lam of 931.30 (apt bt a pgin -an distance of 400.03 feat to the EAst g 4 ' 3 °28W" West a Marked by a bran cap: 0"Ce cw fin mrtW of +tali °tlaton,22, +gid t?akW b ft distance of 1317.57 feet to a paint iiia ace® !±est Soettr 100 c70 6[ West a North 89°18.34" Wirt a distance of 1291.77 teat 16 q-pQini me e4 w$tt x 5/8" mfr, patehtr . south 00`25'06° Wast a afstadee of 1318.91 feat tb'fita Pbftit of c..r...:t..» EXCEPTiNO THEFtUROM a parrs! cortmtanc[n (n the" Sot - said point bakV marked by an akxnirn aag tthernte ido[Ih 914.83 foal b the Tnta Point of Begfnntng; thanes North d 1$7,71 feat tiemte Notch 60°28'30^ West it distance of 138:62 West a distance of 187.58 f®et thence South 81120ty we, then North 00°33'30• Eant a dfalanee of 245.48 feat tial distance of 103.70 feet thence North 57°23'00' East a o4tance 86°3$'00` East a distance of 357.39 feet (tonearly North 8R°32'; feat): "me South 00.75" West a distance of 493.93 fest to Anr-cation Pasch conta4is.368.57 arses, more or Was. M SPA Ok .tAN 17 20m SSY t. 4fetenosar to.. torte W 3642 P tBB.HBH. JttS ?v4 asa i;+;? > atbibit A - Page I EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT - THE TREE FARM Page 48 of 78 CITY OF Mi RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAPING DATE OF MARCH 2, 2006 Rs!�ondersa® Survey G EXHl81TA PARCELI ZONED R -1S Legal Description A n9a I of land situated In the South halt of Section 22, Toivttstrlp 4 North, d described 1 West it tate Boise Meridian, ,Ada County. Idaho, being more particularly described as fotiowr. Commencing at the SoW08st corner of said Section 22, said point being marked by an aluminum cap. thence along the South line of said Section 22 North 89°17'39' West, 1293.81 feat to the True Pant Of Beginning Thence continuing along sold South tine, North 89°17'39' West. 1353.62 feet the Southeast comer of the Southeast Quartet of said Section 22; thence continuing song said South one. North 8911709• West 50.05 feet to a point 8 once leaving said South line, North 00"42'61 ` East, 164.07 feet to point: thence along a curve to the right have a radius of 700.00 feet, an are length of 403.37 feel and through a central angle of 3f °00'58', with a chord bearing of North 1711320" East, a chord distance of 397.81 Net to a point of reverse curvature; thence along a clave to the left having a radius of Soots fast, an arc tength of 292.41 feet, through a central angle of 33'30'28°, with a chord bearing North 16'68'36' Earl, a chord distance of 288.28 TW to a P01114 !heave North 88068'29" East,143.11 feet to a point of curvature; thence along a curve to the left, having a ;;dire of 466.00 feet, an arc length of 614.04 teal, through a central angle of 66°28`58", with a chord bearing Noah 54°16`00" East, a chord distance of 486,84 feat to a point of reverse curvature; thence along a curve to the right; having a radius of 800.00 feet, an are distance of 545;80 feet, M ouch a central argyle of 39'04`33", with a chord bearing North 41 °04'481 East a efj6fd distance of 536.00 feat to a Point; theme North 60°37'04 E„9sL 178.0; (W to a point; theme South 291224M EaSI, 33546 feet to a point thence South 00125'fI6' Wast, 1316.01 feet to a point, the Point Of Beginning. SOW Pafcel containing 38.16 acres more of less. End description R01001 No. 05132 December 14, 2005 4 tVb 0 e� 73t4 Jim rrr t VOWN—et tn_ • Suite L 11WAee ID DS642 P 248.898110'. • ••: Ulibft A - Pugs 2 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 49 of 78 C" OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING (SATE OF MARCH 2,20W Rs Audelson sulvoy Group.�o EXHIBIT A PARCEL 2 ZONED R•2 Legal Description Marled ' Acta land situated $6001,22. Townsh4i A North« Range 1 West of'Ote Sots,g more particutatlp described as fouoty: al=menetng et the Southeast corder of said Ssopora a2 said point ba' marked by an atumintsaa coat thence siong the South Gm of takf 2Z, North 89, Mark VW n distance of 1293.61 IW.' thence North W� ;IsIIIW East a dlslanoa; of f316.97 feet to tits True Point Of BegirucI li: Thence North 20°22'66' West a distance of 338.66 facts thence North 00°37'0' East a clistarm radius of 80 00 feat, 4 feetan Wda-40' thence aktng a cum to the tai haying a 57°60'47',writla a ctrord length 6f 88 teat and Uucugh a central angle of of revar3e crave: lftertcabg® North 3f "A1 ft' Lasa a dlstattee of 2!)0.18 fdet to a point long a curve to the right having a. radius of 600.06 rest, an ft length of 335,83 feet and through a rentret amts of 36°2719, Vitt a chord heeyfg 110101 22"00'06" East a dfslarios of 329.37 feel, thence North 4f" 13'56' Et a distance Oaf 617.00 feet to a pokit of slava: thence along a curve to the Is" having a radius of 200.0.Ot34f_a_ctt,, anarc � length of 1182..76 feet OW Brough a cantralartgie of 62°217.6', wItha �rd I�UI 7 W1 Y. EOst a distance 0(179.A7 f4m- A- Arw.l6 �.nw�..i... ConiahNng 38.70 acres, more or less. Era! of0.0 tion PPrOsctmbor 14,_-132 sce 7314 .''N L Wvertovet to . Some a-Haddt— 14 tSW P tat 911//345 . - Exhibit A - Page 3 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 50 of 78 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF DEPORT FOR THE HEARING DATE OF MARCH 2; 2006 OGC"C3U111TA R dndelsun Su►vaqGreup.rolp Page I of 1 PARCEL) ZONED 9.9 A parcel of lead situated to )re Vat 22: rQV nshlp 4 Noris, Range I West of rte [lois4 (altaidfan Ada (btmty, ld iter hauR m we i+artiat3larly Aaarribed as psl Ran ComraCsteinp, nt the Santheass tomer of sa(rl Sact+m 22,• Ihunce atong am South liar ht' said Seam, South A4"1T99"ttestadistauaof 1193.f1 Putt: theOw Gor of ria a�htgSUtgh I.irts of Mid Section 22 loath R9¢I7'39" tV-1 a dfs- or 1313.62 Pcel to a pfilal: Ilaaee e4nihiltlth! Narlh S9'lYOg" W eat a diatmwe of M47.10 feel !o Qts cutmx e,enmoa to sg a30 28; fleece along the snarl line of said Sec/h10 2t Narlh i9'2f'46" lS rep di 1 Z2. of I 907.91 rzaC lhenoe kapfng said Soa(i lima Nati 0&22'St}•• 1!3st a dhome ah M.78 tact to the TRUE Pt11NT"DEMNING; Thence Nur4l 00022146" H- a di oma of 1170.29 fair !a a polo on the South bank of the Phylts Count Thence attnng said Sowh flank tho fottowing (9) vwxfts and J(slancea, North 80'33'30" Fast a dfstauctt of494.23 ret; them,.N th ? x°40 4(s" Faha a Jisterheo M q.; 1.g$ fee: hence Sottth +x'31 `t�^ Weat.o dldarttc of 65 69,63 feet; thcrtcc NohYl GS°46'oa" faf a Jialance of Point f fax: urate Nah�l ?y°31'32" Fast 87 f3 tw; th m" Routh 21' l9'u2" lis% 356.03 font to a r of darvtuw 9 thence along a cunle tv dhc right. having a radius of 2M.00 red. an arc 1-41h of %06 fee and through a a=,,A angk or 27°31'07', with a chard Scaring Saadi fccl 29" fast, a chord dislarxe Of 95 14 lett rn u,paiat; thenen tomth 06°12'01" Wont, }37.43 feel to a point; trentt along a cga'vo to (le light, having a ram of 75O.6t1(w..an two distance of $?5.01 foot and 1 hroagh a central ankle of d3^1S"35t ; r�3tlt a chord hamriisg Saul aS?g Eaaf a chmJ dtaiahheo of 161;03 foo, to �a paint Of rovew utlrva . thence, along a cumv to the tell. having a radius of 21404 � an urc lEisuulee 4aP188.t8 leer and 3'O?'4 3 ", with a chard btia8 South 65 27'04" P �t8h a central anilfe of thence Santh &?°00`93" ('ash, 81A2 iced. to a a t3mrrt illataaea of 183.77 A to a P6iot having a radius of 4W 0(i fan art c t}psmnoe of [cunalure: Otence thong a curve to fro rep 18°46'46", vinh a chard bearing North 78111'42" 96.26 feet eud through n ecatrat aa8ta of thence along a.cwva to the rlglt tray o ehor i diatanca of 194.30 reel to a pagA 97"59'50^ , arrtd a dhad a rediae , 0.0 ! tee! and lhta�h a central of F,rtsl, 77).64 Cent to a ht g Nor(h tlt°30'O3".4st. 679.0 fel: thence Ccjs g9.,WOga 42.'14`38" I tflemeo Ntxtib_00°90'03" Llan! , 04;i1S-Ped. b a point; tuft Stwth 'Leah. 18.67 lea! to a point; Tkrarce Saulth fiP°2d! 3" WCA, 8030 fed to a point, 11,8m o South a6'31'zr �, iR9.70 feet ton, pehd; Thence South 47°2$'ti9" oust. 249:32 icon 23*to a palm: t to a Nests (htmw No est 0¢156 401 to A Mint t 'thence South 89°21`59^ Purse. 44* haat !o tl paint; io t Nuph 83421'34" 73°44'38" P>Ast. 46�.?A teal ry a ' 3t' � to 41, �i� � l+Ti/rih rhtame South ! 1'01130" paint: Theme Nora 7.0"5$'0?" Bosh 292.1q pie to a pohiq ha hast: 86.25 root tea puha of eunvatare: thoma along a carve to the Agit„ vieg a radius of 2W.OF8 fc+at, eat aro distance I82:ytr_&0 and lrroagh a central ustgte of 52°21.26". Nwinit a dwrd hearing South 1S" ri V Wee, n cla+l distance of t76A7 feet to a point, ihaux Svhtth 41113 :6" Alast,117. i Pea! to a plant of entvaterc; tihmee slang a curve eu the Icp. hating a h u& of 500.00 lea. an arc disfam or331.63 feet and ilvtw8h a eeattai ioglo or 38'27'3q". with a chord bt9i tg South 22"00'06^ W osl. a tlad tiiFlantt of LAkaj `2> 151 73W d 45! [ lirteewret la.. Soisa! aertdiun, to BS6dt U�,N• kp1DS' P 168fl8411d4 Exhibit A - Page EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT - THE TREE FARM Page 51 of 78 0 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORM HEARINGDATE OF MARCH 2.2006 Page2or2 FISO PARCEL 3t tlptie'lsona1IfUgyGd91ti1Coo r. 20,41-M R4 329.37 rest to a polar of roveM ettrvattrc,; thence Along a curve M the rlgltt, having a radius of 300-M feet, as arc distance of 302.88 feet and through a control Angie of 38127'39", wM a a d heating Stanh 31 °41'41" Wash a Clara distcuae of290:19 feat to a point; thence Snuth 60'A7104" West, 396.11 feet to a point of cwwturc; thence along a curve Irl the ha having a iadius nr9td►(0 fee, 0 arc distomm of $45,60 tete an d through a central at* Of 39°04 33 , adth a chord bag South 416t14'4It" West, a chord distance of 535.019 fcts to A point of reverse curvature; dame along a curve to thr rigit, having a radius of 430.W feat, alt ate distartm of $14.04 fad and ihrough o control angle of 63"26'.W', with a chord beating South 541I6'W1 West a chord distanx of 486.54 feetto a pining thenen South W'59'2V WOO, 143.11 fat to a point; thence Along a carve to the lett, hsrin8 a radius or 300 fest; all arc: distance of 29.99 tors and through a central angle of 03026121. With a chord bearing North 61*24'43" Wast, a chord distait¢a of 29.49 fact to a paint: thence North U3°I2'49" Weat a distance of 72..76 Peet to a point of curvature; thence along a cum to the left. !wring a radius of 2010.00 fee, au are distance of 156,8#1 fact and thnaugh a contrai ad& of 440902". With A chord hearing North 25641'1)5" West, a chord distance of 152.89 fact to a point; thence North 48669'21" West, 17187 fes€ to a point of curvatorw thence along A curve to the h4R, having a radius of 550.00 fact, snare length or 701.23 ffth and thtuugh a ce tral angto of 73°03'01", with a chard bes" ag Nutih 84°40'52" Wit, a chord distance nf.654.69 feel to a point; thence South 58°47.38" West, 502.01 foot tc a pOhn of enivAure; thane, 310% a curve to the right, having a radius Of 1200.46 feet, and are distance of 949.72 feat- And thnntgh u central apgla or 45-W'441 With a chard booring South $t62810V Wast, a chord distance of 925.12 feet to a paint; thence North 75°Sl `311 West a distanco of 641.78 icor, thence idottit (016'30" Man a disdrrrtco of 463,90 feet; thence South W30)<7"West a diatancc of.357:39 root .(l� Mer)y Sotib.W32'30" Wert a dlslar ve of 357.98 fact): then6 thence %bill 762X0CF' West a distance or 104319 feet; tboaea South 74131 *OW' West a distance of 103,70 lout thence South ft1633'3R" West a distance, Of 245.48 fed- [hone North VJ*N'(V i#Asn a distance of 156.80 fact; thence South 8360 *(U* East a distance of 187.58. fec; thence South $8^26'30" Fast a distance of 138:52 feat; thence Stith 44*2010(r, EAU a distance of 78.25 leer thence North 75°51'38" West, 264.25 feet; to a paint of earvaturo; thence akatg a carve (u tins lea, curving a radius 017750,00 W. an are length of 421.71 feet and through a central arrgtc of 32612'58". With a Chord bearing South 94601'53" Wos1, a chord distance 4416. t7 feel to a paint., thence South 71635"2#'' West. 35217 feel to a point orcurvature; theace along a curve to tho fight' hailing A radius of 509.00 feet, art arc di*Am of 155.06 feel and through a central angle of 17646'08", with a chant hearing South ltV lit,I8" West. a chord distance of 154.44 feet to a poinl; thenco. Soeah W41,.12" West a diaumce of 105.04 feet to n point, the Painf of Beginning. �`�yhL i`fiNv Said parcel containing N7,02aerrt4,ware, orltss. g �•: 7114 til i va'ef Waal t6.. - Solt* r• aaddi" 19 elpfx P. Sa88811149 - Exhibit A - Page 5 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT - THE TREE FARM Page 52 of 78 C CITY OF MERIDIAN PI-ANNINt:t DEPAPTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 lls dnivr 'm Sinvt y 6tntrp t em� EXHIBIT A PARCEL41 ZONED R.2 Lept Descdptian A parcel of land skated in Section 226 Townsl(p 4 North, Flange 1 West of the Bolas Meridian. Ada County. Idaho. beklg mare Particularly described as lonyv; Commerwng at the Southeast corner of said S 27, said Point RlarW by em aluminum along the south Bae o's�i 8�1on 22,'NorlI1 W17`39" We§t. IM -61 fear; thence contlauin9 sb M South Lire of said 9ear6n 22, Nath S9"17.3o` West 8 cktsnca of MSS2 feet: thence �g Nagy WtrW Wast a distance t4 2847.16 feat to fI� GOrner contMn to Sections 21, 22, 278 and 28; t1wce atom flia south One of Said $so = 21 North 89,24,46" Wast a d -Angie of 1307.51 feat; the SSoou bft ank of South to North 011"22'50" East a dance of 2030.08 feet to 8 ptik�t on tl� E'h14ti5 CartaB Tftanae al�'trfl.sa(d Sbttdl BaaHi the 60091Ofng f9 courses and dlatanceg: North 80e333d East a distance of 4902$ feet; fiance North 80140'00' Ent a distance of 961.83 feet; there South 00131W West a dPatance of 69.65 feet thence North ([5146'04' East a distance of 651.10 feet; thence North 79"37'32" East a ftWnrx of 87.63 real to the TRUE P(XNT OF BerANN1NG., Thence North 79°37'32' East a dt Wtce 0f "S.01 test; thence South WWW Wast a dlatence *16,00 feet thence North 78121'21"East a &Wma of 245.00 feat. thence South 84°30'54 East a distance of 198.50 teetr thence South 80°22'45' East, 442.88 along aencev to leaving ha said South 9M South 00°28'13 WOM, 494.11 Peet to a pohV; thence '4n0 a ra" of 450:00 feel, an Oro length of 789.87' feat and e paint; Orenc a Notlh air°12'06Y East, 237.43 real to e o w of w atu or er"' f teat to curare to the Pint ofcurVetutet thhwtoa along 8 has radius of 200 feat an aro at 98.08 feet and throng h a 0105 , argaa of 27°31 T. wnh a drord North 17W Wast. a chafd lista ca of 95.14 fatal 10 a paint; thence North 21"f9 West, 35s.05 fleet to real to the Pofrtt of Beginning. Said parcel o0ntafrbtng 27.32 acres, me or Less. End of Description =W1 '551 t vowlevet to Sunt t. Xoddre4. 10 11847 R 244.6sa ms . ' Exhibit A - Page 6 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 53 of 78 � 1.4f1q.lj. 2005 yy���IS. d ']� � 7314 Said parcel o0ntafrbtng 27.32 acres, me or Less. End of Description =W1 '551 t vowlevet to Sunt t. Xoddre4. 10 11847 R 244.6sa ms . ' Exhibit A - Page 6 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 53 of 78 0 • CITY OF MERIDIAN PLANNING DEPARTUIENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 FL%u dodwonSalVey 614un.s0610 EXHISfT A PARCEL 5 Z0NX0 CN Legal Description A parcel of tend situated In the south one-half of the Northeast Quarterand In the South Haff of Section 22, Township 4 North, Range 1 West of the Soles Meridian, Ada County, Idaho, being more partioutarlY dwen'bed as fallow: Commer%*V at the Southeast Darner of said Section 22, said poW being marked y an aluminum cap, thence along the South tine of said Section 22, North 89°77'3W West, 2647.23 feet to the Southeast corner of the Southeast auarter of said Section 22: thence continuing along said South fins. North 89°17'09' West, 50.05 feat to the True Point of Beginning, Thence continuing along said South line, North 80*17109' West, 4243.07 feet to a point; thence leaving aafd South One, North 011°59'[0" East, 343.83 feet to a point Of curvature, then along a curve to. the right, having a radius of 15om foot, an arc distance 01`221 M. feet and through 9 central 091a.of 84°37`42", with a chord bearing North 44.18101' East, a Chord distance of 201.96 feet to a tit of reverse cutvafure; thence along a am to the left, having a 1efflus-of 1000.00 feet, an arc length of 470.27 feet and through a central angle of 2M,40". vAh a chord bearing Norah 73°08'32' Eas1, a dliord distance of 486,98 feet to a point of reverse curvature,, them along a clave to the right, hawing a radius of =A feat, an arc dlstance of 494.38 feat and through a central angle of W39W., h8ving a chord bearing North 87`59'45' Esst, a chord dMance of 474.48 feet to a po1M; thence South 83°4043' East, 311.09 feet to a point of curvature; thence along a curve to the M. having a radius of 700,00 feet, an are dislance of 383M feel and though a central argb of 31'23'40", having a chord bearing South 18124'48" West, a chord distance of 37830 feet to a posit t enoo South OW42'81' West, 154.07 feet to a point, the point Of Beginning. Said parcel conta46ng 17.26 acres, more or less. End description Project No. 06132 December 14. 2005 314 p��1`N: Sir t Yalrrt0a'0t tit-. • $glia 1 xeudrou. la aacer tSt���a v zoo fi I3's . Exhibit A - Page 7 EXMBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 54 of 78 0 0 CiTY OF MERIDIAN PLANNING DEPARTM ENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 20 06 n bndelsun Iul�ey Itrtu�1 curu� J Erx BIT A PAROL 6 ZONt-DR-X5 Legal Description A parcel of land sued in fie =Wh ons He of Sadion 2p. Township 4 North, Range 1 � Q°f RAetidiart AdetCijn(y. 1&6. Dehf9 more particuisr<Y descabed as Cont -nn "it at the sawheest a:5raer of said Se4ft a2. told rtrarhal hire, al»nhitaatu cop vam a earner lire Sutiu�ti�h,,,line ofsa ie SaeYiar 2�, Nrhrih 17'39' We?d.2647.Z3 feet to the line. Ra5r Wffitt oPiht+est, 12 12 roCr ar88id Sall., 22; Iharn:C lint, Noah 84°17'09" West, 1293.12 frrei m the True faint tlflta8rrsr��g ateajt soffit 8inlnh t 'rota! along sold South tin. iti ath 8:`'1M" Weal. 99LI1 rm to a troll": Gtowo 8 Swath 4dhe' along a Carve to the bmfiag a radius of 2400.00 (vM as ars ttahg h of 834.43 far and d-vrh a cooped aerie of 2"'06., with a theTd hearing Noma 154"0'16 - loop .b$t r.apoSW rh WhTS°$f`3S" q. tB3?f'afi+apOn of .71ftdq d tbro along a as m to lira left, ►hab'ia8 a radius of 1200.41) test, an arc Ituto of 949.71 Few and trcoa@h a central 8,910 of T5°20.44", with a adrod bcarin8 Mitt) 8lW-or +{eat. a chord dLdaste or 92$.12 feet to a point; thmme Nt»h 047. .0d At faq to a ix hit .if 701.carv23 C ibentC ohmsthrough a curve to the right Icevi,g a radius of 550.Gd fool, on Are, distance of TG1.23 Cern and ttueagh a central angle of 73°03 01", wtuh a chord btatiag South g4^90'32 Ulm. a chord di mac 61`04,69 red W a 1wia4 thecae South 48°04'21'Fast, !72.87 tiro! to a toitrt of cunatrhr0: theoct along a carve t0 the pinta )orlon a radius of3dp 01 fed, sit are lmr8ih 134;$8 foe! and through a Cetural angles of 44°35'.32'; ugdt a chord bearing Satoh ar n'41 Yrs" o cury lwv;'thence of t 52:84 fist to a paHrl; dnahoo Spoilt G3°12'44' Pan, 72.76. ct let a S4> rt 322.40 feet and t3uW a cows to the right. having a Cad"nus of S00.p13 fad. ars are diaLmtsa of Wry. a rib a 017316.94 16.9 l aagic oa point ' all' with a tong chard hearing Hough 15° t. ,3^ rdMd ddius a ?t 316 t!4 fi el;to a point of roverat Carve m, thavt a along a Curve to the lair, dosing a radius of 744.44 resat an are diau twe of 19.78 fat and thrnrgh' a Central angle of 1 °37'09', with a shard bearing Scarth 3MS'l4„ West, dtwrc0 N.rth 63°4(x43" Wool, 311.te fee; to a a chord tllstmtcc e+f 14.78 It w W a e jig(; loving a tadias of 3(*40 fret, an arc twit of attSfede; nd thr o o a cnrtra lathe id1. Sb"39 QS". u4th a Chord -59.4 of 494.38 fed oral rheou r a ceaatil snffile of Sarah R3 3Q 4$" West; a dund-dip/Mce of 474A8 fat to apoint aP rebatau eiavatrm; dre0hcc along a cave to the "Wit having a rad(ue of 10n0.10 Fed. on me length of 490.27 few «hut through a tem 41 angle of 241.6.46", with a Chord bearing &wt h 73°(18'32" Wast, a 4kead dWor co of 465.05 fed to a�i m ortotn W cotvature. !barna atoag s extrve let the kli. havktg a radika of 150,(010 fes'. an arc twig!) uF231.16 feet and tbruuiilta eektraf angle of 84137'42". with a Chord btatireg South 44°l8'tI"West, a chord dim ne of 261.96 tact to a polar dheew Saadi et"S4'tG" West. 34,3.93 fel" ton paha, a Point Af pegtaal,g Said parcel containing 34.95 docs, mora of 1w. L'nd deaCripKah PrniactNo. 65d32 f,3aceatb.r I4, 0005 .'�o /j',. q 7314 �G N, rvial� rst t Matarlove. to.. . 801e I aeridtea Is 835tT Exhibit A - Page 8 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT - THE TREE FARM Page 55 of 78 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF MARCH 2,2W6 Rsrj(�`} dndersalt Soluey claup,�.ant�..J EXHILIIT A PARCEL 7 ZONED CC Leo Description A parcel bound situated in fie Southeast Quarter af,9cttion 21 and the Southwest Quarter of 22, Towmhip 4 North, Range I Wei of the 0WS0'64Ur1dfa1L Ada County, ldatta, heing more particularly desodbod at follow; Commencing at the Southeast corner orswd Section 21. Ute True Point of Itepinniur, Thence akmg the South line of said Section 21, North R9"24'23" Wad, 868,32 feet to a poly - thence leaving said South line, north 00°!4'29" Fast, 37.20 feet to a paim theme North W TO'02" Inst, 346.62 Leet to a ]u4m orcurvatpre; tha oe along a wtrva to the right, having a radius ormoo oo fcaL an aredislanee of 226.96 feet and Uvough o em;tral 'angle of 16123'54", with a chord heating North I fol 1 `59" Fast, a dund distance of 2;9.18 recto a pulat of rcverao curvature: Tfiertce along a ranw to the left, 4 ins o twiug ar4WM feet, an arc IenO 24$.40 feel and through a central angle of 35W'03". with a tatord bowing North 41449'33" hind, a chord dtstance of 24 L57 feet to a point, thence Wath 15'45'09" Wear, 1'15.34 feet to a puhnG thorn Wardt 71°5$'24" twat, 125.94 fart to it point at wn"urq then.- along a. curve la the ri&L %Virg 9 radius tit 7511.011 feet, an are d'istaocc of427.11 foei.andtttt gh acm*W anb4e 0r 32°12'59", with a chord Ding North 88'01'53" fiast, a chord dWx xr of 416.17 feta to a point; Thence .South 7515.138" Ma. 264.25 Feat to a point; dtatoclS mA 44' 2CrW Bast, 59.46 feet thence Nordt 00,16'36" haa, 32.03 foot: thence Saidh w5f1s^ East. 601.7a feint; thence along o curve to the felt, having a ending of 2400.04 W, an Lira hmpth of 939,93 reet and through a uantral angte of 20°03'(1&", with a chard beariog Suuth 1564216" West, a chard distance of 933,65 feet to a point an the South Uue ur said Secliun 22; thence along said Southdino; Worth $9,17'09" Wel, M1.03 foot in the point or Beginning. Said parcel eettlaining 28.45 m mora or less. End of De ^eruption tt AL LAMA Putlect No. 05 132 y4°�rC Si January 13, 20% 14 'I tlH. A1tG F.xhibit'A — Page 9 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 56 of 78 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7,2W6 Andwo Survey I;wup.ula0 EXHIBIT A PARCEL 8 ZONED R-15 Leaf Descrig6on A panel of land situated in the Southeast Quarter of Seotlon 21. Township 4 North, Range 1 West of the Bots, Maridtan, Ada County, Idaho, being more Particularly described as follow: eommencIng at the Southeast comer of said Section - 21, thence along the South line of said Section 21. North 89'24 23' Wast. 88$.32 fit to the True Paint of.t3egfnni,ng; Thence continuing along said South line, Netth 89°2631" West, 439.19 foot lo a point; thence North 00"22'60" East, &59.78 feat is a point; then" ,North 89'.1'32" East, 105.05 feet t4 a point of cur, atur,; thence along a cures toft left, having a radius of 600.01) fest: an arc distartmof 153.00 feel and through a central angle of 17'46'08'. with a Chord bearing North eo°4828' i?ael, a chord distance of 154.44 feet to a taint thence North 71°55'24" East. 226.33 fest to a 00int; thence South 16'46W East, 115.34 feel to a Point of curvature' thence along a curers to the right, haemo a radius of 400.00 feet, an arc length of 246.40 feet and through a central angle of 35^09'06", with a IoN chord. bearing South 01`49'2:3" West, a chard distance or 2,41.574001 to a point of reverse curvature; thence along a curve to the left, having a radius of W0.00 feet, an arc length of 228.98 feet and through a central angle of 16°23'6.`, with a cho rd bearing South 11°1159° West, a chord dfance of 228.18 fact to to palet; thence South 03'00'02' West, 346.62 feet to a Point Thence South 00'3429" West. 37.20 fast to the Point of Beginning. Said Parcel containing 9.71 acres, more or less. End of Desodption Protect No. 05132 December 14, 2006 ,6y t.nrfp s r+ T. 7310, S51 L @otnrto�an, to . dn,to t. Notrdlga. 1a a4t42 nr. xt�`°�e N roe ase ris5 . Exhibit A -- Page 10 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 57 of 78 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORWE HEARING DATE OF MARCII2, 2006 Exhibit A - Page I I EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 58 of 78 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2,20M B. Required Findings from Unwed Development Cotte 1. Annexation Findings: Upon recommendation from the Commission, the Council shallmakea full investigation and shall, at the public hearing, review the application. In order to t grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-2, R-8, R-15, C -N and C -C. If the applicant provides some R-8 zoning adjacent to the west side of WcstWing Estates, Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Polities and Goals. Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts. If the applicant complies with the provisions outlined in the development agreement, Council finds that the proposed commmial and residential districts will be in compliance with the specific district regulations. Council finds that fixture development of this property should comply with the established regulations and purpose statements of the residential and commercial zones. 3. The map amendment shalt not be materially deu imeptat to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by say political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC I1 -5B -3E). The proposed zoning amendment will provide zoning districts that are consistent with what the City has envisioned for this area. In accordance with the findings listed above, Council ftp itxA that Annexation and T.nnim of this property would be in the best interest of the Lite if the "Icar t mm6des r Adsed tent descriptions for the R-8 and R 15 zonae And enters into a Development Agreement (DA) with the City�as mentioned n Section f0 of the' StafiRopyrt. Exbibit a — Page I EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER DEVELOPMENT AGREEMENT — THE TREE FARM Page 59 of 78 CITY OF MERIDIAN PLANNING 4EPARIVEVT STAFF RI.PORT FOR THE HEARING DATE OF MARCH 2, 2006 C. Concept Plan pit ExhiNt C -- Page I glU 3 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 60 of 78 6 CITY OF MERIDIAN PLANNING DEPARTMENTSTAFF REPORT FOR TRE HEARING DATE OF MARCH 2, 2006 D. Ada County Assessor's Ownership Map /0 .......... P& TECO MDC MDc Exhibit D - Page I 1� * f 0 c rVIT"D c- 0 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 61 of 78 AKF.A M01 ALDAPE toAda Couffty via ArcVww GIS TEGO 0 TECO MDC MDc Exhibit D - Page I 1� * f 0 c rVIT"D c- 0 EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 61 of 78 0 E CITY Of MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATEOFMARCH 1, 2006 E. Updated Ownership Map In—A V. S� -- Exhibit E - Page I EXHIBIT D (CITY COUNCIL FINDINGS, CONCLUSIONS AND ORDER) DEVELOPMENT AGREEMENT — THE TREE FARM Page 62 of 78 9 EXHIBIT E DEVELOPMENT AGREEMENT — THE TREE FARM Map of Adjacent Property EXHIBIT E (MAP OF ADJACENT PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM Page 63 of 78 • EXHIBIT F DEVELOPMENT AGREEMENT — THE TREE FARM Addendum to Development Agreement EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 64 of 78 0 0 ADDENDUM TO DEVELOPMENT AGREEMENT Agreement and Commitment Regarding Access for Teco One Property and Property North of the Phyllis Canal This Agreement and Commitment Regarding Access is being made by Treehaven, LLC ("Treehaven") to the City of Meridian (the "C"). This Agreement shall be effective upon the final approval of Treehaven's pending zoning and annexation application (AZ -06-004). This Agreement and Commitment shall be made a part of the Development Agreement entered into between the City and Treehaven. Background Information Treehaven is the purchaser of the land (the "Treehaven Property") generally illustrated on Exhibit A and more specifically illustrated on Exhibit B. The Treehaven Property currently includes Parcels 1, 2, 3, 4 and 5 (collectively "Parcels 1-5") illustrated on Exhibit C which Treehaven has recently acquired from MDC, LLC and other affiliated entities. Treehaven was not the purchaser of Parcels 1-5 at the time that Treehaven filed its application (AZ 06 004) to the City of Meridian for annexation and zoning. The practical and functional northern development boundary of the Treehaven Property is the common boundary between the Teco One Property and the Treehaven Property as shown on Exhibit B. Properties that adjoin or are neighboring to the Treehaven Property include the "Teco One Property" and the "North of Phyllis Property'. These properties are generally illustrated on Exhibit A and are more specifically illustrated on Exhibit D. The owners of the Teco One Property and the North of Phyllis Property shall be collectively referred to as the "Neighboring Owners". One of the owners of the North of Phyllis Property is Elias and Margaret Aldape ("Aldape") and the "Aldape Property" is one of the North of Phyllis Property. The Teco One Property and the Aldape Property currently have very limited access and specifically do not currently have any access to Chinden Boulevard except: 1. The Aldape Property has limited access via a "certain wagon road 25 feet wide", commonly referred to as "Basco Lane". Basco Lane is shown on Exhibit B.- 2. ; 2. The Teco One Property has access over Basco Lane for historical use, which has been one single family home and agricultural uses. Basco Lane has inadequate access for the future development and improvement of the Teco One Property and the Aldape Property. Treehaven has made application to the City of Meridian requesting the annexation and EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 65 of 78 zoning of the Treehaven Property. The proposed project is referred to as "The Tree Farm". In connection with The Tree Farm application, Treehaven has prepared and submitted a conceptual land use plan attached as Exhibit E (the "Concept Plan"). The Concept Plan anticipates that the needed future access for the Teco One Property and the North of Phyllis Property shall be provided via Tree Farm Blvd and Jayker Way. (Sae Concept Plan.) The "North Meridian Auto Circulation Man", which is a part of the City of Meridian Comprehensive Plan, also anticipates a "Collector Road" in the vicinity of Basco Lane. The Circulation Map is attached hereto as Exhibit F. ` The exact location for the extension of Basco Lane north from Jayker Way (the "Basco Lane Extension") has not been determined at this time and cannot be determined until the development plans for the Teco One Property and the North of Phyllis Property have been determined. In particular, the intensity of development on the North of Phyllis Property will have a significant impact on the design and location of the Basco Lane Extension. Treehaven has reviewed with the Ada County Highway District two possible alternatives for the Basco Lane Extension, which is illustrated on Exhibit G. Exhibit G1 depicts the current location of Basco Lane. Exhibit G2 illustrates a possible Basco Lane Extension that follows, as close as possible, the existing location and historic route of Basco Lane (the "Historic Route") and Exhibit G3 illustrates a route preferred by the Ada County Highway District (the "ACHD Preferred Route"). At the time Treehaven purchased the Treehaven Ada County Highway District and at the time of the Planning and Zoning Commission hearing on Treehaven's application, the Treehaven Property was encumbered by that certain Agreement to Restrict Easement, dated effective April 5, 2001, recorded in the official records of Ada County, Idaho on April 5, 2002 as Instrument No. 102040733 ("Anderson/Thomas Agreement"). The Anderson/Thomas Agreement was recorded against the Treehaven Property by a former owner and contractually limits access over Basco Lane for use by properties north of the Phyllis Canal and legally limits Treehaven from constructing any road on the Treehaven Property that would allow for development of the Teco One Property or the North of Phyllis Property. Treehaven and its affiliated entities have obtained the release and termination of the Anderson/Thomas Agreement, a copy of which is attached hereto as Exhibit H (the "Termination Agreement"). The purpose of this Agreement and Commitment is to set forth Treehaven's commitments to accommodate future access to the Teco One Property and the North of Phyllis Property. AGREEMENT AND COMMITMENTS 1. Parcel 4 Title Cloud. Treehaven has recently acquired Parcels 1-5 from MDC, LLC or affiliated entities. However, because of some confusion created by a series of deeds recorded in 1912, the current legal ownership of the gulch (a portion of Parcel 4) is not clear and consequently there may be a cloud on Treehaven's free and clear title to a portion of Parcel 4. Treehaven agrees to undertake such reasonable steps as are needed to obtain clear title and to cause a title company to insure free and clear title to Parcel 4. The City agrees to cooperate and assist Treehaven in these efforts to obtain clear title. EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 66 of 78 2. Basco Lane Right of Way. Treehaven shall make available, without the payment of any consideration to Treehaven, Parcels 3 and 4 for road right of way purposes. Under any circumstances, Parcels 3 and 4 are not adequate in size, location or configuration to provide the needed land for the Basco Lane Extension. In the event that the City, the Ada County Highway District ("ACHD"), and the Neighboring Owners determine that the ACHD Preferred Route (or some variation) is the best alternative for the Basco Lane Extension, then Treehaven agrees that Parcels 3 and 4 shall be made available to Teco One, without consideration to Treehaven, to replace property dedicated by Teco One for the ACHD Preferred Route (or some variation). 3. Tree Farm Blvd and Jayker Way Construction and Replacement Access Treehaven agrees that in connection with the development and construction of improvements in either Phase 1 or Phase 2 of the Tree Farm project, Treehaven shall construct, at Treehaven's cost and expense, Tree Farm Blvd and Jayker Way including the "Stub for Basco Lane Extension", all as shown on the Concept Plan. Treehaven shall dedicate Tree Farm Blvd and Jayker Way as public streets and rights of way. The Stub for Basco Lane Extension shall be in such exact location as the City of Meridian and ACRD, in consultation with the Neighboring Owners, agree. The exact location of the stub shall be located someplace along the common boundary of the Teco One and Treehaven Properties within one hundred (100) feet either east or west of the existing Basco Lane. Once the new public streets have been completed and dedicated by Treehaven, the existing 25 foot wide Basco Lane shall be abandoned from Chinden to the common boundary between the Treehaven and Teco One Properties as shown on Exhibit B. 4. Termination of Anderson/Thomas Agreement. Treehaven agrees to obtain and record the Termination Agreement upon the recordation of the first final plat of The Tree Farm. 5. Other Reasonable Steps. Treehaven agrees to otherwise cooperate and assist the City, ACHD and\or the Neighboring Owners to insure that appropriate access is provided to the Teco One Property and the North of Phyllis Property as contemplated herein. EXHIBITS TO ADDENDUM Exhibit A — Vicinity Map Exhibit B — Treehaven Property Map Exhibit C — Parcels 1-5 Exhibit D — Teco One Property/North of Phyllis Property Map Exhibit E — Concept Plan Exhibit F — Circulation Map Exhibit G — Basco Lane Alternatives G 1 —Current Location G2 — Historic Route G3 — ACHD Preferred Route Exhibit H — Termination Agreement EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 67 of 78 Exhibit A EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 68 of 78 0 ! 'mm ma 'H D Rom 'H Fx- W")itB EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 69 of 78 i Exbibit C EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 70 of 78 EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Exhibit b Page 71 of 78 r p N = G Y G 9 m 3 i'fi� V a� Gs gg 3 � r 1 w4 6 � gn 6 N s G 1 � 3 � gn ,�,,��++ ■ - ERl 3110 ® Isro0T N 3 v v 41) W Qa 10 N- W ■'� LL . ' ■ .r O U CL.� . ■ a 2 ■ ■ U21 FAMM N WU N 1pla I I i ■ •r � 'g g 8 S L � V Co as alm o 31 N �� � ■ O I'1 V 1L � cm o Q a • o �. cu @1 YWiiNiN ■. 1 W � • ■ is cu vw : ei ...... ...... . �UVNVO N .Exhibit F EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 73 of 78 Exhibit GI EXHIBIT F (ADDENDUM To DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 74 of 78 0 C Exhibit G2 EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 75 of 78 0 9 Extn`bit 03 EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 76 of 78 Itecmft requested by and when recorded ream to: L. Edward Millet Givens Parsley Ud, 601 W. Bannock St. Boise,ldaho%3702 TERMINATION OF AGREEMENT TU RESTRICT EASEMENT THIS TERMINATION OF AGREEMENT To RESTRICT EASEMENT C Agreement"), is made and entered into this PL day of p4of 2006 ("Termination Date'), by and among Ml3C, LLC, an Idaho limited ITahiliW company (-MDC), Roger Anderson, an individual ("Anderson"), and G. Matthew Thoma% an individual C Thomes") (collectively, -`parties"). A. The parties previously have entered into that certain Agreement to Restrict Easement; dated effective April 5, 2001 and recorded In the official records of Ada County, .Idaho on April 5, 2002. as Instrument No. 102040.733 ("Agreement to Restrict'), providing for MUG to limit access over Basco Lane for use by properties north of the Phyllis Canal to the rights of ingress and egress then existing for such properties. B. The parties now desire to terminate the Agreement to Restrict effective as of the Termination Nate. Agreement NOW TTIEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby -acknowledged. the parties hereby agree as follows: 1. Termination of Agreement to Restrict. The parties hereby agree and acknowledge that as of the Termination pate, the Agreement to Restrict is terminated and of no further force and effect and the parties are released and relieved of any and all obligations and duties thereunder. IN WI'T'NESS HEREOF, this Agreement is efrmdve as of the Termination Date. MDC: ANDERSON: THOMAS: MDC, LLC An Idaho Ii'mmiced liability 'T' n By: Name: De ra,:tn s C t r s I.a Its: �Pres�.ls 4- _ TERMMA'noN OF AGRFMKLWT TO RESTRICT EASEM.ENI' -1 of 2 $--TL,' N=6 TCnnfnaaun ttrfAgrcmtW to Re$W Eamnen AIC Exhibit H EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 77 of 78 State of—_Z4:.o ) ss. County of } On this day of 0- of 20N, before me, a Notary Public in and for said State, Personally appeared Douglas K. Cama9San, latown or identified to me to be a manager of MDC, LLC, an Idaho limited liability company, who.subscribed said limited liability company name to the foregoing instrument and acknowledge t he executed the some in said limited liability company name. -JA Notary Notary Publicfo Residing at XJ 4�G,a My Commission expires -L 311 :State ss. County of ` o . On this 'day of 2()* before me, a Notary Public in and for said State, personally appeared Roger Anders known or identified to me . to be the person whose name is subscribed to the within d acknowledged to me that he executed the same. S `3a PU�or- state of-+Im�e i',•• ,.,... •``' ss. County of A&. ) <y 8 C Notary Pub(ielbr t a! Residing My Commission expires r is On this 4 'my of2006, before me, a Notary Public in and for said State, ,personally appeared G. Matthew Tho known or identified to me to be the person whose name is subscribed to the within instrument, anis acknowledged to me that be executed the same. �rJ:f�/tj�' 1Jotary lic fa Residing at My Commission expires T[; MNATION Of, AGRF,EMENT TO R8.SrRICr`EASEMFNT - TOF 2 s:1cu01TS176 T—.fi -of ft m d t. Rcvo-kr namnt ter EXHIBIT F (ADDENDUM TO DEVELOPMENT AGREEMENT) DEVELOPMENT AGREEMENT — THE TREE FARM Page 78 of 78 r September 8, 2006 SHP 06-6 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Sparrowhawk, LLC ITEM NO. 5-G REQUEST Request for Short Plat Approval to create 4 building lots out of 2 existing lots on 2.831 acres in a C -G zone for Sparrowhawk Subdivision — north of Franklin Road and east of Nola Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Staff Report Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • September 8, 2006 SHP 06-007 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Brighton Commercial, Inc. ITEM NO. 5-H REQUEST Request for Short Plat Approval of a 4 unit condominium plat in a C -N zone for Quenzer Commons Condominiums No. 2 - 1565 E. Leighfield Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Staff Report Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Top Shelf, LLC ITEM NO. 5-1 REQUEST Transfer of Location of Beer and Liquor licenses for Top Shelf, LLC from 127 E. Idaho Avenue to 126 E, Idaho Avenue: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Department Approvals Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 8, 2006 MERIDIAN CITY COUNCIL MEETING • September 12, 2006 APPLICANT ITEM NO. REQUEST Public Works Change Order No. 1 of the Contract with Lea Electric for PRV Radio & Power Installation: 5-J AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo / Change Order 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. E City of Meridian Public Works Dept. Memo To: Mayor De Weerd From: Kyle Radek, P.E., Staff Engineer ICjz CC: File Date: 9/1/06 i iUd (;I T Y OF MLERIDIANI Ct�I TY C11FRI FFfr� Re: Approval Change Order No. 1 of Contract with Lea Electric for PRV Radio and Power Installation Please approve / sign the attached Change Order No. 1 for this project. I understand that this change order of $1,519 does not need City Council approval for signature. Please contact me if you have any questions. Thank you. 0 Page 1 CHANGE ORDER NO. 1 DATE OF ISSUANCE OWNER City of Meridian CONTRACTOR: Lea Electric, LLC. CONTRACT: PRV Radio and Power Installation, Phase 2 Description: This change order consists of the following work: EFFECTIVE DA No. 1 Upgrade antenna cables at three locations to larger cable. Contractor discovered after project was awarded that specified cable would not function properly at lengths required at these locations. CHANGE IN CONTRACT PRICE: Original Contract Price $ 53.381.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 53.381.00 Net increase (decrease) of this Change Order: 1,519.00 Contract Price with all approved Change Orders: $ 54.900.00 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) RECOMMENDED APPROVED ATTEST Kyle adek, PE Staff Engineer Tammy de W rd, ayor William G. Berg, Jr.,"C �® Date: /� Date: �� �0r6 Date: �•� FOAL EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Lpa Fiectrir LLC P.O. Bnx 190130 �nis� YV 83719 LEA ELECTRIC, � �� �~�.���_ L.L.C. RO.BOX 19013O° BOISE, |O83719 (208) 888-2523 �� �� kXL6 _ �ate'.. 08-3Q-20m� Prnject <<< ADD77I0NAL WORK AU7HORTZATTON >>> =============================================================================== Contrartor.-..... CTTY OF MFRTDlAN Contract #....- * Per RFI-00�� we need +n unsi'e the A��ress,'...-,,,- 660 E' Watertnwer Ste 200 Cnntract Date.. 1�-30-99 * Meridian Id 83642 Cnntract Amt,.. $53,381.00 * CITv OF MFR' TDIAN PRV'S C.O.s anornved. $0.00 Wn,� 'Reou�st Bv,'.Kyle ====�========================================================================== �evise� Tnta}.. * $5�,381.00 PROPOSA| REQUFSl', 1 This is CHANGE ORDFR # 1 OF 1 Date issued'.' 08/30/06 *****DFSCRIPTTON OF WURK********************************************** � * * Per RFI-00�� we need +n unsi'e the cahle size f'-3 y, Wnodbridye. * * Leighfield and Victo'y sites due to Manufacturer's * * rern°mewdatinn hecaose "f distanc� of runs. * * * * * * * ***** =============================================================================== =============================================================================== �TArUS'.'', PENQING APPROVAL Tot�l Mater��ls ------------------------------------------------------------------------------- $},226.00 | Permit $10.00 _---_-_----_--_---------_------------------------------- Freiqht $8-00 ... .... .... ---------------------------------------------------------------------------- ... Sub-total .... .... .... ---------_-_-__---- $1,309.56 P'oftt & U.H. �16.0 Payment terms "f the nriqinal _-------------------------_-------- contrart apply to thischanoe Bnnd Prem. Order on|ess noteu ntherwise,$0.00 ----------------------------------- =============================================================================== Total C,O. $1,5�9.�0 |ea Fle,trir i|'C ..,.''.0ate. '[«I5 NGE (71RBE1--"#1 LEA ELECTRIC, LI Box 190130 Boise, ID. 83719 (208) 888-2523 Phone (208) 888-0390 Fax REQUEST FOR INFORMATION Project Name: Contractor: ,,fig/c'c���'� Date of Request: 1 Reference - Drawing and Spec'if'ication: Project No:� RFI No: E]Z= 2 Comments and 'l+ss�d�lic�v�®v 4 Architects Comments and DiErection. Signature: Date: F-,25--ee Bill Litzebauer V , From: Lane Huddleston[Ihuddieston@dc:engineering.net] Sent: Monday, August 28, 2006 1:54 PM To: Bill Litzebauer Cc: 'Kyle Radek' Subject: PRV RFI Attachments: PRV RFI 1 8-28-06.pdf Bill, Here is RFI 1 I think it may be number 2 but anyway. We need to see what cable you are proposing to use as wen as tate cost difference between what the drawings called out and what the manufacturer is recommending. if you have any questions please let me know. Lane Huddleston OC Engineering, PC Office (208)288-2187 ext. 120 Cell (208)870-9083 2112n( IA Bill Litzebauer From: Clint Curbs[dinton@trailblazercontrols.com] Sent: Monday, August 28, 2006 11:20 AM To: Bill Litzebauer Subject: RE: Elpro Radio Telemetry -Wireless VO (P.O. # 2615-125) Good Morning Bill. I heard from Mike with your company. He called and gave me the cable lengths needed for this project. Please issue us a revised purchase order reflecting the prices for the cable lengths. Pricing is as follows: Qty:: 2 Description: 119' of radio cable with N -Type connectors between the antenna and lightning arrestor. Price Ea: $430.00 Qty: 1 Description: 230' of radio cable with N -Type connectors between the antenna and lightning arrestor. Price Ea: $731.00 Qty: 1 Description: 55' of radio cable with N -Type connectors between the antenna and lightning arrestor. Price Ea: $135.00 COST BREAKDOWN: Qty: - 4 Credit for 50 foot cable Qty: 4 lengths; Total: -$500.00 New cable lengths; Total: $1,726.00 Please add $1,226.00 to the total purchase order price and send us a revised copy. The total purchase order should be for $7,846.00. Once we receive the revised purchase order, we will proceed with the order. Let me know of any questions. Thanks! Best regards, Clint Curtis From: Bill Lftzebauer [mailto:bill@mail.koelecb ic.com] Sent Wednesday, July 19, 200612:01 PM To: Clint Curtis Subject: RE: Elpro Radio Telemetry - Wirers I/O Clint thanks for the proposal the unit that is spec. is 905U-2 also I need your billing address for us to write a P.O. From: Clint Curtis [mailto:dint Dn@trailblazercontrols.com] Sent Wednesday, July 19, 2006 10:50 AM 0 0 September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Public Works Department ITEM NO. 5-K REQUEST Encroachment Easement Agreement at Well No. 16: 0910►[yl CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Memo and Easement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CENED Memo SEP 0 1 ,N06 City of Meridian City Clerk Office To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk, City Attorney (fed Baird) Date: 9/7/06 Re: September 12 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the September 12 City Council Consent agenda for Council's consideration. Encroachment Easement Agreement at Well No 16 This agreement allows the owner of the lot adjacent to the City's Well No. 16 to construct a concrete fence on a portion of the common property line. The wall's footing will encroach 16 -inches into City property. I have met with the developer and Water Division staff and have no objection to this easement agreement Recommended Council Action: Approve Encroachment Easement Agreement with Rosario Place Lmtd. Partnership and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 ENCROACHMENT EASEMENT AGREEMENT THIS INDENTURE, made thisday of September, 2006 between the City of Meridian, Ada County, Idaho, the party of the first part, and hereinafter called the Grantor, and Rosario Place Limited Partnership, 2787 West Balata Court, Meridian, Idaho 83642, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantee desires to construct a subterranean footing upon the premises and property hereinafter particularly bounded and described; and WHEREAS, it will be necessary to maintain and service said subterranean footing from time to time by Grantee; and WHEREAS, the Grantor desires to provide an encroachment easement to Grantee upon said premises and property for the construction and maintenance of said subterranean footing; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee an easement for the construction and maintenance of a subterranean footing upon the following described property: (SEE ATTACHED EXHIBIT A and B and C) The easement hereby granted is for the purpose of the construction of said subterranean footing, together with its maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, except that access through or from Grantor's fenced and secured portion of the property shall only be upon Grantor's prior approval. Grantor shall have the right to use and enjoy the surface of the easement except when such use interferes with the rights and privileges conveyed herein to grantee. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, unless and until said subterranean footing is removed and not replaced or otherwise abandoned for a period of two (2) years upon which occurrence this easement shall automatically cease and terminate and Grantee shall, if requested by the Grantor, release the same of record. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. Grantee agrees to release, indemnify, defend and hold harmless grantor against any and all claims, demands, and causes of action arising in favor of any person, corporation, or Encroachment Easement 0 governmental entity, because of a personal injury or damages to property resulting from any acts or omission of grantee, its employees, contractors, subcontractors, or agents in the course of construction and maintenance of the subterranean footing or use of the easement except if caused by the negligent or willful act or omission of Grantor, its successors, assigns, agents, employees, or contractors. THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Encroachment Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: GRANTEE: RO,,, O PLACE LIMITED PARTNERSHIP F& 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 frc" rft-4g- , known or identified to me to be the General Partner of the Limited Partnership that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year, fist above written. �OlA1t y ' +`i H 4 PUB �J {'oaf �!'dynLia�R „�b'g4 �6,J4v PZ Encroachment Easement NOTARY PUBLIC FOR IDAHO Residing Commission Expires: EXHIBIT A LEGAL DESCRIPTION FOR CITY OF MERIDIAN WELL LOT A parcel located in the NE '/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ciiy of Meridian, Ada County, Idaho, more particularly described as follows: Beginning at an aluminum cap monument marking the southeast corner of Lot 2 of Block 3 of TREASURE VALLEY BUSINESS CENTER -PHASE 1 as shown on the plat on file in the office of the Recorder, Ada County, Idaho, in Book 53 of Plats at Pages 4790-4791, from which a 5/8 inch diameter iron pin marking the centerline of North Hickory Avenue and the southerly boundary of said TREASURE VALLEY BUSINESS CENTER -PHASE 1 bears N 89°35' 15" W a distance of 563.82 feet; thence S 0°24'45" W a distance of 160.00 feet to a 5/8 inch diameter iron pin; thence N 89'35'15" W a distance of 100.00 feet to a 5/8 inch diameter iron pin; thence N 0°24'45" E a distance of 100.00 feet to a 5/8 inch diameter iron pin; thence N 89'35' 15" W a distance of 463.94 feet to a 5/8 inch diameter iron pin; thence N 0°31' 12" E a distance of 60.00 feet to a 5/8 inch diameter iron pin on the southerly boundary of said TREASURE VALLEY BUSINESS CENTER — PHASE I; thence S 89'35' 15" E along said southerly boundary a distance of 563.82 feet to the POINT OF BEGINNING. 0 ! TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702 SURVEYING (208) ass -osis a]' Fax (208) 385-0696 Project_ No.. 2983 Data, September 1, 2006 EXHIBIT B LEGAL DESCRIPTION - SUBTERRANEAN ENCROACHMENT EASEMENT A wall footing easement lying In the NE 1/4 of Section 8, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particulady described as follows: BEGINNING at the Northwest comer of Lot 5 of Block 2 of Gemtone Center No. 2, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho In Book 74 of Plats at page76M, thence North 0002445" East 1.33 feet to a point; thence South 89635'15" East 178.91 feet to a point; thence South 00"24'45" West 80.27 feet to a point; thence North 88"3515" West 1.33 feet to a point on the East boundary of said Lot 5; thence along said East boundary North 00'2445" East 78.94 feet to the Northeast corner of said Lot 5; thence along the North boundary of said Lot 5 North 89°35'15" West 177.58 feet to the POINT OF BEGINNING. a --0C 11 EXHIBIT C FOOTING DETAIL 3 SIDES 3/1C EXTERIOR SURFACE. SEE CML TILT -UP PANEL i�'••h EXTERIOR SURFACE, SEE CIVL ��-�cv� �L�'�..� •'°b.';4� �' � b 7 PLATE #22 L 6 z4 x114 z1' -O' =�. 2' SHIM & GROUT Z -' Z PLATE #21— (3) #5 CONT. TOP do 130T.- A, 07- • , ® 12' A.C. • . TOP dt BOT. ..' ..} or 14 ■I a E UAL EQUAL 10 3'-0' :. t 20 EXTERIOR 'FOOTING . DETAIL SCALE: 3/4'- 1 September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Public Works Department ITEM NO. $-L REQUEST Public Works Department Staffing Amendment Request: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo 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. E Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk, Bill Nary, Stacy K. Date: 9/6/06 SEP 0 ? 2006 City of Meridian City Clerk Office Re: Staffing Amendment Request — Public Works Department Personnel am requesting that Council approve two position changes for FY 2007. The first request pertains to the Lab Analyst position that was approved as an enhancement for FY'07. Because of personnel changes that have occurred over the summer, John Shawcroft believes a Wastewater Operator position is -now needed more. In the current position classifications, the Operator position is lower cost than the Lab Analyst position. The positions are equivalent in the proposed salary schedule. The second request is changing a currently funded, but unfilled, Department Specialist position in Public Works to an Administrative Assistant. The Administrative Assistant is a moderately higher cost than the Department Specialist. If approved, I plan to employ the Admin Assistant only part-time for at least several months. This will allow the potential added cost of the position to not exceed available budget in FY'07. Requested Council Action: Approve Public Works Department personnel and position changes for FY 2007, which are changing the Lab Analyst to Wastewater Operator II, and changing Department Specialist -PW to Administrative Assistant (PW). Thank you for your consideration. 0 Page 1 1�1 September 8, 2006 MERIDIAN CITY COUNCIL MEETING • September 12, 2006 APPLICANT ITEM NO. 5-M REQUEST Resolution No. : in Support of the 2008 Western States Police and Fire Games: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Resolution M#(10 b' �'3 Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 • CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION IN SUPPORT OF THE 2008 WESTERN STATES POLICE AND FIRE GAMES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian will be one of the local governments that will be hosting and providing facilities for the Western States Police and Fire Games, August 16 to 23, 2008; and WHEREAS, the games will involve more than 55 different sporting events in venues through out the entire Treasure Valley and will mark the first time these games have been held in the State of Idaho; and WHEREAS, the Western States Police and Fire Games exist to celebrate the daily public safety efforts of police officers and firefighters throughout the United States and promote friendship, physical fitness, athletic competition, camaraderie among them and good will to the citizens of the community; and WHEREAS, an anticipated 6,000 competitors will bring family, friends and co- workers to the games from throughout the western states including California, Oregon, Washington, Nevada, Utah, Montana, Utah, Hawaii, Alaska, Colorado, Arizona and Idaho; and WHEREAS, the City of Meridian acknowledges and appreciates the partnership of the law enforcement and fire protection agencies of the region, neighboring cities and communities, the Convention and Visitors Bureau, and area businesses in hosting the 2008 Western States Police and Fire Games and encourages the coordination with the various entities to provide facilities for the Western States Police and Fire Games; and WHEREAS, the City of Meridian welcomes the opportunity to help host the 2008 Western States Police and Fire Games in the Treasure Valley; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Meridian do hereby support the 2008 Western States Police and Fire Games and extend an invitation to businesses and the partnering communities to provide the support and facilities necessary to ensure a successful and memorable 2008 Western States Police and Fire Games. That this Resolution shall be in full force and effect immediately upon its RESOLUTION SUPPORTING THE 2008 WESTERN STATES POLICE AND FIRE GAMES Page 1 of 2 adoption and approval. f� ADOPTED by the City Council of the City of Meridian, Idaho this lZ — day of /� 1—ell" 441 , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this `Z AA day of ATTEST: G. BERG, JR., 2006. APPROVED: RESOLUTION SUPPORTING THE 2008 WESTERN STATES POLICE AND FIRE GAMES Page 2 of 2 0 September 8, 2006 MERIDIAN CITY COUNCIL MEETING 0 VAC 06-008 September 12, 2006 APPLICANT Conger Management Group ITEM NO. S -N REQUEST Resolution No. -- Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision — southwest corner of North Locust Grove Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Resolution Contacted: ��Date: /� 60 Phone: Emailed: �� Staff Initials: Materials presented at publlc meetings shall become property of the Cl of Meridian. CITY OF MERIDIAN ADA COUNTY RECORDER J. OA&VARRO AMOUNT .00 ; BOISE IDAHO 09/29/06 03:58 PM DEPUTY Bonnie berbillig III IIIIIII'lllll'll�llllll'I'll III III RECORDED -REQUEST OF Meridian City 106155045 RESOLUTION NO. d 4J r ✓l3/ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING THE PRESSURIZED SEWER EASEMENT, LYING IN THE RESERVE SUBDIVISION, LOCATED IN THE NE % OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 5, 2006 the City Council of the City of Meridian, held a hearing on the vacation of a pressurized sewer easement lying in the Reserve Subdivision, located in the Northeast % of Section 30, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the pressurized sewer easement lying in the Reserve Subdivision, located in the Northeast '/a of Section 30, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this � day of �Gh, ��i , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this� day of j�f G��,, � , , 2006. JI VACATION SEWER EASEMENT IN RESERVE SUBDIVISION Page 1 of 2 ATTEST: CITY CLERK 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 &LL., V&TRD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ; • 11®1'9,,;,��. 4� rTC08,0,00 `aA"UUj NOTARY PUBLIC FOR IDAHO RESIDING AT: Twd t at�, i Yo MY COMMISSION EXPIRES: -11-11 VACATION SEWER EASEMENT IN RESERVE SUBDIVISION Page 2 of 2 0 Sewer easement requested to be vacated A 'fzw tS.Lf�OS Exhibit A .4p'99l 0 t Ir am H 0 September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 VAC 06-004 APPLICANT Dave Evans Construction ITEM NO. 5-0 REQUEST Resolution No. — 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 Ustick & 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: OTHER: COMMENTS See Attached Resolution Ole Contacted: � U1✓(Date: K1116Phone: Emailed: 41My &,� ,6,e-t)grco.CO Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 09/29106 03:58 PM RECORD Bonnie !lig III I'llllllll'll'IIIIIIIIIIIIIII'I III RECORDED -REQUEST OF Meridian City 106155844 CITY OF MERIDIAN RESOLUTION NO. d�J �3 Z_ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING PUBLIC UTILITIES, LOT DRAINAGE, AND IRRIGATION EASEMENTS LOCATED ON THE PROPERTY LINE BETWEEN LOTS 21, 22, 25, AND 26, BLOCK 7 OF SUNDANCE SUBDIVISION NO. 3, LYING IN THE SW 1/ OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 5, 2006 the City Council of the City of Meridian, held a hearing on the vacation of public utilities, lot drainage, and irrigation easements located on the property line between Lots 21, 22, 25 and 26, Block 7 of Sundance Subdivision No. 3, lying in the Southwest % of Section 31, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the public utilities, lot drainage, and irrigation easements on the property line between Lots 21, 22, 25 and 26, Block 7 of Sundance Subdivision No. 3, lying in the Southwest % of Section 31, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PUBLIC UTILITIES, LOT DRAINAGE, AND IRRIGATION EASEMENTS IN SUNDANCE SUBDIVISION No. 3 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this�Z- day of �e dti� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this fA ,F- day of d'Pii✓�{i,.,.. . 2006. C' Ft de NMEATTEST: r� ��,a�wGvitrrli4. rid-G.,�-t AL - CITY CLERK - 7 fit, STATE OF IDAHO, ) ) ss County of Ada ) On this l 2t�' day of Se�bey- '2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Tide Sh4,, W&f&. VSD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0000.• •'•TAlI,q �• (SEAr,) ?' • l tid IC e•• �••CHO •.•• •0800. NOTARY PUBLIC FOR IDAHO RESIDING AT:. ewdLixti, lo MY COMMISSION EXPIRES: - 1-11 VACATION OF PUBLIC UTILITIES, LOT DRAINAGE, AND IRRIGATION EASEMENTS IN SUNDANCE SUBDIVISION No. 3 Page 2 of 2 IAIIII, M D 1 28 I ig 29 6916 33 26 N w Nom` I . 1-,%JMU Cos wj NOTE: AREA SHOWN is A PORTION OF Exhibit A I 0 so 100 200 300 i i i I !RGRM�N wdmr� �Gco, SUNDMICE SUBDMSION NO. 3 !RGR . PLANNEqS VM 83714-20M PHONE 208-M-22.88 - iA;: 208'323-2399 M6 Area requested for vacation L C) I < I ;Mfg 2 0 Cr 1 19 E 2 0 2 o w V '40, 2 .23 2 5 ' . 25- !IJ Cie. Ce -w N "21'14'* IRA 6k; a.1 28-18;* 36 31 TAOL, P,IE- I 6 r .7 T.M.. RJE Rl IAIIII, M D 1 28 I ig 29 6916 33 26 N w Nom` I . 1-,%JMU Cos wj NOTE: AREA SHOWN is A PORTION OF Exhibit A I 0 so 100 200 300 i i i I !RGRM�N wdmr� �Gco, SUNDMICE SUBDMSION NO. 3 !RGR . PLANNEqS VM 83714-20M PHONE 208-M-22.88 - iA;: 208'323-2399 M6 0 • September 8, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT September 12, 2006 ITEM NO. 5-P REQUEST Approve Agreement for Chain Link Fence Installation with Anvil Fence Company for City Hall Property: 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 Agreement Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 i AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 11th day of August , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Anvil Fence Company_, hereinafter referred to as "CONTRACTOR", whose business address is .106 E. 46th Place Boise ID 83714 Contractor License # is A -A and whose Public Works Cont 10927- (02820). _ INTRODUCTION Whereas, the City has a need for services involving Chain Link Fence Installation: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any page 1 of 12 TEMPORARY CONSTRUCTION FENCING 0 0 purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a time and materials basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. page 2 of 12 TEMPORARY CONSTRUCTION FENCING 0 0 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2006 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: page 3 of 12 TEMPORARY CONSTRUCTION FENCING If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. page 4 of 12 TEMPORARY CONSTRUCTION FENCING 0 0 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY page 5 of 12 TEMPORARY CONSTRUCTION FENCING 0 with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. M. 7. Bonds: page 6 of 12 TEMPORARY CONSTRUCTION FENCING 0 0 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Anvil Fence Company Attn: Teri Kiser 106 E. 46th Place Boise, ID 83714 Idaho Public Works License #• 10927-a-4 X02820 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. 9. 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. 10. 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. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. page 7 of 12 TEMPORARY CONSTRUCTION FENCING 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. 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. page 8 of 12 TEMPORARY CONSTRUCTION FENCING 0 0 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severabili : If an y part be invalid or unenforceable, such holding will of ot affect the validityhis Agreement is heold r enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. 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. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ANVIL FENCE COMPANY page 9 of 12 TEMPORARY CONSTRUCTION FENCING BY: TA ERD, MAYOR BY: Dated: Dated: ®(3 Q Q Attest: SEEg L WILLIAM G. BERG, JR., TY CLMK 13-1 Approved as to Content BY: KEIT S, P G AGENT Dated: - l L�- Approved as to Form CITY ATTORNEY page 10 of 12 TEMPORARY CONSTRUCTION FENCING e f . Attachment A SCOPE OF WORK Supply and Install 1,265 LF of 6'-0" chain link fencing and 3 double gate access points for demolition and construction segregation at 27 East Broadway, Meridian (Meridian Creamery), site of the new Meridian City Hall. Chain link panels may be required at road crossings. Work to include all materials, equipment, tools, labor, supervision and taxes to install chain link fence on driven T -posts and/or pipe posts, stretched tight and secured for maintenance free use for up to 2 years. Please contact Gene Bennett of PETRA General Contractors (323-4500) PR_ to the commencement of any work. OPTION A At the request of the City, Anvil Fence will remove the fencing at no charge and retain ownership of fencing. page 11 of 12 TEMPORARY CONSTRUCTION FENCING P • Attachment B PAYMENT SCHEDULE Price per Linear Foot includes all materials, equipment, tools, labor, supervision and taxes to install and remove fence. page 12 of 12 TEMPORARY CONSTRUCTION FENCING 0 • September 8, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT September 12, 2006 ITEM NO. 5-Q REQUEST Approve License to Use Building With BCC RPI Meridian, LLC AGENCY COMMENTS CITY CLERK: See Attached AWeement 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: Date: Staff Initials: Phone: Materials presented at pubpc m"&W shall become property of the City of Meridian. 0 • LICENSE TO USE BUILDING THIS LICENSE TO USE BUILDING (this "Agreement,,), is dated for reference Purposes August 28, 2006, and is by and between the CITY OF MERIDIAN, municipality ("Ci IAN, an Idaho ("City'), and BCC RPI MERIDIAN LLC, a Washington limited liability company ("Owner'). RECITALS A. Owner is the owner of that certain real property legally described on Exhibit A Attached hereto and by this reference incorporated herein (the "Property") on which is located a Building. B. The City desires to use a portion of the Building for the purpose of using the northeast corner of the Building (four classrooms plus the adjacent open area known as the cafeteria space and associated restroom facilities) for an intensive planning session (a "charrette") relating to the Ten Mile Interchange. Owner is willing to allow the City to so use the Building, on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of their mutual promises set forth below, and other good and valuable consideration, the receipt and adequacy of w acknowledged by the parties, the parties hereby agree as follows: ch are hereby AGREEMENT 1 • Use by the City. In consideration of the indemnity and other covenants given by the City in this Agreement, the City shall be entitled to use the Building from 6:00 AM on September 25, 2006, to 12:00 AM September 29 (the "Dates of Possession"). The City acknowledges that the Building is being provided to the City by Owner in an "AS IS — WHERE IS" condition and that the Owner has not made any, and does make any, representations or warranties regarding the condition of the Building or its suitability for the City's proposed use. 2• Clean-upExpenses. The City shall be responsible to maintain the areas used by the City during the Dated of Possession and for all clean-up expenses related thereto. 3 • Idemnity. The City shall indemnify, defend and hold Owner harmless, from and against any and all claims, losses, costs, damages, liability and expenses (including reasonable Property during the Dates of Possession, regardless of its originattorneys' fees) whatsoever that may arise out of or in connection with the City's us . The City does not waive its e of the subrogation rights in regards to third parties. The City shall return the facility erall the same condition the building was in at the time of the City's use. The City does indemnifyot nemnify any conditions that are usually the responsibility of the building owner including any negligent condition of the building at the time of the City's use. The indemnities set forth herein shall survive the termination of this Agreement. 52423\01000\288149.V03 DNL 4. Insurance. Throughout the Dates of Possession, the City shall maintain, at its sole cost and expense, general liability insurance (occurrence form), insuring the City against liability arising out of the use, occupancy or maintenance of the Property by the City with limits of $500,000 per occurrence and provide the Owner a certificate of liability insurance verifying such coverage. 5• Entire Agreement• Modifications, The terms of this Agreement constitute the entire agreement between the parties regarding the subject matter described herein. No Modification to this Agreement shall be binding unless in writing and signed by the parties. 6. Seve_ r WAY. If any provision of this Agreement shall be held illegal or invalid by any court, this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein and this Agreement shall be deemed an agreement of the parties hereto to the full extent permitted by law. If an y provision shall be declared invalid or unenforceable because of its breadth, scope or duration, such provision shall be deemed modified to the extent necessary to make it valid and enforceable and shall remain in full force and effect as so modified, or if not so modified, shall be severable from the rest of this Agreement. 7. Successors. This Agreement is binding on and inures to the benefit of the parties and their successors and assigns. 8. Governing Law- Venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Idaho, without regard to its conflict of law rules. Venue shall be in Ada County, Idaho. 9• Attorne s' Fees. In the event of any dispute, action or proceeding arising out of, relating to or otherwise affecting this Agreement, the substantially prevailing party shall be reimbursed by the other party for all reasonable costs and expenses, including attorneys' fees, incurred by the substantially prevailing party in connection therewith (whether suit or other bankruptcy, proceeding is commenced or not, and at trial, on appeal, in administrative proceedings or in including without limitation proceedings in bankruptcy with respect to relief from stay, allowance of a claim, confirmation of a plan of reorganization and similar matters). 10. Further Assistance. The parties shall execute such further documents and take such other further actions as may reasonably necessa this Agreement. ry to carry out the intent and provisions of 11. CounteMArts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute the same agreement, whether or not all parties execute each counterpart. 12. Facsimile Signatures. A facsimile signature shall be deemed an original signature. After executing this Agreement on a copy sent via facsimile, each party hereto shall 52423\01000\288149.V03 DNL OA • execute an original of this Agreement, provided that each party shall be bound by its obligations and agreements set forth in this Agreement upon the earlier of (i) its execution of the copy sent via facsimile, and (ii) its execution of the original. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the days and years opposite their signatures below. CITY OF MERIDIAN Dated: /Z -Od By: OF Name: Its: Are Val L BCC RPI MERIDIAN LLC � � ��"t • ,o ',1'111Of i i I1 i 11 i 1111 Dated: By: — 52423\01000\288149.V03 DNL Name: Michael K. McKernan Its: Manager 3 EXHIBIT A TO LICENSE TO USE BUILDING LEGAL DESCRIPTION A parcel of land lying in the Southeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, being Lot 1 and a Portion of Lot 2 follows: of JABIL SUBDIVISION, more particularly described as Commencing at the South quarter comer of Section 18, Township 3 North, Range 1 East; thence North 00027'58" East, 1,325.41 feet along the center section line of said Section 18 to the CS 1/16 corner, the Southwest comer of Lot 2 of Jabil Subdivision, according to the official plat thereof, filed in Book 88 of Plats at Pages 10179 and 10180, records of Ada County, Idaho; thence along the boundary of Lot 2 the following; thence continuing North 00027'58" East, 939.34 feet along the West line of the Northwest quarter of the Southeast quarter to a Point of curvature; thence along a curve to the left 66.01 feet, said curve having a radius of 95.00 feet, tangents of 34.40 feet, a central angle of 39'4841", and a long chord bearing South 64048'36" East, 64.69 feet to apoint; thence North 87003'28" East, 100.00 feet to a point; thence North 89039'33" East, 758.00 feet to the Northwest corner -of Lot 1 of Jabil Subdivision, according to the official plat thereof, filed in Book 88 of Plats at Pages 10179 and 10180, records of Ada County, Idaho, the REAL POINT OF BEGINNING of this description; thence along the boundary of Lot 1 the following; thence North 89°39'33" East, 860.51 feet to a point of curvature; thence along a curve to the right 37.04 feet, said curve having a radius of 148.00 feet, tangents of 18.62 feet, a central angle of 14°20'27", and a long chord bearing South 83010'13" East, 36.95 feet to a point of tangency; thence South 76000'00" East, 355.45 feet to a point of curvature; thence along a curve to the left 54.79 feet, said curve having a radius of 212.00 feet, tangents of 27.55 feet, a central angle of 1404832", and a long chord bearing South 83024'16" East, 54.64 feet to a point of tangency; thence North 89°11128" East, 27.07 feet to a point on the centerline of the Hunter Lateral; thence along the centerline of the Hunter Lateral the following; thence South 23°44'13" East, 105.47 feet to a point; thence South 32°26'13" East, 227.50 feet to a point; thence South 35°10'55" East, 277.80 feet to a point; thence South 42°26'19" East, 9.12 feet to a point leaving the centerline of the Hunter Lateral; thence South 00°31'12" West, 82.42 feet to a point; thence South 05°14'44" West, 257.09 feet to a point on the North right-of-way of I-84; thence along the North right-of-way line of I-84 the following; thence North 89°32'33" West, 815.10 feet to a point; thence South 84°33'33" West, 200.89 feet to a point; thence North 89033'18" West, 614.82 feet to a point; thence leaving said boundary of Lot 1 and following 52423\01000\288149.V03 DNL ! 0 along the boundary of Lot 2 the following; thence continuing North 89033'181 West, 39.45 feet to a point; thence North 28°43'02" West, 49.47 feet to a point; thence South 89038'18" West, 64.79 feet to a point, thence North 00000'00" East, 129.00 feet leaving boundary of Lot 2 to a point; thence North 90°00'00" East, 94.71 feet to a point; thence North 56°10'38" East, 40.08 feet to a point on the boundary of Lot 1; thence North 00°00'00" East along said boundary 765.09 feet to the REAL POINT OF BEGINNING of this description. Excepting: Township 3 North, Range 1 East, Boise Meridian, and A parcel located in the Northeast quarter of the Southeast quarter of Section 18, Book 88 of Plats at Page 10,179, records of Ada being a part of Lot 1 in Block 1 of JABIL SUBDIVISION, according to the official plat thereof, filed in County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the Northeasterly comer of said Northeast quarter of the Southeast quarter from which a brass cap monument marking the Southeasterly corner of the Southeast quarter of said Section 18 bears South 0'30'32" West, a distance of 2,659.49 feet; thence South 0'30132" West along the Easterly boundary of said Northeast quarter of the Southeas quarter, a distance of 519.92 feet to a point; thence North 89'2928" West, a distance of 410.54 feet to the POINT OF BEGINNING; thence South 23'45'13" East, a distance of 4.79 feet to a point; thence a distance of 69.12 feet along the arc of a 332.00 foot radius non -tangent curve right, said curve having a radius bearing North 0'00'53" East, a central angle of 11'55'46" and a long chord bearing North 84`01'14" West, a distance of 69.00 feet to a point; thence a distance of 39.98 feet along the are of a 212.00 foot radius non -tangent curve left, said curve having a radius bearing North 9'59'12" East, a central angle of 10'48'21 " and a long chord bearing South 85'24'59" East, a distance of 39.92 feet to a point; thence North 89'10'51 " East, a distance of 26.90 feet to the POINT OF BEGINNING. 52423\01000\288149.V03 DNL 2 F_ L_ September 8, 2006 MERIDIAN CITY COUNCIL MEETING 11 Department Reports September 12, 2006 APPLICANT Public Works Department ITEM NO. 6-A-1 REQUEST Discussion of North Black Cat Lift Station Project: 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. Sharon Smith 0 From: Brad Watson Sent: Thursday, September 07, 2006 3:12 PM To: Will Berg; Sharon Smith; Tara Green Subject: 9/12 Council Agenda Attachments: well 16 easement.PDF; 9-12-06.council.position changes.mem.doc CED I have the following three: SEP 0 ? 2008 City of Meridian Consent Agenda City Clem Office 1. Encroachment Easement Agreement at Well No 16. Memo & easement attached in pdf. 2. Staffing Amendment Request — Public Works Department. Memo attached in MSWord. PW Department Report Discussion of North Black Cat Lift Station Pro'ect. No documentation. Thank you, BRW well 16 9-12-0q.coun ment.PDF Wposition chanc September 8, 2006 VAR 06-019 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Big River, LLC ITEM NO. 8 REQUEST Public Hearing: Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision -- 5450 and 5500 Larkwood Place: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report 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: Emailed: See Attached Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 8, 2006 FP 06-040 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Big River, LLC ITEM NO. 9 REQUEST Final Plat approval for 28 single-family residential building lots and 3 common/other lots on 11.5 acres in an R-4 zone for Cardigan Bay Subdivision - 5450 and 5500 Larkwood Place AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report 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 property of the City of Meridian. 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF BIG RIVER, ) LLC FOR FINAL PLAT APPROVAL ) OF 28 SINGLE-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 3 COMMON LOTS/OTHER ) LOTS ON 11.5 ACRES IN AN R-4 ) ZONE LOCATED AT 5450 AND ) 5500 LARKWOOD PLACE IN THE ) SE 1/ OF SECTION 30, T. 4N., R. 1E ) C/C September 12, 2006 CASE NO. FP -06-040 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 September 12, 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: September 12, 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 CARDIGAN BAY SUBDIVISION LOCATED IN THE SE 1/ OF SECTION 30. T. 4N., R. 1E., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 08/01/06, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CARDIGAN BAY SUBDIVISION / (FP -06-040) Page 1 of 4 ENGINEERING SOLUTIONS, LLP", BIG RIVER, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 12, 2006, listing 20 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 Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their September 12, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CARDIGAN BAY SUBDIVISION / (FP -06-040) Page 2 of 4 • 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 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 CONDMONAL APPROVAL OF FINAL PLAT FOR CARDIGAN BAY SUBDIVISION / (FP -06-040) Page 3 of 4 a 0 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—A2111 —1day By: 400 ``ii1ilt// YOR ATTEST: � ,�� 0 SEAL WILLIAM G. BERG, JFV,L i Copy served upon: V/ A t tit�Q PP , �- Planniii!g�� t%% -4•`• �H 111 Public Wor�Csll'jepartment _ ,,*f City Attorney By: City Clerk's Office Dated: 'q--Z5-0U ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CARDIGAN BAY SUBDIVISION / (FP -06-040) Page 4 of 4 de WEERD CITY OF MERIDIAN PLIWING AND PUBLIC WORKS DEPA10ENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: September 12, 2006 Transmittal Date: August 24, 2006 Mayor and City Council - � 1�4F."�C-�iW�.k.'1.-r i 4e Sonya Watters, Assistant City Planner &n., Michael Cole, Development Services Coordinator M C Cardigan Bay Subdivision Request for Final Plat Approval of 28 Single -Family Residential Lots and 3 Common/other Lots on 11.5 Acres in the R-2 and R-4 Zoning Districts, by Engineering Solutions, LLP (File No. FP -06-040). 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, Engineering Solutions, LLP, has requested final plat approval of 28 single-family residential building lots and 3 common/other lots on 11.5 acres in the R-2 and R-4 zoning districts for Cardigan Bay Subdivision. The gross density of this subdivision is 2.43 dwelling units per acre. The net density is 2.66 dwelling units per acre. Cardigan Bay Subdivision is located at 5450 and 5500 Larkwood Place, approximately % mile north of E. McMillan Road and 1/a mile west of N. Locust Grove Road, in the SE %4 of Section 30, TAN., R.1E. Staff finds that the proposed final plat is consistent with the approved preliminary plat. Staff recommends approval of Cardigan Bay Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -06-010) and preliminary plat (PP - 06 -008) for this subdivision. 2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Fencing along the perimeter of the subdivision shall be installed prior to release of building permits for this subdivision. 3. The temporary turn -around easement appears as if it is being dedicated via the platting process. To aid in vacating of this easement, staff recommends that this easement be dedicated via a separate document with the instrument number of the document being shown on the face of the plat. 4. The existing houses shall be required to connect to City sewer and water. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and the actual physical connection to the services prior to Certificates of Occupancy being released. Exhibit "A" FP -06-040 Cardigan Bay Sub FP.doc PAGE 1 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAIWENTS STAFF REPORT 5. 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. 6. 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. 7. The bearings for the exterior boundary of this subdivision do not appear to match the bearings of record for Larkwood Subdivision. The applicant shall include the bearings of record in parenthesis on the face of the plat. 8. Lots 13-18, Block 3 shall meet the dimensional standards of the R-2 zoning district. Lots 1-7 and 9-12, Block 3 and Lots 1-7 and 9-12, Block 1 shall meet the dimensional standards of the R4 zoning district as currently depicted on the plat. 9. No street parking shall be allowed along Lot 8, Block 1 and Lot 8, Block 3, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Departments comments approved with the preliminary plat. 10. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintained by the Homeowner's Association, and also that it will connect to the pressurized irrigation system to the south, which is a Settlers system. Prior to plan approval the applicant shall clarify who is operating the system. If it is to be a private system then plans will be reviewed by the Public Works Department during the plan review process, and a Draft Operations and Maintenance Manual shall be submitted prior to plan approval, with a final being submitted prior to signature on the plat. If it is to be owned by an Irrigation District a letter of plan approval from Settlers Irrigation District shall be submitted prior to scheduling of a pre - construction meeting. 11. 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. 12. The applicant shall install sewer and water mains to and through this proposed development. The 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. 13. Per preliminary plat condition 2.3, this development shall have two water main connections prior to occupancy. 14. The applicant shall be required to install sewer and water mains along their full frontage of N. Larkwood Place. 15. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- Exhibit "A" FP -06-040 Cardigan Bay Sub FP.doc PAGE 2 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAOENTS STAFF REPORT 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 17. Revise or add the following note(s) on the face of the plat prepared by Idaho Survey Group, stamped on 8/1/06 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: (10.) Replace note: "Fencing adiacent to Lot 8 Block 1 and Lots 8 Block 3 shall be in compliance with the Fencing Standards of the City of Meridian in effect at the time of issuance of the fence permit " 18. The landscape plan, prepared by Harvest Design and dated 8/4/06 shall be revised as follows: a. Fencing adjacent to Lot 8, Block 3 and Lot 8, Block 1 (the common area lots) shall not exceed 4 feet in height if constructed of a closed vision material or 6 feet in height if constructed of an open vision material; revise plan accordingly. b. Include the tree class in the Plant Material Legend. C. The pathway on Lot 8, Block 3 is called out as being a 5 -foot wide pathway. It scales out at 14 -foot wide; revise plan to reflect the correct width. 19. Complete the Certificate of Owners and the accompanying acknowledgement. 20. 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 waterways, that intersect, cross or he within the area being subdivided shall be covered. 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. 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. Exhibit "A" FP -06-040 Cardigan Bay Sub FP.doc PAGE 3 CITY OF MERIDIAN PLIWING AND PUBLIC WORKS DEPAOENTS STAFF REPORT 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 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. 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 se 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 Cardigan Bay Subdivision (FP -06-040) with the above stated comments and conditions. Exhibit "A" FP -06-040 Cardigan Bay Sub FP.doc PAGE 4 0 fGINEERING planning and eng<neen'ng e'a in6 Fdfvre aOLUTIONSLLP September 12, 2006 0 150 East Aikcns Sircel. Stlilc B Eaglc. 1D 83616 Phone: (208) 938-098() Fax: (208) 938-0941 E-mail: es-bcckym(4r gwcst.nct Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Cardigan Bay Subdivision Final Plat File No. FP -06-040 Dear Mayor and Council: We have reviewed the staff comments prepared for the Meridian City Council meeting of September 12, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. C! DOCUmenls and Settingsallenslocal Settings'Tetnporw Internet Files-OLK601'%ReesRc.ponse2 (2).doc Exhibit "13" i Mayor and City Council September 12, 2006 Page 2 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. Noted. C: ]hicumentx and Settings allens Local SdIingsTemporary Internet Piles OLK601 RecsResponse2 (2).doe Exhibit "H" Mayor and City Council September 12, 2006 Page 3 We appreciate staff's favorable recommendation of our request. Thank you. Sincerely, Fngineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. Dave Callister C Uocumems and Settings aliens Local Sellings Temlwary Internet Piles OI,K601 ReesRcsnonsc2 (2).do: Exhibit 'B" September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT America West Homes, LLC AZ 06-013 ITEM NO. 10 REQUEST Continued Public Hearing from September 5, 2006 - Request for Annexation and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury Commons Subdivision -- South of Pine Avenue and East of Ten Mile Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 8, 2006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT America West Homes, LLC PP 06-011 ITEM NO. 11 REQUEST Continued Public Hearing From Sept. 5, 2006 - Request for Preliminary Plat approval of 122 residential lots (50 4-plexlots and 72 townhouse lots) and 10 common lots on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision -- S. of Pine Ave, E. of Ten Mile Rd AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 8, 2006 CUP 06-006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT America West Homes, LLC ITEM NO. 12 REQUEST Continued Public Hearing from Sept 5, 2006 - Request for a CUP to construct a multi- family development consisting of 200 4-plex units on 50 lots & 72 townhouse units on 21.77 acres in a proposed R-15 zone for Canterbury Commons Subdivision — S. of Pine Ave, E. of Ten Mile Rd AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 8, 2006 MERIDIAN CITY COUNCIL MEETINGSeptAZ 06-034 September 12, 2006 APPLICANT David N. Price ITEM NO. 13 REQUEST Public Hearing - Request for Annexation and Zoning of 2.95 acres from R-4 (Ada County) to L -O for Ashtyn Park Annexation — 201 W. Ustick Road:- AGENCY oad: AGENCY CITY CLERK: COMMENTS CITY ENGINEER: See P & Z Item Packet / Minutes CITY PLANNING DIRECTOR: See Attached Recommendation CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 8, 2006 AZ 06-033 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Rob Godsill ITEM NO. 14 REQUEST Public Hearing - Request for Annexation and Zoning of 7.6 acres from RUT (Ada County) to 6 acres of R-4 and 1.6 acres of R-8 for Benelli Springs Subdivision — 3420 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: See P & Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Recommendation 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. September 8, 2006 PP 06-041 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Rob Godsill ITEM NO. 15 REQUEST Public Hearing - Request for Preliminary Plat approval of 17 single family units a proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Springs Subdivision -- 3420 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See P & Z Item Packet / Minutes See Attached Recommendation Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 8, 2006 RZ 06-006 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT John Flaherty Construction ITEM NO. 16 REQUEST Public Hearing - Request for Rezone of 6.82 acres from R-8 to R-15 for Cedar Springs Townhomes -- south of W. McMillan and west of N. Meridian Road: AGENCY COMMENTS CITY CLERK: See P & Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Recommendation 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. September 8, 2006 PP 06-033 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT John Flaherty Construction ITEM NO. 17 REQUEST Public Hearing - Request for Preliminary Plat approval of 48 attached single family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on 11.05 acres for Cedar Springs Townhomes —S/o W. McMillan & W/o N. 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: Emailed: Date: COMMENTS See P & Z Item Packet / Minutes See Attached Recommendation Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 8, 2006 VAC 06-011 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Beachwood Builders, Inc. ITEM NO. 18 REQUEST Public Hearing - Vacation of the public utility, drainage and irrigation easement common to Lots 3 & 4, Block 3 for Jayden Village Subdivision - 3059 & 3077 N. Christian Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 8, 2006 MWIT.W.111"IN MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Cherry Lane Christian Church ITEM NO. 19 REQUEST Public Hearing: Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the CUP requirement for construct- ion north of Ten Mile Creek — NWC of W. Franklin Road & N. Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Attached Staff Report MERIDIAN POST OFFICE: OTHER: See Attached Request to Continue by BRS Architects Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • September 8, 2006 AZ 06-004 MERIDIAN CITY COUNCIL MEETING September 12, 2006 APPLICANT Treehaven, LLC ITEM NO. 20 REQUEST Ordinance No. -- Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 (79.82 acres), C -N (17.26 acres) and C -C (28.45 acres) for The Tree Farm -- n/o Chinden on both sides of Black Cat AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Ordinance q6' 1X63 ,� Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DA -yAYARR0 AMOUNT .00 16 BOISE IDAHO 09/21/06 01:3.9 P DEPUTY Patti Thompson II I'II�II'II'II'II'IIiII'I'IIII I I III RECORDED -REQUEST OF CHy of Meridian 106151217 CITY OF MERIDIAN ORDINANCE NO. t0 a' - / 2 13 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-004 TREE FARM) FOR ANNEXATION OF PROPERTY BEING SITUATED IN SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (LOW DENSITY RESIDENTIAL) R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT), R-15 (HIGH DENSITY RESIDENTIAL DISTRICT), C -C (COMMUNITY DISTRICT), AND C -N (NEIGHBORHOOD BUSINESS) 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: MDC, LLC; Doug and Meredith Carnahan; Chester Properties, LLC; and Treehaven, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential District), R-8 (Medium Density Residential District), R-15 (High Density Residential District), C -C (Community District), and C -N (Neighborhood Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ -06-004 TREE FARM Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ''day of , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 12 to day of 6 -GL. .2006 MAYOR TAAVKY de WEERD ANNEXATION OF AZ -06-004 TREE FARM Page 2 of 3 A WILLIAM G. BERG, STATE OF IDAHO, ) ) ss. County of Ada ) \al`\e�,t,1t 1111 a Par/r/e/% BEAL On this t2."'' day of 0jcpjC r**#' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. tJw NOTARY PUBLIC FOR IDAHO RESIDING AT: Ca 1 , Y ' 110 MY COMMISSION EXPIRES: 1-11 OF AZ -06-004 TREE FARM Page 3 of 3 EXIiiBIT A ' ANNEXATION Anderson Survey Group.come A parcel of land situated in Section 22, Township 4 North, Rarngs 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet to the True Point of Beginning; thence continuing along South Line of said Section 22, North 8901739" West a distance of 1353.62 feet; thence continuing North 89017'09" West a distance of 2647.16 feet to the comer common to Sections 21, 22, 27 and 28; thence along the South line of said Section 21 North 8902446" West a distance of 1307.51 feet; thence leaving said South line North 00°22'50" East a distance of 2039.08 feet to a point on the South bank of the Phyllis Canal; Thence along said South Bank the following (9) courses and distances: North 80033'30" East a distance of 494.25 feet; thence Nbrth 60"40'00" East a distance of 951.83 feet; thence South 00°31'08" West a distance of 69.65 feet; thence North 65046'04' East a distance of 851.18 feet; thence North 79037'32" East a distance of 745.64 feet; thence South 00065'34" West a distance of 6.99 feet; thence North 78021'21" East a distance of 245.06 feet; thence South 84°30'54" East a distance of 198.80 feet; thence South 80W45" East, 442.89 feet; thence leaving said South line South 00'28'13" West a distance of 494.11 feet; thence South 893002" East a distance of 777.64 feet to a point being (when measured -at right angles to) 330.00 feet distant from the Westerly line of the Southeast Quarter of said Section 22; thence along aline being parallel with and 330.00 feet distant from said Westerly One, North 00030'03" East a distance of 84.85 feet; thence South 42"1438" East a distance of 18.67 feet; thence South 00'26'23" West, 80.50 feet; thence South 86'31'27" East a distance of 189.70 feed thence South 47'28'09" East a distance of 249.32 feet; thence North 00'2621' East a distance of 461.56 feet to a point on the south bank of the Phyllis Canal; thence along said South bank the following four (4) courses and distances; South 89°25'59' East a distance of 230.01 feet thence North 85"28'24" East a distance of 330.36 feet; thence North 73°44'36" East a distance of 467.78 feet thence North 79056'07" East a distance of 931.30 feet to a point on the East One of said Section 22; thence along said East line, South 00'28'39" West a distance of 400.03 feet to the East one-quarter comer of said Section 22, said point being marked by a brass cap; thence continuing along said East line, South 00'20'09' West a distance of 1317.57 feet to a point marked by a 6/8" rebar, thence leaving said East One, North 89' 18'34" West a distance of 1291.77 feet to a point marked with a SW rebar, thence South 00'25'06" West a distance of 1316.97 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel commendng In the Southeast comer of Section 21, said point being marked by an alumlhum cap, thence North 00'16'30' East a distance of 914.93 feet to the True Point of Beginning; thence North 44020100" West a distance of 137.71 feet; thence North 58"26'30" West a distance of 138.52 feet; thence North 83'03100" West a distance of 187.68 feet; thence South 81"20'00" West a distance of 156.89 feet; thence North 00'33'30" East a distance of 245.48 feet; thence North 79'31'00" East a distance of 103.70 feet; thence North 67'23'00" East a distance of 104.89 feet, thence North 86'38'00" East a distance of 357.39 feet (formerly North 86'32.30° East a distance of 357.98 feet); thence South 00'16'30" West a distance of 495.93 feet to the Point of Baninnina. Annexation Parcel contains 358.67 acres, more or less. , 357 E. Yatertoxer tn., Suite F. Heridieo. 10 93642 P.209.888.7345 • f 280 089.714a SEP 0 , 2006 MERIDIAN WORKS DEPT, EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT - THE TREE FARM Page 14 of 78 RS!Ro EXHIBIT A MODIFIED PARCEL 1 ZONED R-16 Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West a distance of 1418.61 feet to the True Point Of Beginning; Thence continuing along said South line, North 89°17'39' West a distance of 1278.66 feet to the Southeast comer of the Southeast Quarter of said Section 22; thence continuing along said South line; North 89°17'09" West a distance of 50.05 feet to a point; thence leaving said South line, North 00°42'51" East a distance of 154.07 feet to point; thence along a curve to the right have a radius of 700.00 feet, an arc length of 403.37 feet and through a central angle of 31"00'58", with a chord bearing of North 17°13'20" East, a chord distance of 397.81 feet to a point of reverse curvature; thence along a curve to the left having a radius of 500.00 feet, an arc length of 292.41 feet, through a central angle of 33°30'26", with a chord bearing North 16°58'36" East, a chord distance of 288.26 feet to a point; thence North 86059'29" East a distance of 143.11 feet to a point of curvature; thence along a curve to the left, having a radius of 450.00 feet, an arc length of 514.04 feet, though a central angle of 65°26'58", with a chord bearing North 54016'00" East, a chord distance of 486.54 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 800.00 feet, an arc distance of 545.60 feet, through a central angle of 39°04'33" with a chord bearing North 41004'48" East, a chord distance of 535.09 feet to a point; thence North 60"37'04 East a distance of 178.07 feet to a point; thence South 29°22'560 East a distance of 335.65 feet; thence North 54°16'00" East thence South 89"18 '34" East a distance of 125.00 feet; thence South 00°25'06" West a distance of 1316.93 to the Point Of Beginning. Said parcel contains 31.38 acres, more of less. End description C-�� Project No. 05132May 25, 2006 351 E. Yatertawer la.. - Suite F. Meridian. 10 83642 P.208.888.7345 - EIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT - THE TREE FARM REVi nPVAL BY MERIDIAN WORKS DEPT Page 15 of 78 Anderson Survey Group.ramo EXHIBIT A Legal Description The Tree Farm Parcel 1A A parcel of land situated In the South Half of Section 22, Township 4 North, Range 1 (Nest of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West a distance of 1293.61 feet to the True Point Of Beginning, Thence North 89017'39' West a distance of 125.00 feet; thence North 00025'06" East a distance of 1316.93 feet thence- South 89"18'34" East a distance of 125.00 feet; thence South 00°25'06" West a distance of 1316.97 feet to the Point Of Beginning. Said parcel contains 3.78 acres, more of less. End description Project No. 05132 Q &`�- "-h May 25, 2006 7314 IH 357 E. Matertatrer tn.. • Suite F. Meridian. 18 83642 P.288.888.7345 REVI gFP�pVAL BY v m+, a M MERIDIAN PUBLIC WORKS DEPT. EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM Page 16 of 78 ASG A Anderson Survey Group.com V EXHIBIT A PARCEL 2 ZONED R-2 Legal Description A parcel of land situated In Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow. Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89'17"39" West a distance of 1293.61 feet; then North 00025'06" East a distance of 1316.97 feet to the True Point Of Beginning; Thence North 29"22'56" West a distance of 335.85 feet; thence North 60°37'0" East a distance of,00 feet, feet to a radius of 3000.00 fpoint of curve; thence along a curve to the left having a an arc length of 302.88 feet and through a central angle of 5750'47", with a chord bearing North 31°41'41° East a distance of 29018 feet to a point Of reverse curve; thence along a curve to the right having a radius of 500.00 feet, an arc length of 335.63 feet and through a central angle of 3802739`, with a chord bearing North 22000'08" East a distance of 329.37 feet; thence North 41013'58" East a distance of 517.90 feet to a point of curare; thence along a curve to the left having a radius. of 200.00 feet, an arc length of 182.76-fet and through a central angle of 52021'251,. with a Chord bearing North 15003'13" East a distance of 176.47 feet; thence North 11"07"30" West a distance of 80.25 feet to a along said South line, point on the South line of the Phyllis Canal;• thence North 79"58'07"' East a distance of 639.11 feet to a poirit on -the East line of said Section 22; thence along said East line, South 00°28'39" West a distance of 400.03 feet to the East on being marked by a brass ca o -quarter termer of said One, S 22, said ppooint West a distance of 1317.57 f fast point mar gked by said East One, South leaving said East line, North 89`18'34" West a distance of 1291.77 feet 1518" o a paint thence awng said rebar being the Point of Beginning. po with a 5/8" Containing 38.70 acres, more or less. End of Description Project No. 05-132 December 14, 2005 357 E. Watertower Ln.. . Suite F. Nerldian. 18 83642 P.208.888.7345 • F-200.888.7354 EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM E M DIAN WORKS OEp� Page 17 of 78 EXMIT A Anderson Survey Group.com Page 1 of 2 PARCEL 3 ZONED R-8 A parcel of land situated in Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22; thence along the South line of said Section, South 89°17'39" West a distance of 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39" West a distance of 1353.62 feet to a point; thence continuing North 89°17'09" West a distance of 2647.16 feet to the comer common to Sections 21, 22, 27 and .28; thence along the south line of said Section 21 North 89°24'46" West a distance of 1307.51 feet; thence leaving said South line North 00°22'50" East a distance of 859.78 feet to the TRUE POINT OF BEGINNING; Thence North 00122'46" East a distance of 1179.29 feet to a point on the South bank of the Phyllis Canal; Thence along said South Bank the following (9) courses and distances: North 80°33'30" East a distance of 494.25 feet; thence North 60140'00" East a distance of 951.83 feet; thence South 00°31'08" West a distance of 69.65 feet; thence North 65°46'04" East a distance of 651.16 feet; thence North 79037132" East, 87.63 feet; thence South 21°19'02" East, 356.05 feet to a point of curvature; thence along a curve to the right, having a radius of 200.00 feet, an arc length of 96.06 feet and through a central angle of 27°31'07", with a chord bearing South 07133'29" East, a chord distance of 95.14 feet to a point; thence South 06012'05" West, 237.43 feet to a point; thence along a curve to the right, having a radius of 750.00 feet, an arc distance of 575.01 feet and through a central angle of 43°55'39", with a chord bearing South 65°51'03" East, a chord distance of 561.03 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 250.00 feet, an arc distance of 188.18 feet and through a central angle of 43°07'41", with a chord bearing South 65°27'04" East, a chord distance of 183.77 feet to a point; thence South 87°00'55" East, 81.62 feet to a point of curvature; thence along a curve to the left, having a radius of 400.00 feet, an arc distance of 196.26 feet and through a central angle of 28°06'46", with a chord bearing North 78°55'42" East, a chord distance of 194.30 feet to a point; thence along a curve to the right having a radius of 450.00 feet, an arc distance of 769.67 feet and through a central angle of 97059'50" , with a chord bearing North 41°30'03" East, 679.22 feet; thence South 89°30'02" East, 777.64 feet to a point; thence North 00°30'03" East, 84.85 feet to a point; thence South 42°14'38" East, 18.67 feet to a point; Thence South 00°26'23" West, 80.50 feet to a point; Thence South 86°31'27" East, 189.70 feet to a point; Thence South 47°28'09" East, 249.32 feet to a point; thence North 00°26'21" East, 461.56 feet to a point; Thence South 89°25'59" East, 230.01 feet to a point; thence North 85°28'34" East, 330.36 feet to a point; thence North 73°44'36" East, 467.78 feet to a point; Thence North 79°58'07" East, 292.19 feet to a point; thence South 11107'30" East, 80.25 feet to a point of curvature; thence along a curve to the right, having a radius of 200.00 feet, an arc distance 182.76 feet and through a central angle of 52°21'26", having a chord bearing South 15'03'13" West, a chord distance of 176.47 feet to a point; thence South 41°13'56" West, 517.90 feet to a point of curvature; thence along a curve to the left, having a radius of 500.00 feet, an arc distance of 335.63 feet and through a central angle of 38°2739", with a chord bearing South 22°00'06" West, a chord distance of 357 E. Watertower La.. • Suite F. Meridian. 10 83642 P.208.888.7345 • F. 21101 iVI.?:754 329.37 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 300.00 feet, an arc distance of 302.88 feet and through a central angle of 57°50'41", with a chord bearing South 31°41'41" West, a chord distance of 290.18 feet to a point; thence South 60037'04" West, 396.71 feet to a point of curvature; thence along a curve to the left, having a radius of 800.00 feet, an arc distance of 545.60 feet and through a central angle of 39°04'33", with a chord bearing South 41°04'48" West, a chord distance of 535.09 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 450.00 feet, an arc distance of 514.04 feet and through a central angle of 65°26'58", with a chord bearing South 54°16'00" West a chord distance of 486.54 feet to a point; thence South 86°59'29" West, 143.11 feet to a point; thence along a curve to the left, having a radius of 500 feet, an arc distance of 29.99 feet and through a central angle of 03'26'12", with a chord bearing North 01°29'43" West, a chord distance of 29.99 feet to a point; thence North 03°12'49" West a distance of 72.76 feet to a point of curvature; thence along a .curve to the left, having a radius of 200.00 feet, an arc distance of 156.88 feet and through a central angle of 44°56'32", with a chord bearing North 25°41'05" West, a chord distance of 152.89 feet to a point; thence North 48°09'21" West, 172.87 feet to a point of curvature; thence along a curve to the left, having a radius of 550.00 feet, an arc length of 701.23 feet and through a central angle of 73°03'01", with a chord bearing North 84°40'52" West, a chord distance of 654.69 feet to a point; thence South 58°47'38" West, 502.91 feet to a point of curvature; thence:along`;: a curve to the right, having a radius of 1200.00 feet, and arc distance of 949;72 feet and through a central angle of 45°20'44", with a chord bearing South 81 °2$'.OU" , `W.est, .a chord distance of 925.12 feet to a point; thence North 75°51'38":<::Wesf a dist n' ce`'of° 618.15 feet; thence North 00016130" East a distance of.:463 90 `-feet;.::thence.:>Soudi 86°36'00" West a distance of 357.39 feet (formerly South .:W3.2'30" West R -distance of 357.98 feet); thence South 67°23'00" West a distance of ':104,$9, 'feet; ,:thence: -,South 79°31'00" West a distance of 103.70 feet; thence Sputh M033'30" West a .distance of 245.48 feet; thence North 81°20'00" East a distance' of 156.89 ..feet; thence 'South 83003'00" East a distance of 187.58 feet; th.ence;'3.outh 58°26'30" East a `distance. of 138.52 feet; thence South 44020'00" East a.:.&t*ance of 78.25 feet; :whence North 75°51'38" West, 264.25 feet; to a point of curvature; thence along a curve to the left, having a radius of 750.00 feet, an arc length of 421.71 feet and through a centralangle of 32012'58", with a chord bearing South 88°01'53" West, a chord distance of 416.17 feet to a point; thence South 71155'2411 West, 352.27. -feet to a point of curvature; thence along a curve to the.right, having a radius of 500.-60 feet, an arc distance, of 155.06 feet and through a central angle of 17°46'08", witli:a .chord bearing South 80°48'28" West chord distance of 154.44 feet to a point; thence South 89°41'32" West a dist'a Llk 105.04 feet to a point, the Point of Beginning. ��5 CsfiT� Said parcel containing 167.02 acres, more or less.. :7314 SES�0��� s� o MEgIDIAN PUBLIC tJ 0 Q WORKS OEEPT. 357 E. Watertawer Ln.. • Suite F. Meridian. ID 83642 P. 288.888.7345 • F. 288.888.7354 0 0 RS A. Anderson Survey Froup.com w EXHIBIT A PARCEL 4 ZONED R-2 Legal Description A=,of land situated In Section 22, Township 4 North. Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South One of sold Section 22, North 8901739" West, 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39° West a distance of 1353.62 feet; thence continuing North 89017'09" West a distance of 2647.16 feet to the comer common to Sections 21, 22, 278 and 28; thence along the south line of said Section 21 North 8902448" West a distance of 1307.51 feet; thence leaving said South line North 0002250" East a distance of 2039.08 feet to a point on the South bank of the -Phyllis Canal; Thence along said South Bank the following (9) courses and distances: North 80"3330" East a distance of 494.25 feet; thence North 60040'00" East a distance of 951.83 feet; thence South 00031'08" West a distance of 69.65 feet; thence North 65046'04" East a distance of 651.16 feet; thence North 79037'32" East a distance of 87.63 feet to the TRUE POINT OF BEGINNING; Thence North 79037'32" East a distance of 658.01 feet; thence South 00055'34" West a distance of 6.99 feet; thence North 7802121" East a distance of 245.06 feet;.thencd South 84030'54" East a distance of 198.80 feet; thence South 80°22'45" East, 442.89 feet; thence leaving said South line South 00028'13" West, 494.11 feet to a'polni; thence along a curve to the left having a radius of 450.00 feet, angarc length of 769.67 feet and thro679.22 feet ttheh a nlce angle longg a curvarlo,t erigbt hawing bearing of 400 8,fee" feet an length of 196.26 feet and through a central angle of 28°0648" with a chord bearing South 78"55'42" West, a chord distance of 194.30 feet to a point; thence North 87"00'55" West, a distance of 81.62 feet to a point of curvature; thence along a curve to the right, having a radius of 250.00 feet, an are distance of 188.18 feet and through a central angle of 43°07'41", with a chord bearing North 65027'04" West, a chord distance of 183.77 feet to a point of reverse curvature; thence along a curve to the left,*having a radius of 750.00 feet, an arc distance of 575.01 feet and through a central angle of 43°55'39", with a chord bearing North 65051'03" West, a chord distance of 561.03 feet to a point; thence North 06"12'05" East, 237.43 feet to a point of curvature; thence along a curve to the left, having a radius of 200.00 feet, an are length of 98.06 feet and through a central angle of 27031'07", with a chord bearing North 07"33'29" West, a chord distance of 95.14 feet to a point; thence North 21 "19'0Z West, 356.05 feet to feet to the Point of Beginning. Said parcel containing 27.32 acres, more or less. End of Description Project No. 05132 December 14, 2005 357 E. itatertewer tn.. " Suite F. Berldian. 10 83642 P.208.806.7345 " F. 208.888.7354 EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT - THE TREE FARM REV ROVAL BY C MERIDIAN PftBUC WORKS DEPT Page 20 of 78 Anderson Survey Group.com EXHIBIT A PARCELS ZONED CN Legal Description A parcel of land situated in the south one-half of the Northeast Quarter and In the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow. Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22 North 89017'39" West, 2647.23 feet to the Southeast comer of the Southeast Quarter of said Section 22; thence continuing along said South line, North 89°17'09" West, 60.06 feet to the True Point Of Beginning, Thence continuing along said South line, North 89017'09" West, 1243.07 feet to a Point; thence leaving said South line, North 01"59'10" East, 343.83 feet to a point of curvature, thence along a curve to the right, having a radius of 150.00 feet, an arc distance of 221.56 feet and through a central angle of 84037'42", with a chord bearing North 44018'01" East, a chord distance of 201.98 feet to a' point of reverse curvature; thence along a curve to the left, having a radius of 1000.00 feet, an arc length of 470.27 feet and through a central angle of 26°56'40 with a chord bearing North 73'08'32" East, a chord distance of 465.95 feet to a point of reverse curvature; thence along a curve to the right, having a radius of 500.00 feet, an arc distance of 494.38 feet and through a central angle of 66'39'05 having a chord bearing North 87059'45' East, a chord distance of 474.48 feet to a point; thence South 63'40'43" East, 311.09 feet to a point of curvature; thence along a curve to the left, having a radius of 700.00 feet, an arc distance of 383.59 feet and though a central angle of 31023'490, having a chord bearing South 16'24'45" West, a chord distance of 378.80 feet to a point; thence South 00'42'51"West, 154.07 feet to a point, the Point Of Beginning. Said parcel containing 17.26 acres, more or less. End description Project No. 05132 December 14, 2005 357 E. Watertower Ln.. . Suite F. Meridian. 10 83642 P.208.888.7345 . F.208.888.7354 MERIDIAN WORKS DEPT.10 EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY DEVELOPMENT AGREEMENT — THE TREE FARM Page 21 of 78 RS A Anderson Survey Group.coro�, E7Qi iBIT A PARCEL 6 ZONED R-15 Legal Description A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1 West of the B019e Meridian, Ada County, Idaho, being more particularly described as follow. Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum caA thence along the South lime of said Section 22, North 89°17'39" West, 2647.23 feel to the Southeast comer of the Southeast Quarter of said Section 22; thence c ouing line, North 89-17-09-Wesk 1293.12 feet to the True Point Of BegiunhM along sd South Thence continuing along said South line, North 89°17'09" West, 992.11 feet to a point; thence leaving said South line, along a curve to the right, having a radius of 2400.00 feet, an are length of 839.93 fleet and through a central angle of 20°03'06", with a chord bearing North 15°42116" East, a chord distance of 935.65 feet to a point; thence South 75051'38" East, 16.37 feet to a point of curvature; thence along a curve to the left, having a radius of 1200.00 feet, an arc l 949.71 feet and through a central angle of 45°20'44", ength of with a chord bearing North 81°28'00" Fast; a Chord distance of 925.12 feet to a point thence North 58047'38" Pas% 50291 feet to a point of curvature; thence along a curve to the right, having a radius of 550.00 feet, an arc distance of 70123 feet and through a central angle of 73003101", with a chord bearing South 84040'52" East, a chord distance of 654.69 feet to a point; thence South 48°09'21" East, 172.87 feet to a Point of curvature; thence along a curve to the right, having a radius of 200.00 feet, an arc length. Of 156.88 feet and through a central angle of 44°56'32" with a chord bearing South 25°41'05" East a chord distance of 152.89 feet to a point; thence South 03012'49" Las4 72.76 feet to a point of curvature; thence along a curve to the right, having a radius of 500.00 feet, an we distance of 322.40 feet and through a central angle of 36°56'38'; with a long chord bearing South 15°15'30" West, a chord distance of 316.84 feet to a point of reverse curvature, thence along a curve to the laft, having a radius of 700.00 feet, an arc distance of 19.78 feet and through a central angle of 1°37'09", with a chord bearing South 32°55'14"W ', a chord distance of 19.78 feet to a point; thence North 63040'43" West, 311.09 feet to a point of curvabre; thence along a curve to fhe.l 56°39'05"eft, having a radius of 500.00 feet, an arc length of 494.38 feet and through a central angle of , with a chord bearing South 87059145" West, a chord distance of 474.48 feet to a point of reverse curvature; thence along a curve to the right having a radius of 1000.00 feet, an arc length of 470.27 feet and through a central angle• of 26°56'40",, with a chord bearing South 73°08'32" West, a chord distance of 465.95 feet to a point of reverse curvature; thence along a angle to the left, having a radius of I50.00 feet, an are length of 221.56 feet and through a central to a n f 84'37'42", with achOrd bearing South 440I8'01" West, a chord distance of 201.46 feet P mt; thence South 01059110" West, 343.83 feet to a point, the point Of 13eghuftg. Said parcel containing 3495 acres. morn of i -- End description Project No. 05132 December 14, 2005 357 E. Watertawer to.. . Suite F. Meridian. 10 83642 REVl OVAL P.208.888.7345 • F. 208.888.7354 riY C/ MERIDIAN PUBLIC WORKS DEPT. EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT - THE TREE FARM Page 22 of 78 ASCI , Anderson Survey Group.com EXHIBIT A PARCEL 7 ZONED CC Legal Description A Parcel of land situated in the Southeast Quarter of Section 21 and the Southwest Quarter of 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho. being more particularly described as follow CommendlIg at the Southeast corner of said Section 21, the True Point of Beginning Thence along the South line ofsaid Section 21 North 89°24'23" West, 868.32 feet to a Point; thence leaving said South line, North 000'3429" East, 37.20 feet to a point; thence North 03°00'02" Basi, 346.62 feet to a point of curvature; thence along a curve to the Wit, having a radius of 800.00 feet, an arc distance of 22896 feet and through a central angle of 16°23'54", with a chord bearing North 11°11'59" East, a chord distance of 228.18 feet to a point of reverse curvature, The along a curve to the left, having a radius of 400.00 feet, an arc length 245.40 feet and through a central angle of 35°09'05", with a chord bearing North 01'4923" East, a chord distance of 241.57 feet to a point; thence North 15'45'09" West, 115.34 feet to a point; thence North 71°55'24" East, 125.94 feet to a point of curvature; thence along a curve to ffie right, having a radius of 750.00 feet, an are distance of 427.71 feet and through a central angle of 32°12'58", with a chord bearing North 88001'53" East, a chord distance of 416.17 feet to a point; Thence South 75°51'38" East, 264.25 feet to a point; thence South 440 20'00" East, 59.46 feet; thence North 00°16'30" East, 32.03 feet; thence South 75°51'38" East, 601.78 feet; thence along a curve to the left, having a radius of 2400.00 feet, an aro length of 839.93 feet and through a central angle of 20°03'06 ; with a chord bearing South 15°42' 16" West, a chord distance of 835.65 feet to a point on the South line of said Section 22; thence along said South line, North 89'17'09" West, 361.93 feet to the point or Beginning, Said Parcel containing 28.45 acres, snore or less. End of Description Project No. 05132 January 13, 2006 357 E. 41°tertawer tn.. . Suite F. HerWan. IQ 83642 P.288.888.7145 • F 288 putt 7S,J MERIDIAN vVORKS DEPT iC EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT — THE TREE FARM Page 23 of 78 AS A Anderson Survey Group.com V EXHIBIT A PARCEL 8 ZONED R-15 Legal Description A parcel of land situated in the Southeast Quarter of Section 21, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow. Commencing at the Southeast comer of said Section 21, thence along the South line of said Section 21, North 89°24'23" West, 868.32 feet to the True Point of Beginning; Thence continuing along said South line, North 89025'31" West, 439.19 feet to a point; thence North 00022'50" East, 859.78 feet to a point; thence North 89041'32" East, 105.05 feet to a point of curvature, thence along a curve to the left, having a radius of 500.00 feet, an arc distance of 155.06 feet and through a central angle of 17'46'08", with a chord bearing North 80°48'28" East, a chord distance of 154.44 feet to a point; thence North 71"55'24" East, " East feet to a point; thence South 15"45'09" East, 115.34 feet to a p 4" a curvature' thence along a curve to the right, having a radius of 400.00 feet, u arc length of 245.40 feet and through a central angle of 35009105" with a long chord'bearing South 01 °49'23" West, a chord distance of 241.57 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 800.00 feet, an arc length of 228.96 feet and through a central angle of 16°23'54", with a chord bearing South 11 °11'59" West, a chord distance of 228.18 feet to a point, thence South 03°00'02" West, 346.62 feet to a pointy Thence South 00°34'29" West, 37.20 feet to the Point of Beginning. Said parcel containing 9.71 acres, more or less. End of Description Project No. 05132 December 14, 2005 r 357 L Notertower In.. . Suite F. fleridien. ID 83642 REV ROYAL P. 208.888.7345 - F. 298.888.7354 BY i UL EERIDIAW IC vVORK3 DF -9t - EXHIBIT Al (LEGAL DESCRIPTION AND MAP OF PROPERTY) DEVELOPMENT AGREEMENT — THE TREE FARM Page 24 of 78 • �pgp� a I • I ' � d Q a s � I I� � sp \UUg ^ORION � J C U , aali odl I a n a CO U�� I QE • 0 EXHIBIT A2 DEVELOPMENT AGREEMENT — THE TREE FARM Zoning Map of Property THE TREE FARM ♦ss�s� 5 � ar0.t R -z rrr d • ra. u ■ ( ■ % Rog R.Z THE TREE FARM ■ AW R -IS ' ■ � a r� a o wo I= z000 3oao EXHIBIT A2 (ZONING MAP OF PROPERTY) DEVELOPMENT AGREEMENT — THE TREE FARM Page 26 of 78 0 • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- 17,i� .3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land situated in Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 31.38, 3.78, 38.70, 167.02, 27.32, 17.26, 34.95, 28.45 and 9.71 acres for a total of 358.57 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 ofi�✓�� Mayor and City Counci of th6 City_bf VeAdian By: William G. Berg, Jr., City Clerk AL First Reading:d' �D � I Rule as allowed pursuant to Idaho Codi - Second Reading: r, i g f�f'PP19fii 41951 by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 12-6-5 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- 12- 6 3 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this /3 day of 2006. CA William. L.M. Nary, City Attorney - ORDINANCE SUMMARY — AZ -06-004 TREE FARM Page 1 of 1 d CITY OF_';.� _ IDAHO ✓� SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for September 13, 2006 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre- termination hearing for September 12, 2006. Users having delinquent utility bills will be shut off on September 13, 2006. The total amount past due is $14,219.34. The number of past due customers is 170. Jaycee Holman Billing Manager City of Meridian CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Sep 12, 2006 04:35pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<)880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name / Service Address Past Due Balance 1 16.15.0103.3 AINGER, DAVE & AARON MEGEE 109.68 188.65 355 USTICK RD W 2 16.32.0482.2 ANSON, REBECCA 79.17 159.39 2213 KENMERE DR 3 17.33.2592.3 ATWOOD, K. & KIBBEE, J. 67.29 110.52 664 WAKELY CT E 4 15.21.2664.2 AZEVEDO, JILL & BLAYNE 68.98 239.32 2284 MORELLO AVE N 5 18.42.2300.2 BARBEY, THOMES & BARBARA 106.63 167.75 2318 DIXIE PL N 6 6.45.0506.2 BENAK, CHRISTOPHER J 79.12 113.99 4913 SCHUBERT AVE N 7 15.21.0130.1 BESKER, GLORIA 65.98 155.78 2624 LEANN WAY N 8 17.34.2860.3 BICANDI, THOMAS & REBECCA 58.85 119.80 1252 STORMY DR E 9 15.21.3068.1 BOYDSTUN, PATRICK & JUDY 69.96 186.70 2943 JOUST ST W 10 8.81.0813.3 BRAGAR, VASILIY 53.32 77.15 3860 CHOCAYA PL N 11 10.20.0054.2 BRASHER, MELODY 85.67 111.05 3875 COOL RIVER WAY N 12 16.16.3634.6 CALL, LEAF & KANDIE 58.26 100.06 115 SEDGEWICK DR W 13 8.81.0207.2 CAROLYN FINHOLT 54.67 126.72 231 ANTON ST E 14 7.48.0748.2 CARR, JOEY & CART, WILLIAM 104.22 159.20 2227 NAKANO DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Sep 12, 2006 04:35pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 8.15.1709.2 CLARK, DANIEL & MARCALA 51.53 79.39 No Cust No Name / Service Address Past Due Balance 15 7.48.1517.1 CHAMBERS, ERIK 50.45 113.49 3670 DIXON AVE N 16 18.42.2582.1 CHAPMAN, LORRI 63.68 137.02 2542 MEADOWGLEN PL N 17 6.06.9006.2 CHRISTENSEN, MATHEW & TAMARA 136.42 167.26 2201 WHITE HAWK ST E 18 8.15.1709.2 CLARK, DANIEL & MARCALA 51.53 79.39 4134 HERITAGE WOODS WAY N 19 18.42.0374.3 CLARK, JAMES 87.83 219.31 2435 APRICOT DR E 20 14.14.3724.3 COLELLO, JAMES & JANET 74.63 100.01 4152 NIEMANN ST W 21 16.31.0756.3 COOK, SHADWICK E. 94.67 183.49 1521 TANA DR 22 17.79.0621.1 COREY BARTON COSNTRUCTION 75.27 94.32 2170 ARROW WOOD AVE N 23 15.21.2222.1 COSTELLO, DAVID 68.33 122.87 2824 KANDICE CT W 24 18.42.2530.2 CRAWFORD, CHRISTIAN 70.65 119.34 2031 LOCHMEADOW CT E 25 3.15.4701.1 CRESTWOOD CONSTRUCTION 61.70 164.54 1919 GRAND TETON DR W 26 3.90.0042.1 CRESTWOOD CONSTRUCTION 128.70 155.51 3142 RAVENNA ST W 27 15.21.2922.4 CUTLER, KIMBERLY 56.37 152.64 2905 ELK STREAM ST W 28 18.42.2388.2 DALY, BERT 98.56 176.91 2255 GREEN MEADOW CT E 29 16.32.0958.4 D-ATTILIO, DON 117.77 259.69 126 WOODGLEN PL W 30 17.34.2040.1 DOTY, CURTIS 71.41 154.37 1903 TEARE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Sep 12, 2006 04:36pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 31 8.08.5326.2 DOUGLAS, CHAU & LEE, BRIDGET 109.23 171.35 4385 TEMPEST WAY N 32 3.18.1222.3 DUCKZEK, G. & BURGIN, S. 65.34 100.12 2106 SAGE SPRINGS CT W 33 15.22.1342.2 DUNN, LINDY 82.92 206.85 1877 MCGLINCHEY ST W 34 17.85.0507.2 DUNNE, BRETT 59.92 78.97 266 RYEGATE DR E 35 15.21.1106.1 EDGERTON, ANDREA 77.36 225.65 2661 OLD STONE WAY N 36 14.20.0486.4 ELLIOTT, RICHARD & YVETTE 61.14 122.23 1833 GOLFVIEW WAY N 37 17.34.0592.1 ELLIS, TODD & DANA 69.54 143.28 2328 AMETHYST AVE N 38 9.09.9608.2 EVERITT, DARCY 66.57 103.16 1087 WHITE SANDS DR W 39 14.20.1822.1 FAWLEY, LESTER 67.41 173.20 3780 SEA ISLAND CT 40 10.55.1335.2 FETTKE, KATHY 55.61 125.45 2503 ASTONTE DR W 41 18.42.0466.2 FISCHER, DAVID 57.92 161.42 2543 GRAPEWOOD DR E 42 16.15.0104.2 FUHRIMAN, JOSEPH 83.01 116.75 3074 3RD ST N W 43 15.21.0550.2 FULLMER, SHANNON & HILLARY 51.86 156.35 2482 PARK STONE DR W 44 15.21.2980.2 FUNK, DEENA 60.60 122.39 3086 MIRAGE CT W 45 15.21.2196.4 GAGNON, HEATHER 57.08 144.14 3059 KANDICE ST W 46 17.34.1050.2 GARDNER, BRENT & DINA 66.02 145.69 2564 BOBCAT WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Sep 12, 2006 04:36pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 47 10.55.2118.3 GEDDES, BRIAN B 89.58 112.36 2778 PIAZZA DR W 48 3.90.0508.2 GILBERT, JASON 128.06 150.84 3096 DITCH CREEK ST W 49 18.42.0366.1 GILLUM, DERICK & AMY 53.89 126.44 2347 APRICOT DR E 50 13.13.8994.2 GLASGOW, LLOYD & JUDI 51.56 119.45 2750 WILLOWSIDE WAY N 51 17.34.0382.3 GRIMM, KEITH & DESTINY 54.51 115.32 1184 WILLOWBROOK DR E 52 15.22.2176.3 GRONER, MICHAEL 100.90 167.53 3029 ASTAIRE AVE N 53 3.15.1407.4 HANNAH, GWENDOLYN 52.90 84.79 1879 HAM RAPIDS ST W 54 10.10.2482.2 HARAS, RAYMOND & DEBORAH 85.35 251.08 2259 TEANO DR W 55 16.31.2208.1 HAYMOND, DAVID 75.16 129.77 256712TH ST NW 56 9.92.7112.1 HAYURST, DAVID & M. KIMBRELL 73.31 116.41 1273 ANN TAYLOR ST W 57 16.32.0896.4 HELP FUND 2, LLC 71.73 170.94 2214 KENMERE DR 58 16.31.0828.4 HELTON, DEWEY & LISA 99.37 215.54 1211 DELMAR DR 59 4.70.1308.2 HOOK, DONALD & KRISTY 85.89 144.33 996 CAGNEY DR W 60 15.21.2928.3 HULSEY, DAVID & SHAUNA 73.48 238.31 2898 ELK STREAM ST W 61 13.13.8308.2 HURST, JERRY & DANETTE 55.32 132.05 2873 WILLOWSIDE AVE N 62 10.20.0236.2 JACKSON, JAMES & JENNA 100.60 140.17 3648 TWIN EAGLES WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Sep 12, 2006 04:36pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 63 8.08.5196.3 JACKSON, MORGAN "BEN" 72.45 118.63 1116 GRAND CANYON ST E 64 16.32.0936.1 JARDINE, MICHAEL 66.24 144.49 2267 KENMERE PL 65 17.85.0414.2 JOHNSTON, MANDY 79.36 126.62 2725 ALDGATE WAY N 66 14.19.6520.3 JONES, CHRISTOPHER D. 68.45 108.77 2999 ENGLEWOOD WAY N 67 16.31.3434.2 JONES, DAVID & CONSTANCE 99.11 160.23 1142 FAIRWOOD CT 68 3.15.4819.2 JONES, DEBORAH 60.62 84.45 2017 BOULDER BAR DR W 69 13.13.2088.3 JONES, STEWART 96.89 212.66 2252 O'CONNER AVE N 70 16.32.0350.1 JONES, WILLIAM 79.50 224.78 306 CHERRY LN W 71 3.03.5264.2 KEULMAN, GERALD & GLORIA 55.68 87.19 1692 MARTEN CREEK DR W 72 8.08.5032.2 KING, FREDDY & ERICKA 60.50 133.13 4452 PARK CROSSING AVE N 73 9.92.7038.4 KNAGGS, DARWIN & AKIMOTO, K. 63.69 102.49 1247 LORETTA ST W 74 8.81.0815.2 LADEGAARD, SEAN & KATHERIONA 96.90 156.05 3879 CHOCAYA PL N 75 15.21.2920.2 LANGUIRAND, KARL 53.23 121.16 2931 ELK STREAM ST W 76 10.10.0106.3 LAWLER, JAMES & MICHELLE 93.31 116.09 2866 PUDU ST W (CORNER) CASH ONLY FOR RENTERS (LAWLER) 77 15.22.0318.3 LEAVANGER, TOMMY & AMBER 54.88 119.21 1790 CHATEAU DR W 78 9.92.0417.2 LEWIS, JUSTIN & ROBERT C 52.28 75.06 1250 COBBLEFIELD CT W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Sep 12, 2006 04:37pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 79 15.21.3134.1 LOVE, JAMES & ELIZABETH 70.50 198.28 2910 STONE AVE N 80 15.21.1138.3 LUNDQUIST, TINA 82.21 209.85 2397 MAXIE WAY N 81 3.90.0329.2 LYNDES, CHRISTIAN 169.92 204.79 3107 DIVIDE CREEK DR W 82 3.90.0324.3 MADINA, JOSE 88.82 88.82 5263 AREZZO AVE N 83 18.42.3134.1 MAGAW, KREIGH 54.73 88.47 2872 LAUGHRIDGE AVE N 84 16.26.0204.2 MAHONEY, W. & MCMICHAEL, H. 82.54 116.28 404 INDIAN ROCKS ST W 85 14.14.4428.2 MAKA, ANN 53.89 123.23 2950 TURNBERRY WAY N 86 18.42.1206.1 MARTIN, LOREN 60.54 97.30 1975 DIXIE AVE N 87 10.55.3008.2 MARTIN, MICHAEL & STEPHANIE 51.75 116.89 2376 QUINTALE DR W 88 12.40.0209.2 MARTINEZ, ROBERT 76.68 150.77 3397 ELMSTONE AVE N 89 15.21.3034.5 MASELLI, TODD 96.88 270.99 3017 RAVENHURST ST W 90 16.31.0814.2 MCDOUGAL, MIKE 91.47 166.17 2044 12TH ST NW 91 14.19.6604.1 MCFATE, DEAN 93.99 123.40 2988 BURLEY WAY N 92 15.21.2114.3 MCGAHEY, JAMES & LISA 53.89 126.89 2905 GEMSTONE DR W 93 8.85.0044.3 MCGEE, MENDI 89.48 147.94 259 BURNEY GLEN DR E NO ARRANGEMENTS!!!!! M! 94 18.42.2252.1 MCKINLEY, JANETTE 108.54 227.58 2220 CHATEAU DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Sep 12, 2006 04:37pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 95 16.31.0668.4 MEADE, LENA 58.71 134.22 2005 12TH ST NW 96 8.81.0526.2 MELNIK, OLGA 103.83 103.83 543 HERITAGE PARK ST E 97 6.45.0508.2 MEYERS, TERRI 82.89 105.67 4857 SCHUBERT AVE N 98 17.34.0480.1 MIHALISKO, MIKE & KRIS 63.78 173.19 2181 SAPPHIRE PL N CUSTOMER IS ON CASH ONLY FOR A YEAR (RENTER) MIHALISKO. 99 17.34.1938.3 MILLER, DON 70.30 120.65 705 WILLOWBROOK DR E 100 15.15.0526.2 MOLINA, RONALD 53.61 92.68 2267 LONESOME DOVE ST W 101 17.34.1588.2 MOORE, SUSANNE 199.98 302.31 2684 MULE DEER WAY N NO ARRANGEMENTS ALLOWED!! --WILL ACCEPT CHECK FROM SISTER, DEBORAH GURRIERE, FROM NV. STILL CANT FROM SUSANNE MOORE 102 18.42.4066.3 MORGAN, CHRISTY 99.53 227.48 1856 COUGAR CREEK DR E 103 12.40.0205.2 MORRISON, BARBARA 79.62 190.34 3420 OAKSTONE AVE N NO ARRANGEMENTS ALLOWED FOR RENTER. 104 16.32.0692.1 MORRISON, MICHAEL & BENICIA 92.38 218.99 268 CRANMER DR 105 18.42.1978.1 MORSE, DAVID & SHELLEY 53.11 92.82 1810 MEADOW WOOD ST E 106 8.08.5050.2 MOSES, KARLSTON & LORI 74.78 142.90 4402 SUPAI AVE N 107 16.32.0970.4 MOTTY, WENDY 50.78 98.41 244 SPICEWOOD DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Sep 12, 2006 04:37pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 108 17.85.0503.2 MUNOZ, GUILLERNIO 68.42 87.47 245 BALDWIN ST E 109 9.15.3102.2 MURRAY, DEBBIE 53.49 107.42 550 JORDANELLE DR W 110 7.48.0124.2 OLSEN, BRADLEY & MARCY 117.69 140.47 2350 BOWMAN ST E 111 15.21.2226.3 PAGOAGA, KENNETH 84.95 125.07 2850 KANDICE CT W 112 16.31.3422.2 PANTALEO, EMILY 73.07 125.51 1034 FAIRWOOD CT 113 15.15.0524.1 PATTEE, RICHARD & ROSIE 91.73 153.45 2291 LONESOME DOVE ST W 114 14.20.1470.3 PEDERSEN, RYAN 87.96 156.90 3525 BIRDIE CT W 115 15.21.0508.2 PITCHER, CHRISTA & MIKE 85.12 258.52 2858 QUARRYSTONE WAY N PITCHER (RENTER) NO LONGER ABLE TO MAKE ARRANGEMENTS. DID NOT KEEP THE ONE MADE ON 7/10/06 TO PAY 7/14/06. 116 16.32.0570.4 PREHODA , BRYAN 79.07 184.48 630 CRESTMONT CL 117 10.10.0068.2 PRIESS, JENNIFER & JAMES 53.51 120.20 3138 PUDU CT W 118 3.15.4519.2 PRNDELJ, EMIL 52.79 75.57 2233 RATTLESNAKE DR W 119 13.09.0605.2 PROK, ALEX & ELENA 66.71 89.49 3010 CHRISTIAN WAY N 120 17.85.0415.2 RAMOS, RENEE 104.94 104.94 2733 ALDGATE WAY N 121 17.85.0510.2 RAMOS, RENEE 341.74 341.74 2710 ALDGATE WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Sep 12, 2006 04:37pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 122 17.79.0612.2 REYES, JAMES 75.68 144.99 2055 COUGAR WAY N 123 17.79.0634.2 REYES, JAMES 63.59 82.64 2021 EUREKA AVE N 124 16.31.2286.3 RICH, CORY 220.13 283.34 2852 14TH ST NW 125 15.21.1102.3 RICHARDSON, ANGELA 73.37 201.81 2701 OLD STONE WAY N 126 16.32.1664.4 RICHTER, TRACY & MOORE, THOMAS 57.92 99.72 249 WATERBURY DR W 127 15.22.0880.1 RIETH, KEVIN F. 63.47 165.19 2183 GLENNFIELD WAY N 128 17.07.0202.3 RIZZO, TAMI & FRANK 130.23 149.28 850 RINGNECK ST E 129 16.32.1686.5 SANCHEZ, JAVIER 148.51 244.07 29 WATERBURY DR W 130 8.08.0162.2 SCHWARTZ, PENELOPE 90.06 128.39 3834 PARK CROSSING AVE N 131 3.03.5210.1 SCURGOT, DOUG 62.63 121.27 5566 WILD GOOSE WAY N 132 17.34.1178.2 SHERBURNE, BROOKE 87.81 214.47 2590 BLACK BEAR WAY N 133 15.21.0086.3 SHUBERT, RICK & LUANN 55.41 119.00 2411 BAYSTONE DR W 134 18.42.2492.2 SIMS, RYAN & HELLWIG, HEIKE 66.55 136.91 1909 GLENLOCH ST E 135 15.21.2836.2 SINGLETON, RODNEY 77.09 155.52 2777 STALLION ST W 136 10.55.1358.2 SINGPASEUTH, KARTIKA & SAMMY 71.51 135.60 2653 LOS FLORES CT W 137 8.30.1207.2 SMITH, JONATHAN & LYNSEY 72.89 108.43 3883 COLBOURNE WAY N 138 9.20.0504.2 SOTIRIADIS, IRENE EFFI 548.58 571.36 3723 BUCKSTONE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Sep 12, 2006 04:38pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 139 9.15.1414.4 STANDBRIDGE, SCOTT & JEANETTE 66.45 89.23 747 YOSEMITE DR W 140 6.06.9992.3 STEWART, CHRISTOPHER 82.27 146.86 2020 WHITE HAWK CT E 141 13.13.8848.1 STEWART, ROGER & JENNIFER 59.82 121.82 2703 EVENINGSIDE WAY N 142 7.48.1107.1 STONE CREST CONSTRUCTION 126.82 153.63 2515 OMERA ST E 143 17.34.2730.3 STOUT, DANIEL 55.34 102.45 1196 COUGAR CREEK DR E 144 10.10.1084.2 TAKASUGI, LYNETTE M. 79.93 132.81 2640 PRIMELAND DR W 145 9.92.7022.3 TAYLOR, JASON 72.83 122.49 1411 LORETTA ST W 146 3.90.0618.2 TELETEN, A. & TELETEN, O. 67.88 120.09 2948 DIVIDE CREEK DR W 147 3.90.0608.2 TELETEN, LARISA 75.43 119.53 3085 DITCH CREEK ST W 148 15.21.0028.2 THEIL, NICKI 59.47 95.79 1860 KRISTEN WAY 149 17.34.1972.3 TRAVIS BAXTER 56.78 113.56 1066 CLARENE ST 150 9.92.7140.2 VALDEZ, JANAIE 150.50 232.44 1356 LORETTA ST W 151 15.21.1710.3 VERKERK, CHRIS & JULIE 100.27 218.97 2267 LEANN WAY 152 15.21.1940.4 VESPER, JACOB 164.78 264.20 2613 REBECCA WAY 153 17.34.2706.3 VOGT, ALARIC 83.26 115.45 1458 COUGAR CREEK DR E 1w gw CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Sep 12, 2006 04:38pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 154 3.03.5868.2 VOORHEES, MIKE & JODY 86.26 204.21 1639 HAM RAPIDS ST W 155 15.22.1734.1 WALTERS, J. SCOTT 57.29 121.76 2128 PEBBLESTONE ST W 156 16.31.3286.3 WALTERS, JOANNA 57.92 115.84 1165 NEWPORT CT W 157 8.08.0001.1 WANDA'S MEADOWS CORP HOA 80.38 243.24 SPK - WANDAS MEADOWS 158 10.20.0012.2 WARE, RANDY & ELIZABETH 114.37 383.05 3900 MORNING SKY AVE N 159 15.21.3144.1 WEAVER, LARRY 79.86 224.68 3002 HEARTH AVE N 160 18.42.2534.2 WEIRUM, KENNETH 134.94 289.43 2095 LOCHMEADOW CT E 161 16.31.3636.2 WHITE, BOB & DEBBRA 105.67 225.47 2005 BLOSSOM PL 162 15.21.1868.3 WHITE, RITA 59.96 164.60 2638 REBECCA WAY 163 16.16.3508.2 WHITMIRE, SCOTT & SYNDI 59.22 90.36 478 SEDGEWICK DR W 164 18.42.2532.2 WILLIAMS, SHAWNY 61.22 129.79 2063 LOCHMEADOW CT E 165 3.90.0064.2 WILSON, LINDA & NATHAN 58.06 113.92 3077 CEDAR GROVE ST W 166 14.20.1910.2 WINN, MICHELLE 56.78 150.89 1865 INTERLACHEN WAY 167 17.34.1120.3 WOMACK, KEN 62.65 109.13 2777 BOBCAT WAY N 168 13.13.8458.2 YORK, RICHARD 100.24 179.58 5031 FAIRBOROUGH DR W 169 10.55.3011.2 YUN, HENRY 58.66 93.15 2422 QUINTALE DR W 170 16.31.2198.3 ZELLER, TODD & LORRIE 82.28 155.07 2685 12TH ST NW CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Sep 12, 2006 04:38pm Current Period: 09/20/2006 - Transactions Included Through: 09/20/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance Grand Totals: 170 Customers Listed Report Criteria: Terminated customers not included Customer.Cust No () _ {<)880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No 14,219.34 25,957.43