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Home My WebLink About2006-10-10• CMCITY OF 6'YIG�IG�"l7, IDAHO „1e cE q 96 n'Um v • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 10, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle k Joe Borton Charlie Rountree —X Keith Bird _ V Mayor Tammy de Weerd 2. Pledge of Allegiance: 7'e,94m r 6;,r/V"^, 3. Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: 4. Adoption of the Agenda: A4 5. Special Presentation / Certificates of Recognition to Kelsey McDonald and Jenny Riedel: - 6. Consent Agenda: A. Approve Minutes of September 5, 2006 City Council Regular Meeting: 41 B. Approve Minutes of September 12, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development - 1187 East Fairview Avenue: 4707k" v -%-- Meridian City Council Meeting Agenda — October 10, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Findings of Fact and Conclusions of Law for Approval: PP 06- 028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: H. Development Agreement: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L -O zone for Whitewater Subdivision fka Redfish Subdivision by Ben Miller — 4120 North Linder Road: �e-- I. Water Main Easement Agreement for Talus Medical Building- by uildingby Talus Professional Plaza, LLC: A75 -,y ,,,.,t, J. Water Main Easement Agreement for Bridgetower Retail Buildings by Primeland Investment Group, LLC: a0y�V----- K. Public Works Budget Amendment for the Wastewater Treatment Plant Expansion: o-�- & �, 3 o a o, ®� L. Change Order No. 2 for the Wastewater Treatment Plant Expansion Project: w/-Ak �C Cin ff,�,� �f� /hc,. �-�r 771 31CM Meridian City Council Meeting Agenda — October 10, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i 0 M. Water Main Easement Agreement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC: a7Y27 -P w1r— N. Sewer Main Easement agreement for Conalomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC: ";9"01V-1&1 7. Department Reports: 8. N, A. Mayor's Office 1. Resolution No. 4!96 — '57Y .7 Mayor's Youth Advisory Council Amendment to By -Laws: 2. Appointment to the Meridian Development Corporation: ArqA-,-vv e- 4a t-ry Li,vurc- z ul-1z .e,, I. 0 9 .6' 3. Appointments to the Parks and Recreation Commission: Z-90.9 ,217rov /3�-vt�.e fhG�r�® !vrrz /fey®r-/� r`ie//y 4. Appointment to the Meridian Transportation Task Force: B. Finance Depart / Department / Purchasing 5- ;jv/i v 1. Bid Results and Award for Abatement and Demolition at New City Hall Site: kv, � pcs 13. C. Public Works biepartment 1. Agreement for Hookup to the Citv of Meridian Sewer / Water System Outside Citv Limits for William J. Walaamott II at 2660 East Franklin Road: 740 6-& -7AV 104.?, zv"v 467 2. Agreement for Hookup to the City of Meridian Sewer / Water System Outside Citv Limits for Kit Kat Klub at 4842 West Franklin Road: "t ih11zW a Items Moved from Consent Agenda: Continued Public Hearing from September 19, 2006: MI 06-006 Request for a Miscellaneous to Amend the proposed Development Agreement (AZ 05-065) Site Specific Condition 6.1.5, page 5 to allow a temporary construction fence along Lot 5, Block 3 to limit public access to Lot 19, Block 3, rather than a permanent fence along Lot 5, Block 3 limiting public access to the Ten Mile Creek waterway, an approved amenity with pathway system in the preliminary plat (PP 05-058) for Harks Meridian City Council Meeting Agenda — October 10, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Canyon Creek Subdivision by Franklin Centre, LLC — 1845 W. Franklin Road: a,-4^' 10. Public Hearing: CPA 06-003 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to extend future land uses within the City of Meridian south to Colombia Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Eagle Road for Southeast Comprehensive Plan Amendment by Bailey Engineers — between Meridian Road and Eagle Road & between Columbia Road to'/ mile north of Amity Road: a,7,v,•�wv 11. Public Hearing: CPA 06-002 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation for approximately 12.37 acres from Medium Density Residential to Mixed Use Community for Ustick Comprehensive Plan Amendment by Thornton Oliver Keller —1515 W. Ustick Road and 3195 N. Linder Road: 479197' -OV -0- 12. Ordinance No. 6 — 126 AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L -O zone for Whitewater Subdivision fka Redfish Subdivision -by Ben Miller — 4120 North Linder Road: "Elp?" ,-c, 13. Ordinance No. ®6 — /Zji�& AZ 06-040 Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: 14. Ordinance No. ®6j — l ZA� Cf AZ 06-036 Request for Annexation and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: 47"•vv.c, 15. Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office)(f) — (to consider and advise its legal representatives in pending litigation);(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — October 10, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. `I' Broadcast Report DateTme 10-06-2006 05:14:30 a.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5°x11 a P4cu,c �v Rkb t cc iwoice CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 10, 2000 at 7:00 pm. °Although Phe C/ty of Meridian no larger requires swoon testimony, all presentations before the Mayor and Gly Council are expected to be bn►thful and honest to best of ire ablMyof Me presenter:" 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. SCommunityInvocation by Pastor Shawn Ragan with Church of Gal DW 4. Adoption of the Agenda: S. Special Presentation / Cerilficatse of Recognition to Kelsey McDonald and Jenny Wedel: 6. Consent Agenda: A. Approve Minutes of September 8, 2006 City Council Regular Meeting: S. Approve Minutes of September 12, 2006 City Council Regular Meeting: C. nndings of Fact and Conclusions of Law for Approval: AZ 06- 026 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon development — 1167 East Fairview Avenue: MmMfan My Coundi Mwft qamida- OdDW 10, WO Page 1044 Att nubMis prasentad at public meei<nga OW fig Pr4PW1y of the City a! Meftan. Anyone dealing accaanode0rnr fadmbillfts mWbd to dwmmftmVorh=ft. p14ase cW45d the City CteWe Ofdoe at M 4433 atWW 48 hotaa prior to the public me9ft Total Paces Scanned : 4 Tntal Panac f:nnfirmorl • C.7 No. Job Remote Station Start Time Duration Pages Lure Mode Job Type Results 001 032 3810160 04:34:03 a.m. 10-06-2006 00:19:10 3/4 1 EC HS FA9600 002 032 8989551 04:34:03 a.m. 10-06-2006 00:01:06 4/4 1 EC HS CP21600 003 032 8848723 04:34:03 a.m. 10-06-2006 00:01:40 4/4 1 EC HS CP14400 004 032 8886854 04:34:03 a.m. 10-06-2006 00:00:51 4/4 1 EC HS CP31200 005 032 8985501 04:34:03 a.m. 10-06-2006 00:01:41 4/4 1 EC HS CP14400 006 032 8467366 04:34:03 a.m. 10-06-2006 00:00:54 4/4 1 EC HS CP28800 007 032 8950390 04:34:03 a.m. 10-06-2006 00:00:54 4/4 1 1 EC IHS CP33600 I Mw Broadcast Report w Date/Time 10-06-2006 05:14:40 a.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 032 208 888 2682 04:34:03 a.m. 10-06-2006 00:00:51 4/4 1 EC HS CP33600 009 032 8840745 04:34:03 a.m. 10-06-2006 00:00:52 4/4 1 EC HS CP31200 010 032 2088885052 04:34:03 a.m. 10-06-2006 00:00:53 4/4 1 EC HS CP31200 011 032 8881983 04:34:03 a.m. 10-06-2006 00:00:54 4/4 1 EC HS CP28800 012 032 2083776449 04:34:03 a.m. 10-06-2006 00:01:40 4/4 1 EC HS CP14400 013 032 4679562 04:34:03 a.m. 10-06-2006 00:00:56 4/4 1 EC HS CP26400 014 032 2088886701 04:34:03 a.m. 10-06-2006 00:00:51 4/4 1 EC HS CP31200 015 032 8884022 04:34:03 a.m. 10-06-2006 00:03:49 4/4 1 03 HS CP9600 016 032 8841159 04:34:03 a.m. 10-06-2006 00:00:54 1414 11 EC HS CP28800 017 032 2088840744 04:34:03 a.m. 10-06-2006 00:01:04 4/4 11 1 EC IHS CP -24000 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct 0 • Meridian City Council Meeting October 10, 2006 A meeting of the Meridian City Council was called to order at 7:08 P.M., Tuesday, October 10, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Will Berg, Caleb Hood, John Overton, Bill Johnson, Brad Watson, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and call tonight's meeting to order. Welcome. We appreciate you joining us tonight. It Is Tuesday, October 10th. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by Taylor Osborn. If you will all rise and join Taylor in the pledge. (Pledge of allegiance recited.) De Weerd: Taylor, I do have a Meridian City pin for you for leading us today. Thank you for joining us. Item 3: Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: De Weerd: Okay. Tonight on Item No. 3 we will be led in our community invocation by Pastor Shawn Ragan. He's with the Church of God Seventh Day. If you will all join us in the invocation or take this as an opportunity for a moment of silence. Ragan: Madam Mayor, Members of the Council, thank you for the opportunity to be here. Let us pray. Our most kind and loving Heavenly Father, we pause to come before you today to thank you, to praise you, Lord, to ask for your presence and leading here tonight. We pray that you would be with our city, that you would be ever present in Meridian. Pray that you would be with our police and firemen as they go about their daily duties and as they enter harm's way that you would provide safety for them that you would watch over them. Lord, we pray that you would be with our city employees Meridian City Council October 10, 2006 Page 2 of 40 and all of the volunteers and all of the people who are working to make Meridian a better place. We pray that you would be with the various programs and things like Meridian's Promise and the anti-drug coalition and just the different community and various organizations that are working to make an impact in our city. And, Lord, we pray that you would help them produce fruit and bless each one of those people. Lord, we pray that you would be with our Mayor and our City Council this evening in the decisions that they face. That you would give them wisdom to know the right course of action and what your desires are for our city. Lord, we know there are many problems our city faces. We know that you have the answers and that you are the way. We pay that you would be with us and be with those who rule over us. We ask for this and all things in the name of your precious son Jesus Christ, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Ragan. Item No. 4 is adoption of agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: On the agenda, Item 7-A-1 is Resolution 06-537. Item 12 is Ordinance No. 06- 1267. Item 13, 06-1268. Item 14, 06-1269, and Item 15, Executive Session, I'm going to ask to -- we took care of this in Pre -Council and it shall be deleted. And with that I would move that we adopt or approve the adoption of the agenda. Bird: Second. De Weerd: Mr. Wardle, if I could -- I have an introduction to add under my department reports. If that would be allowed. Wardle: Item 5? De Weerd: Yes. Wardle: With the addition of Item 5 from the Mayor's office. De Weerd: Thank you. Does second agree? Bird: Agrees. De Weerd: Okay. Thank you. All those in favor of adopting the agenda as amended say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council • October 10, 2006 Page 3 of 40 Item 5: Special Presentation / Certificates of Recognition to Kelsey McDonald and Jenny Riedel: De Weerd: Item No. 5. We do have a special presentation tonight and we have Deputy Chief Johnson here to introduce it. Johnson: Madam Mayor and Members of the Council, as you know, October is Fire Prevent Month and just last week you issued a proclamation declaring this to be Fire Prevention Month in Meridian. The fire department would like to recognize a couple of young ladies from the city whose quick thinking and swift actions prevented a fire that had started on the exterior of a three story six unit apartment complex from becoming a major fire. On October 1 st at approximately 6:15 a.m. Kelsey McDonald was in route to the computer lab of the James Court apartment complex when she heard a fire alarm going off and looked around and saw a piece of furniture burning on a back patio. She ran back to her apartment to get her cell phone and call 911. She, then, awakened her roommate Jenny Riedel and together they located a fire extinguisher nearby and extinguished the burning futon with flames lapping up the back side of this apartment building. The swift actions of these two young ladies prevented the spread of fire into the apartment building and kept the fire loss and potential of human life to a minimum. Therefore, on behalf of the Meridian Fire Department, City of Meridian, we proudly ask, the Mayor to present these certificates of appreciation for a job well done to Kelsey McDonald and Jenny Riedel for their quick thinking and decisive action in preventing a disaster on this 1st day of October 2006. Jenny, would you and Kelsey come forward, please. De Weerd: Well, I'm very pleased to present to you both tonight these certificates of appreciation. Again, as Chief Johnson had mentioned, this is Fire Prevention Month and we appreciate this -- us being able to honor your quick actions. What this says is in recognition of your quick actions in summoning assistance, alerting residents, and extinguishing a potentially dangerous fire in the early morning hours of October 1st, 2006, in Meridian, Idaho. And we give these to you with our gratitude and appreciation. Kelsey. Thank you so much. Item 6: Consent Agenda: A. Approve Minutes of September 5, 2006 City Council Regular Meeting: B. Approve Minutes of September 12, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: Meridian City Council October 10, 2006 Page 4 of 40 D. Findings of Fact and Conclusions of Law for Approval: PP 06- 028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprinas Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Silversprinas Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: H. Development Agreement: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L -O zone for Whitewater Subdivision fka Redfish Subdivision by Ben Miller — 4120 North Linder Road: I. Water Main Easement Agreement for Talus Medical Building by Talus Professional Plaza, LLC: J. Water Main Easement Agreement for Bridgetower Retail Buildings by Primeland Investment Group, LLC: K. Public Works Budget Amendment for the Wastewater Treatment Plant Expansion: L. Change Order No. 2 for the Wastewater Treatment Plant Expansion Project: M. Water Main Easement Agreement for Conalomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC: Meridian City Council • October 10, 2006 Page 5 of 40 N. Sewer Main Easement agreement for Conglomerate Subdivision by AP -Eagle View and C. Von Wolffradt Properties I, LLC: De Weerd: Okay. Item No. 6 is our Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Mayor's Office 1. Resolution No. 06-537 Mayor's Youth Advisory Council Amendment to By -Laws: De Weerd: Under Department Reports, Item A-1, in front of you you have Resolution 06-537. Last night our youth council adopted them in their final form. They made several changes to them, just to clean up voting, officers, allowing open membership, so that everyone is welcome and are not excluded. And so this is just a clean up. As I mentioned, they adopted them last night in their official form. And so, Council, in front of you tonight I would appreciate if we could adopt them as well. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: With that I would move that we approve Resolution No. 06-537. Bird: Second. Meridian City Council October 10, 2006 Page 6 of 40 De Weerd: Okay. I have a motion and a second to approve the resolution in front of you. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Appointment to the Meridian Development Corporation: De Weerd: Thank you. Item 7-A-2. I do have in front of you a recommendation to appoint a new board member to our Meridian Development Corporation and you should have a copy of the resume and letter of interest in front of you. And, actually, the candidate that I bring to you tonight is here in the audience. I'll ask him for any words he would like to offer after your actions. Larry Lipschultz comes to us. He's been a resident of Meridian for ten years and currently he is the CFO of Oppenheimer company and he brings a set of skills and background that will compliment the board that we have in place. And, Council, he cannot be at the meeting tomorrow night or tomorrow morning, so I would ask that you make his effective date the following day, so that we can have Ron Anderson, who currently holds that seat, present to help with the business of the board. So, I would offer that as my recommendation to appoint to fill that seat. It will be a three year appointment, running from September'06 to September '09. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve your appointment of Larry Lipschultz for -- until September 2009, to be effective November 1st, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the appointment to the Meridian Development Corporation board. Is there any discussion? I would say that we have a great group of very highly qualified candidates and I appreciate the community's interest in this. The Meridian Development Corporation is our urban renewal arm and with that, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. Larry, do you have anything you would like to share with Council? Nothing like putting you on the spot, uh. Meridian City Council October 10, 2006 Page 7 of 40 Lipschultz: Madam Mayor and Council, thank you for this appointment and I just want to say I'm looking forward to any contribution I can make to the corporation's mission over the next three years. Thank you. De Weerd: Well, I can assure you, Council, that after talking with Larry, he has some great ideas, he's got excellent background and I know he will be a good contributor to the redevelopment efforts in downtown. Rountree: Welcome and thank you for volunteering. Lipschultz: Thank you. Thank you all. De Weerd: Thank you, Larry, for coming. 3. Appointments to the Parks and Recreation Commission: De Weerd: Okay. Item number three is appointments to the Parks and Recreation Commission. These -- we have two seats that are currently up for reappointment. That is Bruce McCoy and Matt Ellsworth -- not Matt Ellsworth from the Planning Department, but the other Matt Ellsworth, and I do have an appointment to fill our vacant seat that was vacated by Jim DeBore and that name in front of you tonight is Shelly Bartlett. Shelly attended the parks tour and is -- has been a ten year resident as well. She's very excited to come on board and she's very interested in the youth and recreational opportunities for our young people and as a parks user she is excited to be a part of developing -- further developing our parks system. So, I would be available to answer any questions you might have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Evidently nobody has any questions, so I would move that we reappoint Matt Ellsworth and Bruce McCoy to three year terms to expire in 2009. And to appoint Shelly Bartlett -- her seat until 2009. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the appointments in front of you. Is there any discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 10, 2006 Page S of 40 4. i Appointment to the Meridian Transportation Task Force: De Weerd: Okay. My final appointment tonight, Council, is an appointment to the Meridian Transportation Task Force. You do not have a resume in front of you for this person. However, you are very familiar with them. I would like to appoint Steve Siddoway to fill a seat on our Meridian Transportation Task Force. He comes highly qualified and I do not hesitate in recommending him to you to serve on our Transportation Task Force. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I would move that we accept the Mayor's appointment of Steve Siddoway to the Meridian Transportation Task Force. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Steve Siddoway to serve on our Transportation Task Force. Mr. Berg, roll call vote. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 7-13 is our Finance Department -- Bird: You have five. 5. Introduce Ron Coultor Mayor's Executive Assistant: De Weerd: Oh, yeah. I'm sorry. I didn't write down my own amendment. I guess I would ask Ron to please stand. Ron Coulter is here with us tonight. I just hired Ron to be the new executive assistant. I just appreciate that he accepted my offer of employment. Ron is a retired lieutenant colonel in the Marines and he's got a law of degree, he's very qualified, very excited to work with the City of Meridian and be part of all of the efforts that are going on in our city and we welcome him as one of our newest team members and would offer an opportunity, Ron, if you have anything you would like to say. You have to say it in the microphone, though. That was your first test. Coulter: Well, at least we know that colonels are human. I'm just happy to be here and I'm looking forward to working with the Mayor, my staff, and just doing a good job for the city. Thank you very much. Meridian City Council October 10, 2006 Page 9 of 40 De Weerd: Thank you. Wardle: Just one question, Madam Mayor. De Weerd: Oh. See, already. Wardle: And, Ron, we are glad to have you, but do you really know what you are getting into? Coulter: No. That's the beauty of it. But I look forward to the opportunity. De Weerd: Well, you just wait until the 23rd before you tell them. Okay. That's his first day. Wardle: Welcome aboard. Coulter: Thank you. B. Finance Department / Purchasing 1. Bid Results and Award for Abatement and Demolition at New City Hall Site: De Weerd: Welcome, Ron. Okay. Thank you. Item 7-B is our Finance Department and Keith Watts is here to share bid results. Watts: Madam Mayor and Council Members, the city received bids on the 5th of October for the abatement and demolition for the creamery site of the new City Hall. We got a joint process with Petra, Incorporated, construction manager for the new City Hall project, and we have actually invited Wes Bettis from Petra here to discuss the bid result and the implications from everything that we have received. So, I'm going to let Wes come up and discuss everything. De Weerd: Thank you, Keith. Bettis: Thank you, Keith. Mayor, Council Members, my name is Wesley Bettis, I'm with Petra, Incorporated, 9056 West Black Eagle in Boise, for at least a couple more months before we move to Rosario Place. As Keith mentioned, we put together the bid packages -- or the city did with input from Petra, as noted in the handout that I gave to each of you. It's also in your packages. We advertised in regional and local publications in accordance with the Idaho Department of Public Works statute. Seventeen bid packages were distributed by the city. Six qualified contractors attended the pre-bid walk through site tour and discussion that occurred on September 25th and on bid day we received three bid responses, two of those were abatement bids and two were demolition. The low bid results for both the abatement and the demolition are detailed in the handout. In conclusion, the recommendation of your construction Meridian City Council October 10, 2006 Page 10 of 40 manager is to ratify the results of the bid, with Ideal Demolition being awarded both the abatement and the demolition scopes of work, with the only other consideration being what the Council would like to do with salvaging or not salvaging brick for use in the new City of Meridian City Hall facility. De Weerd: Thank you, Wes. Council, any questions, comments, response to the brick question? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: We have discussed this and I would like your three inputs on what you guys -- it's 23,000, 1 believe, difference. Bettis: It's a 23,000 dollar additional deduct. Bird: And I'll let Wes tell you his idea, but I'd like to hear from you three guys what you think about it, because the Mayor and I already have our -- I think our opinions on it. De Weerd: And, Wes, if you could offer any background on your thoughts as well. Bettis: Sure. During the course of the concept as was discussed in the Pre -Council session, working with Lombard Conrad Architects, there was a strong desire to embrace part of the heritage of this site. The creamery site has been a very major focal point for the community in the good times, as well as in the down times, and the desire is very strong to take on that consideration, bring some of that building into the new structure. Part of the bid package did include salvaging the barrel trusses or the lumber that's within the barrel trusses and some of the better select wood beams that are in the warehouse building, which is the eastern most building -- or the southern most building of the complex on the east end and the architect indicated that it would be nice to safe some of the brick. We did express a concern about what salvaging the brick would do to the cost of the demolition process, because that does require the demolition contractor to change his approach a little bit and stop his process from the most efficient manner to be able to develop a way to handle the brick and a place to even put the brick. I believe if you decide to go with salvaging some or all of the brick that the architect has designated, which is all the exterior brick on the warehouse building and the east wall of the creamery building, we may have found a temporary storage place for the brick on site in the Union Pacific right of way area. That's one option that we are looking at right now. That would be in place until such time as we needed it -- that area for additional material storage during the course of construction. The architect has shown a very strong interest in utilizing this brick. I believe it could be utilized within the plaza and within the heritage center that would be part of the plaza complex. So, it, basically, comes down to a decision by this body of how you want to look at the embracing of the heritage of the creamery site in the new complex. Meridian City Council • October 10, 2006 Page 11 of 40 De Weerd: And, Wes, I think some of their interest in saving the brick was in regards to the Lead certification as well; is that correct? Bettis: This is correct. We will receive additional points if the Council decides to move forward with securing a Lead certification for the environmental and economics of this facility as an energywise building. Reuse of existing materials does gain us more credit points towards Lead certification. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor. Wes, just a question -- and we saw the earlier plan this evening. If we were to not salvage the brick, we would still need some material to be purchased, delivered, and installed in that plaza area. Do you have just a rough cost of what new material would cost? Bettis: I don't have an idea of the quantity, Councilman Wardle. What we do know is that we can probably buy new brick for about ten cents less per brick than we can salvaging the existing brick -- some of the brick. So, economically, it doesn't make sense from just a dollar standpoint, but putting a value on the heritage aspect I cannot do. Nor can we put a value completely at this point on how much we would receive in Lead certification credit. Wardle: And follow up, Madam Mayor? De Weerd: Uh-huh. Wardle: I guess my point was we are not really talking about a full 23,000. 1 mean certainly less the bid to salvage it, but there is an offset to a cost that we would have to replace it anyway. Bettis: Exactly. De Weerd: Okay. Any other questions, Council? Rountree: Madam Mayor. Councilman Bird wanted some kind of an indication and I think we can probably do that, but I support the concept of -- the concept we saw this evening about a heritage component of the mall area in the new City Hall, along with an amphitheater component that would utilize some of this brick and walls and buffers and that sort of thing that could utilize some of the structural components in the creamery itself. So, I think it's probably the right thing to do. De Weerd: Thank you, Chuck. Mr. Rountree. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council October 10, 2006 Page 12 of 40 Bird: Could I also clarify that -- and this -- this contractor was low bid with his two bids and he has offered an incentive, if we give him both contracts, which we should, it being low, of taking off 70,000 dollars. So, actually, instead of 386,000, we are 316,000. Which, if I recall, is about 100 to 150 cheaper than what was estimated. Bettis: Yes. That was actually more than 150,000 less than what we had budgeted originally. Bird: That's what I thought. So, we are -- this gentleman has -- by getting both bids -- and he was low and entitled to both bids in my book -- we get an extra 70 off there and I'm glad to hear what -- Councilman Rountree, because that's my exact feelings on it. It is something that -- even though it is cheaper, probably to go buy new brick, there is still some feeling for that brick and it does help and it does help in the Leads building program and I hope that we are able to make this a Leads building. De Weerd: Okay. Any other comment? Okay. I would, then, look for a motion to award this bid. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that the City of Meridian enter into a contractual agreement for demolition of the creamery property with Ideal Demolition, Incorporated, for demolition and abatement for the sum of 316,000 dollars and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to award the bid to Ideal Demolition. Is that -- and is that with the brick, Mr. Bird? Bird: Yeah, that's -- that's with the brick. I didn't take the 23,000 out. De Weerd: Would that be the amount with the brick, then? Bettis: With salvaging the brick. Bird: With salvaging the brick, 316. De Weerd: Okay. Thank you. Thanks for clarifying -- asking for clarity, just to make sure. Any discussion, Council? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council • October 10, 2006 Page 13 of 40 MOTION CARRIED: ALL AYES. De Weerd: Wes, we appreciate you being here with us tonight. Thank you, Keith. Get her done. Okay. Bird: Before you -- let's get an update for everybody here. When is the Idaho Power going to start doing out -- Watts: They -- I believe they start the 12th or the 13th. They are not sure exactly what day of October. And this contractor, Ideal, is available to start immediately on abatement and they will -- as soon as the ten day notice for the EBA is complete, they will start demolition as well. De Weerd: Excellent. Okay. Bird: We will be there. Watts: All right. De Weerd: Yes. We will all carry our hammers. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I'm assuming that we are going to have some sort of a ceremony or -- De Weerd: We will have some kind of -- Bird: You bet we are. De Weerd: -- bringing down the walls ceremony. Bird: That's right. Watts: Thank you. De Weerd: Thank you. And we will look for any ideas and if we don't get any, we will come up with them ourself. Wardle: I'll bring my hard hat. De Weerd: Okay. Bird: Everybody bring their hard hat. Keep it in your cars. Meridian City Council • • October 10, 2006 Page 14 of 40 C. Public Works Department 1. Agreement for Hookup to the City of Meridian Sewer / Water System Outside City Limits for William J. Walgamott II at 2660 East Franklin Road: De Weerd: Okay. Council, Item 7-C-1. I will turn this over to our Public Works Director Brad. Watson: Thank you, Madam Mayor, Members of the Council. The first item here is a request for water and sewer service outside city limits at a property at 2660 East Franklin by William Walgamott and Mary Wale. They have applied to Ada County to, I believe, build a day care. They are required to have central water and sewer. Those services were stubbed into their property as part of the Franklin Road rebuild project, so those are available. They have signed an agreement for hook up to the city water -sewer system outside the city limits, which requires annexation, a bond when their property is contiguous. So, we are recommending approval of that. De Weerd: Okay. Council, any questions for Brad at this time? Bird: Madam Mayor, are we just working on the first one? De Weerd: Yes, we are. Bird: Okay. I have no questions on it. De Weerd: Okay. If there is no questions from Council, do I have a motion? Rountree: Madam Mayor, I don't know if the applicant's here this evening, but I would like to have their opinion about requirements and their understanding of the requirements to be annexed into the City of Meridian and that they are agreeable to what it is they are getting into. De Weerd: Is the applicant here? Okay. Brad, is there an urgency to this request? Watson: Madam Mayor, Members of the Council, I don't know how to prioritize the urgency of the request. Our staff has been handling this. I haven't had firsthand conversations with this applicant. All I can say is Karie in my office does make them abundantly aware of what the requirements are and this agreement has been signed. That's what I go on that they understand it. But I have not talked with them personally. De Weerd: Okay. Watson: If you would like me to contact them and have them show up next week, I can do that. Meridian City Council • October 10, 2006 Page 15 of 40 Bird: I'd like that myself. De Weerd: Council, is that your preference? Bird: That would be my preference. Rountree: I would be more comfortable -- Bird: I would, too. Rountree: -- in knowing full well that they understand, because it's better that way than having them come back and say, well, we didn't know or somebody told us differently. De Weerd: Okay. Well, we can go ahead and put this on next week's agenda. 2. Agreement for Hookup to the City of Meridian Sewer / Water System Outside City Limits for Kit Kat Klub at 4842 West Franklin Road: De Weerd: Okay. Item 7-C-2. I will turn this over to Brad as well. Watson: Okay. Madam Mayor, this is another request for a connection to city water and sewer services outside the existing city limits. This is the property at 4842 West Franklin Road, commonly known as the Kit Kat Klub. They have a -- I'll start by saying that it appears that they have submitted an application to Ada County for an expansion of the facility. Part of that -- part of the conditions that Ada County or Central District Health put on that project was that they connect to central sewer. Joe Silva of the fire department also reviewed that application and required fire sprinklers in the facility. So, they are requesting both city water and sewer. We have a subsequent letter dated October 3rd from Central District Health. Actually, it's dated October 2nd, received October 3rd by our office, that says that the septic system is failing and it was -- it was written directly to Public Works Department requesting that it be allowed to connect to central sewer. Based on those parameters, the Public Works Department would recommend connection to those. They have signed the same agreement that I previously mentioned, the agreement for hook up outside the city limits, wherein it requires annexation when it's contiguous. The applicant is here tonight, if you have any questions of him. And if you have any questions for me I would be happy to answer them. De Weerd: So, Brad, this is not just about hooking up to sewer services, but it's tied to an expansion? Watson: I think that's how it originally started, that Central District Health required central sewer to be provided -- city sewer to be provided to the facility and the applicant can correct me if I'm wrong, but I believe that there was a kitchen -- addition or Meridian City Council October 10, 2006 Page 16 of 40 expansion that required city sewer. Since that application, Central District Health has issued a notice of violation on the existing structure and septic system, from what I understand. De Weerd: Okay. And just for clarification to Caleb, this is included -- this area is included in our Ten Mile area specific planning region; correct? That's at Franklin and Black Cat. Bird: It's the northwest corner of Franklin and Black Cat. Hood: Madam Mayor, Members of the Council that is correct, it is just -- just within the boundaries of that area. De Weerd: Okay. Thank you. Is the applicant here? Okay. If you will, please, state your name and address for the record. Tassler: Barry Tassler, 4842 West Franklin Road, Meridian. De Weerd: Thank you. So, I guess I would ask you the same question I asked staff. You're more qualified to answer that. Is this also tied to an expansion of your facility? Tassler: Well, how it came about is originally we had went ahead and submitted plans with the building department for an expansion and the health department just basically made a note to me that before I could open the kitchen we would need to be tied into city sewer. So, basically, we were going to do the expansion, keep the kitchen closed until that time, but to go ahead and do the rest of the expansion. Since that time, of course, the septic system -- yeah, the septic and the drain field system has been a problem over the years, we have made a lot of corrections over the years to modify it, but at this point it's -- everything is saturated out there and they wanted us -- now that you have the new Black Cat facility open and the water and sewer coming down the street right to the side of the property, we went ahead and made a -- they suggest that we tie in, if at all possible. De Weerd: I hope it's not coming down the street. Tassler: You know, your new -- your new sewer and water system, they do that in the street right along side on Black Cat Road. De Weerd: Did you apply for your expanded facility through the county? Tassler: Yes. De Weerd: And have they made a recommendation on that? Tassler: Not yet. We are still gathering all the documentation. In fact, I give them all the final documentation a few days ago. Meridian City Council October 10, 2006 Page 17 of 40 De Weerd: Okay. Council, questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Did you have an opportunity to participate at all in the recent Ten Mile Charrette process we went through -- Tassler: I did not, sir. Borton: -- Mr. Hood talked about? Are you aware of that process and, really, what it's tried to do for -- for that particular region and how we are looking at master planning that? Tassler: I have not seen all that documentation at this time. De Weerd: Okay. Anything else, Council? Okay. Thank you, sir. Tassler: Thank you very much, ma'am. De Weerd: Okay. Any discussion, recommendations for staff? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm not sure this Councilman wants to -- wants to make an agreement for a hook up like this in this particular region, because of some of the concerns that I referenced to the applicant just a moment ago with regard to what the city has done and has worked really really hard and staff has done a phenomenal job in trying to prepare a master plan for this Ten Mile region and to the extent that there is -- that's an incomplete process, but an important process, I'm concerned that -- that agreeing to this type of hook up might jeopardize our ability to insure that's planned the way that the city wants and envisions. So, I don't think that I would be willing and ready to approve hook up of city sewer and water outside the city limits within that particular region. De Weerd: Council, any other discussion? Rountree: Madam Mayor, I would just state that it's my recollection that connection outside of the city boundaries is very limited, possibly to only one example, and I don't know that I want to particularly start the precedence at this point to continue that, because that one example has been a bad example. So, I don't think I would be favorable to a hook up request for a facility outside of the city limits and not in compliance with our annexation requirements. Meridian City Council October 10, 2006 Page 18 of 40 De Weerd: Okay. Mr. Watson. Watson: Madam Mayor, Members of the Council, if I could just clarify one thing that pertains to state rules and Central District Health, just to make sure you understand all the background. They will not issue a septic permit or even a replacement permit if public facilities are within a reasonable distance. Usually that's interpreted as 300 feet. So, I'm just making sure you understand what Central District Health's stance will be, whatever your decision. De Weerd: Thank you. Well -- Rountree: I assume we need a motion on this request. If there is no further discussion, I would move that we not enter into an agreement for hook ups for Item C-2, Meridian sewer and water hookup outside the city limits for the Kit Kat Klub, 4842 West Franklin Road. De Weerd: Okay. I have a motion. Do I have a second? Borton: Second. De Weerd: Okay. Any discussion? Okay. Mr. Nary, do I ask for roll call on this? Nary: Madam Mayor that would be fine. De Weerd: Okay. Mr. Berg, roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. Thank you. There were no items moved from the Consent Agenda. Item 9: Continued Public Hearing from September 19, 2006: MI 06-006 Request for a Miscellaneous to Amend the proposed Development Agreement (AZ 05-065) Site Specific Condition 6.1.5, page 5 to allow a temporary construction fence along Lot 5, Block 3 to limit public access to Lot 19, Block 3, rather than a permanent fence along Lot 5, Block 3 limiting public access to the Ten Mile Creek waterway, an approved amenity with pathway system in the preliminary plat (PP 05-058) for Harks Canyon Creek Subdivision by Franklin Centre, LLC — 1845 W. Franklin Road: Meridian City Council • October 10, 2006 Page 19 of 40 De Weerd: So, Item No. 9 is a continued Public Hearing from September 19, 2006, on MI 06-006. 1 will open this Public Hearing with Caleb's comments. Hood: Thank you, Madam Mayor, Members of the Council. This item was on your agenda last month, but it was not heard, so I will give you a brief description of what's happening out here. This is a miscellaneous application to amend a development agreement that has not yet been signed by the owner developer. There was a condition of the annexation and development that required some permanent fencing -- and maybe I will just real quickly jump to that diagram here. On the south side of the lots that are shown there is where the fencing was required by the staff report. The -- bear with me one second, I'm going to grab a pointer. So, the staff report required a permanent fence in this location. This is phase two of this development, Harks Canyon Creek. The lateral runs in this general vicinity and, then, the applicant was proposing a pathway connection and a path way adjacent to the creek amenity. So, to allow residents within this development better access to the creek amenity, they are proposing to just construct temporary construction fencing, so that construction debris and trash and things do not fall into the creek, as is required with our agreement with Nampa -Meridian. I did receive a letter -- staff did receive a letter in our office from Bill Henson at Nampa - Meridian and he states that they are not requiring fencing adjacent to the Ten Mile Creek. So, we do have that. Further, the UDC does not require fencing along drains. This can be demonstrated that it will be improved as an amenity and that, in fact, was the case when the development was going through the process. Staff, in my opinion, I think had good intentions, but the way it was worded doesn't really work for how this whole subdivision will function and interrelate with the Ten Mile Creek and using that amenity. So, staff is supportive of the temporary construction fencing, where the permanent fencing was required, and that it will still contain the debris and keep residents away from the Ten Mile until it's ready to be used as amenity and improved by the applicant. I do also ask that if you decide to approve this DA modification, that you direct the legal department staff to modify said DA to reflect the new language proposed by staff and/or as modified by the Council. And with that I will stand for any questions you may have. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. De Weerd: Before I ask if the applicant is here, I would like to welcome our Boy Scout troop. Which troop number are you? 128. Well, welcome. Good luck on getting your badge. Is the applicant here with us tonight? Suggs: Good evening, Mayor and Council. My name is Jane Suggs, 200 Louisa Street in Boise, representing Franklin Center and we are just here to say that we appreciate staffs work on this and we agree with the staffs recommendation to change the development agreement as requested. De Weerd: Okay. Thank you, Jane. Any questions for the applicant? Meridian City Council October 10, 2006 Page 20 of 40 Bird: I have none. De Weerd: Okay. Suggs: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing nobody jumping, I move we close the Public Hearing on MI 06-006. Rountree: Second. De Weerd: Okay. I have a motion and a second to close item -- the Public Hearing for Item No. 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion? If not, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve this MI 06-006 and direct the legal staff to draft an amendment to the development agreement as stated in the testimony of the staff. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the item in front of you. If there is no discussion, I will call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: CPA 06-003 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to extend future land uses within the City of Meridian south to Colombia Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Meridian City Council • . October 10, 2006 Page 21 of 40 Eagle Road for Southeast Comprehensive Plan Amendment by Bailey Engineers — between Meridian Road and Eagle Road & between Columbia Road to'/4 mile north of Amity Road: De Weerd: Okay. Item No. 10 is a Public Hearing on CPA 06-003. 1 will open this public hearing for Item No. 10 with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This application is a little bit larger than the last one. In fact, it encompasses about four square miles on the southeast part of our -- just southeast of our current area of impact and if approved we will begin negotiating with Ada County to in fact, amend our area of impact boundary to include this area. But this is to amend the future land use map for, like I said, about four square miles. The map would be extended southbound to Columbia, change some of the existing land uses along Amity and from east -west, including two miles between Eagle and Meridian Roads. I do have a proposed map by the applicant. I think I'll just jump to that here. This is -- this vicinity map -- everything in the teal color is properties that the applicant has a direct interest in. Quite a few properties -- in fact, about 1,100 acres of the four square miles are -- they are at least conceptual and sometimes detailed preliminary plats that have, in fact, been submitted to the city and will be on upcoming agendas for the Council, so we are processing this application to get the land use map consistent with the applications that are going to be coming before you here shortly. The vicinity map, as you would imagine, most of it -- a lot of it is ag land today. There are some county subdivisions kind of mixed in there, so a lot of large parcels, county parcels. Here is the map that was submitted with the CPA. Again, the darker colored areas are the direct interest properties, if you will. The lighter colored properties are designations that the application put on adjacent properties that seemed to flow with their proposed projects. I'll talk about that I guess maybe in just another second. Staff is recommending that rather than have a shoe string map that we, in fact, include everything that's in color on this diagram within our future land use map. I do want to have the disclaimer that we do have a south Meridian area plan that's currently in the works. We have hired a consultant, they have begun work and public outreach and were at Mary McPherson the last part of last month and had a big workshop with the public. Staff did not feel it was appropriate to really bypass that process and say this is what land use designation should be for areas outside of what the applicant is proposing here. So, most of the comments in the staff report are geared towards the areas in the darker color and, in fact, what staff is recommending is that everything else that is not part of the applicant's property or within our area of impact today with a land use designation, carries a low density designation until it can be further determined -- maybe that is the most appropriate land use designation, but until we go through that process with the consultants and getting all the stakeholders together, I felt that it was appropriate to go with a lower -- the lowest intense designation until all those factors can be worked into a scenario and further redefined. So, again, we are really looking at these areas being concrete, if you will. I mean it is a living document, but, really, we are looking at these to reflect upcoming development applications and, then, the things around as staff proposed being up for negotiation with the south Meridian study that is currently underway that we anticipate submitting a Comp Plan Amendment application Meridian City Council October 10, 2006 Page 22 of 40 by the end of the year, December 15th as our self-imposed cutoff. So, end of winter, first part of spring next year you should be seeing the whole south Meridian area Comp Plan amendment. The Commission did recommend approval of this -- excuse me -- of this map at their September 26th Public Hearing, the applicant testified in favor and there was no other public testimony received. The Commission did discuss the appropriateness of certain land uses. But, quite honestly, we did not spend too terribly much time on it. There wasn't any testimony, written or verbal, that was in hand at that time and we did discuss some things, but -- there were a couple other changes -- I think I'll probably just let -- let that staff report stand. If you have any other questions about land use designations, there was like a fire station that moved from -- to here from the mid mile. A park, which we had talked with the parks department about going just on the back side of the old storage facilities there at the intersection. But, for the most part, everything up here stayed the same and the applicant has a majority of the remainder parcels. So, with that I think I will end staffs comments and ask if you have any questions of me at this time. De Weerd: Council, do you have any questions for staff at this point? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Brown: For the record, Kent Brown, business address, 1500 East Iron Eagle, Eagle, Idaho. Appreciate this opportunity. To kind of help orient us -- Caleb, could we go back to the first map that I provided? We -- in this area we have -- in the northeast we have the Ten Mile Creek. Currently, the Ten Mile Creek runs through Tuscany and Bellingham stuff and calls out a regional pathway, so we just proposed extending it south. It eventually ends up at the Boise Ranch Golf Course, so it kind of makes a nice location and should be continued. In the center of our site we have the Williams pipeline. It's approximately 80 feet wide and the pipeline people will allow you to do stuff in there, but they would really like you not to do anything in there. You want to create some excitement, go park a backhoe out there and they will come and say hello. Bird: They will be there -- Brown: Quickly. Bird: Yeah. Brown: So, we felt that that would really make a nice pathway and I have been before the parks commission talking about some of the park sites that we have located. We have a potential of four city parks located within these properties. We have a city park located here. We have one in the northwest corner of Lake Hazel and Locust Grove. And, then, we have one further down here. I, actually, have a more defined layout, if you would like to look at that, if that would help you. Just speak up and let me know. Meridian City Council October 10, 2006 Page 23 of 40 We are proposing a neighborhood center in the center of this, feeling that this regional pathway that runs through -- and this is kind of centrally located to our site, doing a really traditional neighborhood with gridded streets, a mixture of residential and -- not regional commercial, but community commercial, something that would work there. Some of the ideas that have kind of come up as we have talked with the different agencies and staff, is that someone could walk on this pathway and maybe buy ice cream or something as they go there and, then, get back on the path and work their way north. And, then, you have -- like a string of pearls, you have two parks that are located along that pathway. We also -- not shown on this map, but we kind of looked at a park site down in this portion of the site. In the southwest corner of this site there is the Idaho Power lines that -- transmission lines run through there. To kind of orient you with some of the other things that are existing out there, there is a proposed church site or -- here. The linesman school here. There is a future church site here also. An existing church site is at Amity and Locust Grove. For the most part, as staff has mentioned, there is very little development that is located in the areas that we are proposing for change. If I remember correctly, in this area that's called out here, that's the Black Rock Subdivision that they came and spoke to you about in connection to sewer. There is 44 lots in that entire section -- mile section is less than 50 residential lots that have been platted. So, you can see that there really hasn't been that much growth, at that time, less than 20 years, you have the Shaeffer View Subdivision that is in there and, then, there is a little development up here in the corner that really doesn't have anything built on it. You have a non-farm that has gone in down here in the south corner and, then, the lineman school and that's about all that's in that mile section. You have some larger -- greater than five acre developments that went in here and that's, basically, what's taken place in that mile section. We have tried to orient these things central to what's kind of flat. You have the predominate ridge that runs between us and Nampa. It starts over here at the Boise Ranch Gold Course and in this predominate ridge area we felt that you have more of a view lot. There are homes out there, even though they are not subdivision lots for the most part, but those people have taken advantage of the views and are on septic tanks and wells. So, that makes sense to have the lower request for residential uses there. Then, next to the neighborhood center here we propose higher intensive uses with medium zoning in and around that. A regional commercial area out on Meridian Road and Lake Hazel similar to what's at Silverstone and up at Overland and Eagle Road. Some place that would maybe offer some employment and, then, transitioning to a medium zone. That's some of the forethought. We have met with the fire department and police department and the public works department to basically try to workout what they were looking for, the parks people, and that's part of the reason that we went to the parks commission to see if they had an interest in accepting some park sites out in our development and I think everybody for the most part's been pretty excited. We really want -- when we bring this development to you in the future, as you go along Lake Hazel Road, make it look different. I think that if you're familiar and have been out in Southwest Boise and you see where the Paul's Market is, that's a neighborhood center that was planned in southwest Boise as a part of the plan. That happened while I was at Boise City. It makes sense to have some of that happen. I had talked to some of the developers that were involved in buying up a lot of that ground and told them that they really needed to make a statement and my clients that •Meridian City Council October 10, 2006 Page 24 of 40 are involved in these properties I think have kind of realized some of that. Since we have the property on all sides of the road, we -- you know, we know what's going to take place, we know where turning lanes need to be. I know that you have seen some of the improvements proposed on Eagle Road with maybe some landscape islands in the middle with some streetlights. We want to make -- when you get to our regional -- or our community center that's there, our neighborhood center, that there is a difference and we want to make that happen as you enter there and are working with ACHD in making those kind improvements, so that you know that you have arrived to a location and that it's not just another piece of the road. So, that's some of the things that we have talked about as we have been in many months of planning to bring this forward to you. I will stand for any questions that you might have. De Weerd: Council, questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Kent, have you had a chance to talk with and get input from Doug Strong with regards to the multi-purpose pathway? Brown: Yes, we have. That's part of them recommending us to go to the parks commission after discussing with them. We looked at the park sites -- I try to give you a little bit of a handout. Borton: The reason I ask is because of the regional plan they are undergoing with their pathways. This might tie into that. De Weerd: Can you give one to Craig and can you get it up on the screen? Brown: As you look on your map and you can see kind of the -- I don't know what color, because I -- purple to me in the center. There, Caleb's bringing it up. To maybe address what -- the parks department would look at this and would be looking at maintaining that as a -- as a pathway. That's how -- and we would view it and, you know, it extending to the south some day in the future, with the parks being hooked onto that. They -- I think that they were positively excited about that and so was the parks commission, having that linked in this northwest quarter of the site. We have talked with the school district about having that be a shared facility with the school and park and, then, having that regional pathway extend northwesterly out of there. Our very northwest corner that's up here has that gravel pit, American Paving gravel pit. that's one of the sites that the parks guys had thought, you know, as a reclaiming might work as a park -- regional type park. ACHD also has a gravel pit that's up in that location, too. They were kind of excited about having a round park, by the way. • Meridian City Council October 10, 2006 Page 25 of 40 De Weerd: It's an irrigation circle. Brown: Currently it's not -- De Weerd: Sorry, it just shows my ag colors. Have you been a participant in the south Meridian -- Brown: I haven't had an opportunity and, no, I haven't had time to do that. I did attend a few of the stuff with Kuna-Meridian, but I haven't -- haven't gone to those meetings. They have asked for copies of our plan and we have worked back and forth with Matt and making sure that they have our information. De Weerd: Well, I guess the reason I ask is, you know, when you go to those you hear a lot of what the people that are living there currently envision and so I was curious as to if you have been listening to what some of the property owners have been saying. Brown: I guess one of the pleasures of doing what I do -- I have to have neighborhood meetings and I had to have a neighborhood meeting for this site, so we invited all of our neighbors to come and we held that at Mountain View High School and I probably had 20 people come and for the most part I didn't receive any negative comments. Some of them were -- you know, the big question when is the sewer going to be there and those kind of things. But they were trying to understand our plan. One of their comments was it looks like you're putting all the density on you and giving us low density and I had to explain, you know, without their input -- I'm not trying to tell other people what to do with their property and I think that that's kind of what staff has done with their staff report also, so -- De Weerd: Okay. Okay. Council, any other questions? Bird: I have none. De Weerd: Thank you, Kent. Oh. Rountree: Madam Mayor, I have a question about -- not the amendment, but this particular plan. You create kind of a -- I don't know whether it's an enclave or a wasteland or whatnot in this bottom portion that's bordered by the one -- apparently a pathway. Brown: I'm sorry, Councilman Rountree, I'm not following -- Rountree: I'll get my pointer out here. Brown: I'm not following you there. Rountree: That piece of property right there. What's going with that? •Meridian City Council October 10, 2006 Page 26 of 40 Brown: There is a current owner that lives there. We have approached him. My client and I have dealt with him before and he has I think seven acres, if I recall. Maybe just five. But I think it's closer to seven. He has an access road. We have to provide him with access. Rountree: Please tell me it's not a lane. Brown: Uh? Bird: It's a lane. It's not a road, is it? Brown: Benito Lane or something like that. It's -- there is also one home that's located in here also. De Weerd: Councilman Rountree loves lanes. Brown: We all do. I've had neighborhood meetings with him before, but he didn't show up to my -- he hasn't seen our plan. We haven't had a neighborhood meeting for the subdivision as of yet. Rountree: You do provide access at two locations, though, to this parcel? Brown: Yeah. Rountree: But I don't see a stub to this particular one or is this all one piece here? Brown: There is two pieces there, Councilman Rountree. Rountree: Obviously, this isn't a preliminary plat, but just some of those fun things that we deal with when you get here. Brown: I understand. As I have tried to layout his property and, basically, I have -- that's why this road stubbed here. We also have it there to try to help that take place. Rountree: Okay. Thank you. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Wow. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Caleb, when I look on the staff report I see Exhibit A. Exhibit B the staff recommended future land use is all black. At last what I can see here. • .Meridian City Council October 10, 2006 Page 27 of 40 Hood: Are you on the microfiche? Borton: Yeah. It looks like it would be totally different from what Exhibit A, which is on the screen right now, the applicant's proposal. Hood: And I don't have the microfiche pulled up here, but, trust me, Exhibit B is -- looks more like that. And the black -- maybe the green is turning out black or something. De Weerd: Yeah. The green -- the green and the browns are black. Borton: Yeah. Okay. Hood: And if I may, Madam Mayor, Members of the Council, just to point out a couple of things regarding some of the green. If you -- you have to kind of pay attention, I guess, a little bit to the difference between the applicant's proposal and that predominant ridge he talked about and the Black Rock development. We did work with, him to get that low density moved over a little bit, so that we could add some more view lots kind of in that area, so I did want to point that out a little bit a block two or -- we will let them kind of tell us what that is. But we did have them bump that low on their property over a little bit. Another change -- Kent brought it up, but this was shown as mixed use regional and it doesn't really make sense as a regional -- you know, we are not looking for Costcos and those types of things there. It's not on Meridian or Eagle Road, so the community designation of mixed use makes more sense as he talked about walking to get ice cream or some more services within a mile or so of residences. So, that's kind of how we see that function. Although Lake Hazel is anticipated to be a pretty major roadway here in the future. Those are a couple of the things I wanted to call out. Also, I did want to thank -- I meant to do it last time at P&Z -- Julie at Bailey helped me out immensely by taking -- she did a couple different renditions for me and I did want to have Kent thank her for me. She did make this map for us, so it really helped to have the visual, I think, too. So, I did want to thank her on record. So, thanks for letting me clarify those couple of changes that we made. De Weerd: Caleb, as I recall in some of the discussions in the south Meridian area, this is -- this pretty much embraces a lot of the discussion that has happened and trying to find a balance between the low density and the employment opportunities, as well as public open spaces. So, do you feel comfortable that this is something that reflects the public participation that you have received on the south Meridian plan? Hood: Madam Mayor, Members of the Council, I have not been actively involved with a lot of that, but what I get secondhand from Matt and Steve before he left us was a good sense from residents of low. I mean they want to see the rural feel of this area maintained. That did have an impact on my recommendation for designating a majority of this property low density. Some of the properties on Meridian Road, for instance, right where the applicant's talking about having some mixed use community here, could see probably some of these parcels carrying a similar designation right along the highway for -- at least some more intense designations. Now, there are three scenarios Meridian City Council October 10, 2006 Page 28 of 40 that the consultants have already put together regarding south Meridian, the transportation scenario, the employment scenario, and the low density scenario. Some of those components within each one of those will probably be pulled together and that will be the preferred alternative. But I do believe that this is probably pretty close to what actually happens in this area for south Meridian, at least for these four squares. So, again, with the -- with, probably, some potential changes along Meridian Road. That's probably where I see some change -- potential change, but for the most part I think it's probably pretty accurate, so -- De Weerd: I guess, Caleb, just one last question is since Planning and Zoning has made a recommendation -- well, maybe it's to Mr. Nary instead. How does that fit with the Comprehensive Plan amendments that are still coming up in regards to the south Meridian. Has Planning and Zoning's recommendation already triggered something that -- can you explain the process at this point? Nary: Certainly, Madam Mayor, Members of the Council -- and if I get this wrong I'm sure Mr. Hood will correct me. But the requirement is at the Planning and Zoning level. They -- the statutory requirement is that they cannot make a recommendation to you, except for every -- to the land use map except for once every six months. How -- the Council, then, decides when to implement, how to implement, what to change, that's what the Public Hearing process is for -- makes no difference if it takes one month, if it takes five months, it doesn't make any difference. The next time they can make a recommendation to you, which is what I think Mr. Hood had talked about in his staff report initially, that's the next trigger. So, their recommendation that was done on September 26th triggers when their next recommendation can come to you. So, when the Council makes a decision on this, it doesn't have any impact on them. Did I get that right ? Hood: And, Madam Mayor, if I -- everything Mr. Nary said is correct. I did want to -- and I did mentioned in the staff report December 15th was our cutoff. However, we are going to, essentially, have to sit on our own application for a couple of months, because the Planning and Zoning Commission did act on this application and your next agenda item at the end of September. So, you're, essentially, looking at April 7th before they can make -- take action at another map amendment. But I did want to just finish that picture for you. De Weerd: Okay. Thank you. Okay. Council, is there any further questions that you might have before I ask the applicant if he has any final remarks? Rountree: No. Bird: No. De Weerd: Okay. Kent. rMeridian City Council October 10, 2006 Page 29 of 40 Brown: As you look at this area, the topography really has generated what we have kind of done for the most part. When you look at other locations -- Caleb, can you go back to the one I submitted. We propose that there would be a neighborhood center here. I do have a client that represent the property on the northeast portion or the northerly portion of that intersection at Amity and Eagle Road. As I have other clients that have tried to encourage some grocery store to locate in -- south of the interstate, they had some difficulty, because what they don't want is they don't want to be out near Overland Road and, then, have, if you will, everything coming from the south. What you want to try to do is have enough homes around you and so, to me, even though I don't have it highlighted and darkened, this made a lot more sense to me. You have a power substation that's going in on the southeast corner of that intersection. The school district has a middle school that's fairly close there. I know that you have approved projects on the -- the easterly side that are low density applications, but, to me, you have one flat intersection that's out in that area, that's down on the bottom, and you have a lot of homes that -- that you have approved. In this mile section that Tuscany is in, you have 445 acres out of a 640 acre set -- mile section that have already been approved with subdivisions. Most of that section has already gone and those people now have to commute north and across the freeway and we all love Meridian, we all love going north on Meridian Road and Eagle Road, but it would be really nice to save some vehicle trips if that could be approved in that area. That was some of the discussion I had with the P&Z Commission. I don't have those owners signed up on this document, but even if it's just planting a seed for sometime in the future, that is the right use in that location for some kind of facility like that. Basically, that's what -- in southwest Boise at Five Mile and Lake Hazel, Paul's Market does, is it keeps those people from making long trips up to Overland to do their shopping. It provides a means for them to do something like that in the area and you need to have someplace in east Meridian, that you have that -- I guess they could go over a mile if Boise would approve one at Amity and Cloverdale and have it in Boise's area of impact, but this made a lot of sense to me as my planning experience and background. De Weerd: So, Kent that would be the only recommended change you had to what staff had showed? Brown: Yes. And, again, as I said it's -- I have -- I have clients that have an option on those 40 acres that are north and so I guess I did put that in initially. I didn't get the landowners and their affidavits for that to happen, but they are under a contractual agreement with my clients to purchase that ground. So, eventually, I might have to be back asking for an amendment or attend the southwest stuff and ask that that happen in that area and -- De Weerd: Well, it would be good for you to attend that. Brown: I definitely need more meetings to go to. Just like you I'm sure. Thank you. De Weerd: I have been there. And did you bring that recommendation, then, to Planning and Zoning Commission? Meridian City Council October 10, 2006 Page 30 of 40 Brown: Yes. If you look in the minutes of the meeting it was discussed there. De Weerd: But they did not make that change? Brown: They felt that I had to change the map or they were concerned about a map being changed and the time frames that you guys have just barely talked about, the attorney has spoken about. They were concerned about the time frame and I think that they could see the merit of it. I mean if you go to the west of that intersection, you got the LDS Church at the corner and you go up the hill to Mary Mac School that really doesn't make for a good location. You have got some existing residential stuff that's been out there, acre type stuff. Basically, I guess what I envision is something like Cherry and -- is it Ten Mile where you have got the Albertson's out there, you know, what that does for that portion of the valley really is a benefit and I see that intersection being the same there. De Weerd: Thank you. Brown: Thanks. De Weerd: Any questions, Council? Okay. Okay. Council, this is still an open Public Hearing. If there is no further information needed -- Rountree: Madam Mayor, if there is no further questions or testimony, I would move that we close the Public Hearing for Item No. 10. Bird: Second. De Weerd: We have a motion and a second to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Rountree: Madam Mayor, I would have a question for Bill as it relates to the suggested recommended addition to the map as far as a neighborhood use. Can we make that condition of the next move on this? And my next question is what is our next move on this in terms of accepting the recommendation from P&Z and, then, start an amendment process through additional ordinances or what? Nary: Madam Mayor, Members of the Council, if you approve this Comprehensive Plan amendment, you will see it again -- Mr. Hood's going to have to remind me. I believe you see it again, because you're going to bring back -- you're going to bring back a resolution to this specific approval and so you will have another opportunity. So, that's - - it doesn't have to be an ordinance, it's done by resolution. So, you will see that again. Meridian City Council • . October 10, 2006 Page 31 of 40 I can't recall at the moment, I guess I'm just blanking out. Mr. Hood, was there something else that comes back, besides that? I think the staff report, whatever amended changes the Council makes as part of their motion, would be all incorporated in a resolution. Hood: Yeah. Madam Mayor, Members of the Council, Mr. Nary, that's correct, it's, essentially, just the resolution with the attached exhibit, which would be what changes are made to the map, but that's, essentially, all that's on the future agenda once legal department drafts that resolution. De Weerd: Okay. Okay. Anything further, Mr. Rountree? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I don't know if Councilmember Rountree is also thinking of -- we also notify the county of the change to the Comprehensive Plan. They are given that notice. There is an opportunity for that discussion at that level as well. So, I didn't know if that's what else you were thinking about occurs in the future. Rountree: Thank you. De Weerd: Okay. Anything else from Council? Bird: I have none. De Weerd: Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. You finally broke. Wardle: I would move that we approve Item 10, CPA 06-003. Borton: I will second for the purpose of discussion. De Weerd: Okay. Discussion. Borton: I heard a murmur from Councilman Bird. I think he's got a question. De Weerd: Mr. Bird, did you murmur? Bird: Yeah, I did. Rountree: He mumbled. Meridian City Council October 10, 2006 Page 32 of 40 0 0 Bird: I mumbled. What kind of conditions on that? I mean there is some staff conditions and stuff in there and staff report. Are you including all them in there? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: For clarification, the motion would include staff recommendation and applicant's comments in respect to the adjoining land use designation, noting that those may change in the future as a result of some specific studies and, then, that we see some refinement of this application. Bird: Okay. Rountree: I guess that's on the fence enough for me. De Weerd: It's really vague for me. Bird: Me, too. De Weerd: Okay. Second agrees? Borton : Second agrees. De Weerd: Okay. Any further discussion, Council? Bird: I have none. De Weerd: If not, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CPA 06-002 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation for approximately 12.37 acres from Medium Density Residential to Mixed Use Community for Ustick Comprehensive Plan Amendment by Thornton Oliver Keller — 1515 W. Ustick Road and 3195 N. Linder Road: De Weerd: Thank you. Okay. Item 11 is Public Hearing CPA 06-002. 1 will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is another Comprehensive Plan map amendment. The properties are located on the southwest Meridian City Council October 10, 2006 Page 33 of 40 E and southeast corners of Ustick and Linder Roads. Again, they are highlighted in the teal. Both county properties today. The applicant is proposing to change the existing designations as shown here on the future land use map for these two parcels, which are currently shown as medium density residential. Staff had some concerns noted in the staff report with having additional mixed use area, if, in fact, the map changes here when we already have a mixed use neighborhood center approved here and this is under construction today and so competing commercial uses or an oversupply, potentially, of some uses within the two different areas. The Comprehensive Plan doesn't prohibit such a situation, it's more of a market analysis and looking at how much commercial and nonresidential an area can support when we look at the viability of adding additional mixed use area. Staff also looked at previous discussions. You may recall when -- this last year when we did the north Meridian amendment and included the areas -- or the north side of Chinden within our -- to be within our -- be on our map designation. These two properties were also changed to mixed. It does make some sense, too, to change, then, the other two sides of the intersection to be mixed use. So, just based on some of the minutes from when that went through and what this body looked at at that time, although these properties weren't a specific item of discussion, it was alluded to at that time. The applicant did submit a conceptual plan for the southeast corner of the development. As I understand it, this is what they have their primary interest in. They did include the triangular piece on the other side of Linder Road, just to kind of finish off that intersection. Now, there is nothing with this Comp Plan amendment that would tie them to doing anything like what's proposed here, but it is conceptually showing how this property could develop. So, I think you could probably comment on it, but, again, there is no way we can condition changing the land use map that says you need to do this, that, or the other thing on the property, we will in the future be looking at annexation and zoning of this property and a development associated with that, but, again, this is what they did submit to the city as what could potentially happened on this property if it develops. I'm just briefly going to look at the other side of the intersection. It does look like it's feasible to get at least a couple of office spaces on there with some parking. The site is quite small and of odd shape, triangular shape. There is a large easement that runs here. ACHD's going to acquire a lot of right of way from them when they widen the intersection, but it does still look like it's feasible to get a couple of nonresidential buildings and some parking on that site. So, the Planning and Zoning Commission did recommend approval at the September 21st hearing. Chris Penland did testify in favor. You should have a letter as part of the public record from Chris Brewer in opposition to the Comp Plan amendment change. Justin Lucas did present the application at the Planning and Zoning Commission level. Similar to the last CPA there was not a lot of public testimony given or opposition to the project and the discussion was fairly brief, if my memory serves. So, with that I will stand for any questions. The applicant is looking for the mixed use community designation, which, again, is consistent with what happened on the north side of Ustick Road as well. I will stand for any questions you may have of me. De Weerd: Thank you, Caleb. Any questions for staff? Bird: I have none. Meridian City Council October 10, 2006 Page 34 of 40 De Weerd: Okay. Is the applicant here? Penland: Madam Mayor, Members of the Council, my name is Chris Penland and I reside at 4595 North Stampede Way. First I'd like to thank staff for the time and assistance throughout this process. They have been extremely helpful and I greatly appreciate that. I do understand their concern of the conflicts between the intersection and the neighborhood commercial site to the east. From our perspective we think that they are inherently different sites. The reason for this is several items. First, we have -- Caleb, could I get the map of north Meridian? We have four directions of traffic present and 47 percent more traffic exposure and customers at the intersection. This is going to be a six by six signalized intersection in 2008. And, then, we also have Ustick Road, which is a primary east -west traffic arterial that services Boise to Caldwell, as well as Linder, which is a north -south primary traffic arterial that includes a bridge crossing. These two road systems together really facilitate movement in north Meridian area and the surrounding municipalities. Basically, when retailers are looking at this area, their own criteria is going to determine the sites that work for their model and a good amount of them would only locate at an intersection, as opposed to the destination nature of the neighborhood commercial to the east. Also it should be noted that the southwest corner is currently planned to be taken in its entirety by ACHD. The reason that the owner is continuing with this process is that should ACHD intend not to take the entire parcel, they will be left with about 1.4 acres and their residence will be about ten feet from the intersection. Lastly, this neighbor -- or mixed use community will serve as a buffer, again, to that six by six intersection and the surrounding residential uses in the future land use map. And if there is any questions I'd be more than happy to answer them. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Penland: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? Yes, sir. Penland: My apologies. I should also mention that we conducted a study which you saw at the previous meeting regarding the retail supply in north Meridian. Thornton Oliver Keller basically identified what's called a retail expenditure analysis and this takes the household income and calculates that versus the supply of retail square footage. What we found was a pretty drastic departure from the norm in the Treasure Valley. Basically, we had about a hundred -- let's see -- 131 percent above average for household expenditures per square foot of retail, which means that there is a huge shortage. This shortage basically doesn't allow people opportunity to locate businesses and driving up rent as economics dictate. So, we are seeing that there is about a two Meridian City Council October 10, 2006 Page 35 of 40 percent vacancy rate in north Meridian, which is extremely low historically for Meridian and also across the Treasure Valley. This new development will support additional supply, which should bring us back towards an average level. Thank you. De Weerd: Thank you. Okay. Well, it looks like there were -- was no further public testimony on this application. And if the applicant didn't have anymore comments, Council, any questions for staff or applicant? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A question for Caleb. The staff report makes reference to some of the things that were just addressed with regard to the supply or oversupply of mixed use commercial land. Do you have any information in response to what we just heard? You expressed some concerns in the staff report that hit on that very point. Hood: Yeah. I -- Madam Mayor, Councilmember -- Councilmember Board, I don't have any statistics to back up a lot of that at hand. Thornton Oliver Keller did a study for us just about a year ago now talking about oversupply, actually, of land zoned for nonresidential uses, but has not been constructed yet. So, this 131 percent, you know, the expenditure, that people, essentially, can't find places to shop until the houses are built and there is roof tops, we have a lot of land zoned nonresidential in north Meridian, it's just the office space and the retail haven't begun their construction until all the subdivisions get built out. There is a lot of -- my understanding -- and I'm not trying to discredit any of this study, because I haven't seen those numbers, but that's my understanding is we have a larger number of parcels that have actually been approved either through a PUD back in 2002 or '3 that just haven't started to construct those nonresidential uses, so -- that's where some of the conflict could occur. Like the neighborhood center just to the east, that is starting to construct, but they are nowhere near build out. I mean there is quite a few acres there that we anticipate and hope that this doesn't conflict with and it can develop as envisioned with the Comprehensive Plan map. De Weerd: And I guess to further that -- Councilman Bird and I might have been the only two on here when we had the discussion at the corners or around our sewer treatment plant and when they tried to bring residential in there and we, of course, had a market study that said there was too much commercial and not enough residential, so we should put housing around the sewer treatment plant. We have commercial up at the corner of Ten Mile and McMillan. We have several opportunities on the Chinden corridor and I think there is a couple of other on our Comprehensive Plan map. We do hope that that's not all retail and that we do get some employment center type of development in and around our north Meridian area to help start balancing out some of this traffic and give people a place to work and live. I guess this is that corner that when s Meridian City Council October 10, 2006 Page 36 of 40 • we looked at across the street I still have a real concern about. I'm not so concerned about the southwest corner, because there is not too much else you can do with that. With the school -- the middle school up the street to the north, this is just a real complex area that we want to make sure that whatever we do is going to provide safety for our kids as they walk to school. And, of course, that's my primary concern with what happens in this area. This Comprehensive Plan amendment is not going to answer that question. I guess we do want to see our neighborhood centers work and I have no expertise on if this is too close to that, but keep in mind as the applicant has said, this is a major east -west corridor and it's just a mile away from the Ten Mile corridor that's going to be linked to an interchange and it is along a corridor that has a river crossing. So, it makes it unique to a market that will serve a business community, whether it's light office, mixed retail, and higher density development. That was not a position on either side, just thought it was interesting some of the things that have been going on in and around that area, because that whole area around the sewer treatment plant is not for residential and some of it -- that corner -- the northwest corner is zoned for retail, gas station, type of industrial use. And I guess I would offer if the applicant has anything else to say, if you want to respond to anything I just added. Penland: Madam Mayor, Members of the Council, maybe one last point. Caleb, could we navigate to the site plan. One thing -- while this isn't binding, it does demonstrate what can be done in this intersection to help alleviate the concerns of the students navigating north from the school down south towards the park and I think if you look at this yellow outline you can see a pathway that basically circumvents the intersection entirely and, then, links onto the Five Mile greenbelt, which will also allow people to frequent the area. Also now upon future development and submittal plans for annexation rezone, a detached sidewalk separating the children from the road would probably be something to consider, too. So, we tried to incorporate that somewhat here, but, of course, that's for a future point. Thank you. De Weerd: Can I ask you a question? Is that park on this piece or is that something you would like us to -- Penland: You know, this was a piece of confusion. During our pre -application it was deemed public/quasi public and during my neighborhood meeting the owner Rick Kellogg actually said he was looking, potentially, to try to donate that as a park. So, that was a misunderstanding and we clarified that somewhat at the Planning and Zoning Commission meeting. But it would be great, the high density multi -family adjacent to a park would I think really work well. All right. Thank you. De Weerd: Okay. Council, if there is no further information you need, I would look for your direction on this. Borton: Madam Mayor? De Weerd: Mr. Borton. •Meridian City Council October 10, 2006 Page 37 of 40 Borton: Unless there is further public comment, I move we close the Public Hearing on CPA 06-002. Wardle: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'll throw out my thoughts on the particular application. I'm not -- I'm not opposed to it, I'm not particularly -- and I think I said this on the northern portion as well -- I'm not particularly moved or persuaded with regards the market studies and what the market might bear. I think the -- some of the remarks by Caleb and the lag that's evident from approval to construction to having the bodies and the roof tops is realistic. And I also agreed and mindful of what the staffs recommendations or concerns are with regards to this application that should it be approved, a mixed use community does provide for and perhaps encourage some medium and high density residential. Whether or not that is what actually comes to bear on this particular corner, it might -- you know, I get some indication from staff that we shouldn't lose sight of that potential and possibility and I tend to agree -- again, not saying one way or another what will eventually end up on this corner, but I'm aware of that and I'm in favor of the application with the understanding of staffs concerns and direction. De Weerd: Caleb, a question for you. If you designate the southwest corner as mixed use, they are not going to get a mix of uses on that. Hood: Madam Mayor, Members of the Council, that doesn't seem to be feasible. I think the idea was to make all four corners consistent, then, and you can look at all four corners as a mixed use area, similar to your neighborhood center designations, that you really look at the whole intersection and you hope to get a mix of uses on all four corners combined. De Weerd: Thank you for that clarification, because I think it could get lost if we got an application without keeping that in mind. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I guess my comment on this particular application is I tend to agree with the observation made by staff in terms of having already developed a mid point mixed use • Meridian City Council October 10, 2006 Page 38 of 40 • center on Ustick Road, yet to be added to by expanding this one, which might be an expansion of a previous error, adding that to yet another one on Ten Mile, yet another one on Meridian Road. The concept of Ustick being a major thoroughfare, a major opportunity to move traffic becomes less and less. So, I'm not inclined to perpetuate the -- what I believe is probably an error on our part for allowing the mixed use on the northern two quadrants of this particular intersection. So, I will probably vote not in favor of this application. De Weerd: Okay. Any other comment from Council? If not, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item No. 11, CPA 06-002. Wardle: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. Is there any discussion? Bird: I have none, Mayor. De Weerd: Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 12: Ordinance No. 06-1267 AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L -O zone for Whitewater Subdivision fka Redfish Subdivision by Ben Miller — 4120 North Linder Road: Item 13.: Ordinance No. 06-1268 AZ 06-040 Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: Item 14: Ordinance No. 06-1269 AZ 06-036 Request for Annexation and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: De Weerd: Okay. Thank you. Okay. Ordinances 12, 13 and 14, 06-1267, 06-1268, and 06-1269. Mr. Berg, will you, please, read these three ordinances by title only. Meridian City Council October 10, 2006 Page 39 of 40 Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1267, an ordinance for annexation of property located in the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to L -O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1268, an ordinance for annexation of property situated in a portion of the northwest quarter of the northwest quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1269, an ordinance for annexation of property situated in a portion of Government Lot 4, Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these three ordinances read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinances 06-1267, 06-1268, 06-1269 with suspension of rules. 0 Meridian City Council October 10, 2006 Page 40 of 40 Rountree: Second. 0 De Weerd: Okay. I have a motion and a second to approve Items 12, 13 and 14. Mr. Berg, roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, Item 15 we attended to under the Pre -Council. Wardle: We omitted it from the agenda. De Weerd: We omitted it. There is no 15. So, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:57 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR T DE WEERD ,Cf ,. 0,`�111�11enou+rr//// TTESTE�. GL ILLA /l 8 / el -20"_ DATE APPROVED VI G. BERG JW, CITY CLERK October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of September 12, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of September 12, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 6, 2006 AZ 06-028 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Horizon Development ITEM NO. 6—(2 REQUEST Findings for Approval — Request for Annexation and Zoning of 4.43 acres to an R-15 zone for Touchstone Place Subdivision — 1187 East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Materials presented at COMMENTS See attached Findings Date: Phone: /C)() �f Initials: property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • Cq IIIce,�i IDAHC*14 { In the Matter of Annexation and Zoning of 4.43 acres from R1M to R-15 AND Preliminary Plat approval for 2 residential building lots and 2 common lots AND Conditional Use Permit approval for a multifamily development consisting of 48 dwelling units, for Touchstone Place Subdivision, by Horizon Development. Case No(s). AZ -06-028 and PP -06-028 and CUP -06-021 For the City Council Hearing Date of: September 26, 2006 (Continued from August 22, 2006 and findings on the October 10, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 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 Preliminary Plat dated June 16, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the annexation shall include the entire legal parcel as it is currently described. b. That the final plat shall include all of the annexed property including any disputed areas, OR, that any annexed land excluded from the final plat shall be conveyed to the adjacent property owner(s) prior to signature of the final plat. 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 0 this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ,P/,A dayof VOTED iP'� VOTED VOTED_g� VOTED_'``" VOTED MAYOR TAW de WEERD of ATTEST: WILLIAM G. BERG, JR C T CLSISAL Copy served upon: ✓ Applicant'ss�,�� Planning Public Works Department — City Attorney By: Dated: IU • �1 ` lty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 CITY OF MERIDIAN PLANNIIAEPARTMENI' STAFF REPORT FOR THE HEAPG DATE OF AUGUST 22, 2006 s STAFF REPORT Hearing Date: 8/22/2006 (Approved on 9/26/2006) TO: Mayor and City CouncilaW6 naian n, FROM: Justin Lucas '' ; UAW) ) Associate City Planner"�F Meridian Planning Department 208-884-5533 SUBJECT: Touchstone Place Subdivision AZ -06-028 Annexation and Zoning of 4.43 acres from RIM (Ada County) to R-15 (Medium High -Density Residential). PP -06-028 Preliminary Plat approval of two residential building lots (proposed to contain 48 multifamily units) and two common lots on 4.43 acres in a proposed R-15 zone. CUP -06-021 Conditional Use Permit approval to construct a multi -family development consisting of 48 dwelling units (6 eight-plexes) on two lots totaling 4.43 acres in a proposed R-15 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Horizon Development, has applied for Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential) for 4.43 acres of property currently zoned RIM in Ada County. The site is located on the south side of Fairview Avenue across from N. Jericho Road, approximately 1,300 feet west of Locust Grove Road. Currently, there is one single-family home with associated outbuildings on this site. All of the existing structures on the site are to be removed. The subject property is within the Urban Service Planning Area. 2. SUIVE%4,RY RECOMMENDATION The subject applications (AZ, PP and CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff is recommending approval of the proposed Touchstone Place Subdivision (AZ - 06 -028, PP -06-028, and CUP -06-021) with the conditions listed in Exhibit B of the Staff Report The Meridian Planning and Zoning Commission heard the item on July 20 2006 At theup blic hearing they moved to recommend approval. On September 26, 2006 the Citv Council approved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Jeff Mach, Sabrina Whitehead ii. In opposition: Greg Vastobin iii. Commenting: Karalee Blau, Lorinda Williams iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood b. Key Issues of Discussion by Commission: i. — Proposed height of the buildings; Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE CITY OF MERIDIAN PLANNNDEPARTMENT STAFF REPORT FOR THE H�NG DATE OF AUGUST 22, 2006 ii. —Residential condominiums c. Key Commission Changes to Staff Recommendation: i. —Required six foot high solid fencing along perimeter property lines. d. Outstanding Issue(s) for City Council: i. — Updated legal description of the proposed annexation. 1. Staff has met with the applicant to resolve this issue; 2. The current staff report only contains a written legal description; 3. A map and closure report is still required for review and final approval by public works. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -028, PP -06-028, and CUP -06-021 as presented in the Staff Report for the hearing date of August 22, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -028, PP -06-028, and CUP -06-021 as presented during the hearing of August 22, 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 and CUP.) Continuance I move to continue File Numbers AZ -06-028, PP -06-028, and CUP -06-02 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: 1187 E. Fairview Ave. across from N. Jericho Rd. approximately 1300 feet west of Locust Grove Road /3N1E07. b. Owner: Clarence and Berna Morgan P.O. Box 191096 Boise, Idaho 83719 c. Applicant: Horizon Development 1187 E. Fairview Ave. Meridian, Idaho 83642 d. Representative: Sabrina Whitehead, Briggs Engineering e. Present Zoning: R1M (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 4.43 acres to R-15, Preliminary Plat approval of two multi -family building lots with two common lots and Conditional Use approval of a 48 multi - Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 2 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 family dwellings contained in six eight-plexes. The gross density of the project is 10.83 dwelling units per acre. Approximately 10.8% (0.4 acres) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 6/16/06 2. Date of landscape plan (attached in Exhibit A): 4/15/05 3. Date of site plan (attached in Exhibit A) 6/15/06 h. Applicant's Statement/Justification: Horizon Development has been very active to get the surrounding neighbors input. On January 5, 2006 the first neighborhood meeting was conducted. With the neighbors concerns voiced the developer went back to the drawing board to redesign the layout to make it more compatible with the surrounding neighbors needs. We believe that Touchstone Place will be an aesthetic, as well as an asset to the City of Meridian. (please see Applicant's Submittal Letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: July 3d and July 17t`, 2006 (Planning Commission) and July 31 st and August 14', 2006 (City Council) e. Radius notices mailed to properties within 300 feet on: June 23d, 2006 (Planning Commission) and June 28th, 2006(City Council) f. Applicant posted notice on site by: July l Ot', 2006 (Planning Commission) and August 12th, 2006(City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family home and some associated outbuildings on this site. All structures will be removed from the site. b. Description of Character of Surrounding Area: This site is located in between medium density residential uses to the east and south and commercial development to the west and north. This location makes this an area of transition between detached single family development and commercial uses along Fairview Avenue. The site is considered infill development. c. Adjacent Land Use and Zoning: 1. North: Commercial Uses, zoned C -G 2. East: 6 single-family lots within Danbury Fair Subdivision, zoned R-8 and 1 commercial parcel zoned C -G. 3. South: 5 single-family lots within Danbury Fair Subdivision, zoned R-8 Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEAROG DATE OF AUGUST 22, 2006 4. West: 8.25 acre Lithia Motors parcel zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer stub in Sandlin located to the south of this project. Location of water: There is a water stub in Sandlin located to the south of this project, and a main in W. Fairview Avenue to the north. Issues or concerns: Sewer service to parcel #S1107120650. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: No hazards have been identified on this site. 6. Proposed Zoning: R-15 (Medium High -Density Residential) 7. Size of Property: 4.43 acres f. Subdivision Plat Information: 1. Residential Lots: 2 2. Non-residential Lots: 0 3. Total Building Lots: 2 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots: 4 7. Gross Density: 10.83 units per acre (net density is 14.41 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25 -foot wide landscape buffer is required adjacent to arterial streets. Fairview Avenue is a classified principal arterial roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: No landscape buffers between uses are required on this site. 3. Percentage of site as open space: 0.4 acres/10.8% 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). See Section 10, Analysis below. h. Amenities: Clubhouse facility with exercise room, playground, open space with pathways, and patio areas with barbeques. i. Off -Street Parking: UDC 11-3C-6 requires each multi -family dwelling with more than one bedroom to have 2 parking spaces in a covered carport or garage. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 4 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HAG DATE OF AUGUST 22, 2006 j. Proposed and Required Residential Standards: R-15 — Multi Family Standards (see UDC 114-3.27) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 20 20 Side 10 10 Rear 10 10 Frontage 0 0 Lot Size N/A 2,400 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to provide primary access to all of the dwellings within this development via a new public street connection (North Jericho Road.) to Fairview Avenue. This new public street will run south from Fairview Avenue through the proposed development and connect with the existing Sandlin Avenue in the Danbury Fair Subdivision. The total width of the proposed public right of way is 50 -feet with 36 -feet wide street sections (measured back of curb to back of curb). The right of way will also contain five-foot wide sidewalks that are adjacent to the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On June 30, 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 "Commercial" on the Comprehensive Plan Future Land Use Map. Chapter VII, Section C (pg. 95) of the Comprehensive Plan contains a definition of the commercial designation. This definition includes multi -family residential as an acceptable use in commercial areas. Beyond this definition staff finds that there is a strong argument for saying that the policies set forth in the comprehensive plan support multi -family residential use on this site. These policies are described at length below. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. - Sanitary sewer and water service will be extended to the project at the developer's expense. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 5 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF AUGUST 22, 2006 • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIM). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminaryplat proposes to extend the one stub street currently provided to this property from the south. Staff believes that the applicant has done an adequate job of connecting and extending the existing stub street. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct sidewalks adjacent to all of the proposed streets, which connect to adjacent properties, Fairview Avenue and Sandlin Avenue. The applicant is also proposing to construct a 4 -foot wide pathway system within the development to help link the buildings together and provide pedestrian access to the proposed sidewalks. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII Goal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. The applicant has a chosen this site on Fairview Avenue to construct the proposed multi family Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 6 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEA�G DATE OF AUGUST 22, 2006 development. Stafffinds that this location is favorable for such a development because of the access future residents will have to goods and services offered along Fairview Avenue. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Chapter VII Goal V Objective A Action 14. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. 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 medium high-density residential zone. Staff finds that this project acts as a good buffer between the commercial uses on Fairview Avenue and the existing single- family residential properties to the south and east of the proposed development. Chapter VII Goal IV Objective A Action 6. Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. See above Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application is requesting an R-15 zone. Staff finds that this location is favorable for this zoning designation because of its proximity to services along Fairview Avenue. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. Staff believes that the proposed density (10.83 d.u. 's/acre) and zoning (R-15) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists multi -family dwellings as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-15 Medium High -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 7 CITY OF MERIDIAN PLANNAEPARTMENf STAFF REPORT FOR THE HEA9G DATE OF AUGUST 22, 2006 multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HESG DATE OF AUGUST 22, 2006 Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping COC 11 -4-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-4-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11 -3A -12Z Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 9 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAPG DATE OF AUGUST 22, 2006 AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-15 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 April 14, August 17, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-513-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not ne-gatively im act nearby pros. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Cily Attorney, Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: multifamily development and allowed accessory uses of the R-15 zone. • That a maximum of 48 units will be constructed on this site. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, constructed in accordance with City Code, be installed along Fairview Avenue prior to occupancy of any new dwelling units. • That cross access to/from the proposed North Jericho Way be provided to the parcel to the west, for future development along Fairview Avenue. • That the annexation legal description shall include the entire legal parcel as it is currently described. • That the final plat shall include all of the property being annexed Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 10 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 with the Touchstone Place development including all "disputed" areas. OR that any land area that is annexed with the Touchstone Place development that is not included within the boundaries of the final plat for Touchstone Place shall be conveyed to the adiacent Property owner, prior to signature of the final plat by the City Engineer. 2. PP/CUP Applications: Special Considerations: Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is approved with the following modifications/notes: • 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). Multi -family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9 above for a complete list.) These standards apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.27. Multi -family Setbacks: UDC 11-4-3.27 states that multifamily developments with multiple properties shall be considered as one property for the purpose of implementing certain standards such as setbacks. Due to the nature of multi -family developments it can be difficult to determine the proper setback requirements. UDC 11-4-3.27 states that multi -family buildings shall provide a minimum setback of ten feet unless a greater setback is otherwise required. With that stated staff believes that this standard should be applied to all structures adjacent to perimeter property lines including garages. The current proposal shows variations in the setback to the perimeter property lines, a setback of five feet along the northern property line is shown. This setback should be expanded to ten feet to meet the minimum UDC requirement as described above. Refuse Areas: The Sanitary Services Company (SSC) has commented that some of the proposed dumpster locations may not be adequately designed. Further, the submitted plans call -out chain link fencing with vinyl slats as screening for the refuse containers. Staff believes that a solid wood or block fence would be more appropriate to screen the refuse containers from the street. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 11 CITY OF MERIDIAN PLANNINIPEPARTMENT STAFF REPORT FOR THE HEAROG DATE OF AUGUST 22, 2006 natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The applicant states that 10.8% (0.48 acres) of the site is being set aside for common open space. Vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association(s). Private Useable Qpen Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed development appears to meet the minimum requirement as described. Parking: UDC 11 -3C -6A requires multi -family dwellings with 2 or more bedrooms to have a two -car covered carport or garage for each unit. All of the proposed 48 units have two car garages. Private Streets: There are some units within the development that are set back from the public street some distance. These units may be difficult for emergency services, delivery services and the general public to fmd. Therefore, staff recommends that the applicant submit a private street application for the "driveways" off of North Jericho Way and Sandlin Avenue. These private streets should carry street names approved by the Ada County Street Naming Committee and comply with the private street standards listed in UDC 11-3F. Staff is generally supportive of private streets for multi -family developments. The applicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Amenities: The applicant is required to provide amenities for the multifamily development. For multi -family developments between twenty and seventy-five units three amenities shall be provided with one from each category (UDC 11 -4 -3.27D -2b). The applicant is providing amenities as follows: Development map/directory, community club house and fitness facility (Quality of Life), playground with parent area (Recreation) picnic tables and patio (Quality of Life), and open space with walking paths (Open Space). Staff believes that the proposed amenities are sufficient for a multi family development of this size. Elevations: The applicant has submitted building elevations for the proposed 8-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with the design standards listed in this section. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Staff will ensure that when CZC applications are submitted for construction of the 8-plex buildings in the future, that the elevations comply with the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 12 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEARIiQ"G DATE OF AUGUST 22, 2006 UDC requirements. Existing Residences/Buildings: The site currently contains one existing residence. The applicant proposes to relocate or remove all structures prior to construction. Fencing: The applicant has not proposed to construct fencing along any portion of the property lines. Staff believes that six-foot high solid fencing should be constructed along any portion of the property line that is not currently fenced. This fencing will help act as a buffer between the proposed development and any future commercial development to the north. A detailed fencing plan should be submitted upon gpplication of the finallaD t. 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, and common open space fencing shall be design according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including waterways being used as amenities, that intersect, cross or he 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 -06-028 and PP -06-028, and CUP -06-021 with the conditions listed in Exhibit B of the Staff Report for the hearing date of July 20, 2006. On July 20, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications. On September 12 2006 the City Council approved the subiect applications. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 13 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF AUGUST 22, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 6-16-06) 2. Landscape Plan (dated: 6-15-06) 3. Site Plan (dated 6/15/06) 4. Elevations 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 Unified Development Code Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 14 CITY OF MERIDIAN PLANNINIMEPARTMENT STAFF REPORT FOR THE HEAR DATE OF AUGUST 22, 2006 A. Drawings 1. Preliminary Plat (dated: 6-16-06) ---------- II I J Exhibit A -Page 1 fit i TWOMMM! R= I —0-Ma"M Colo g Exhibit A -Page 1 fit i TWOMMM! R= I —0-Ma"M Colo Exhibit A -Page 1 fit i CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAQG DATE OF AUGUST 22, 2006 2. Landscape Plan (dated 6-15-06) omm cap ml ma F--� mnrI Kom"- 0 ---- --- ---- ---- -- Exhibit A — Page 2 I, d, W, WV;3t +7Fa: --I -11r —] w, " CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAR DATE OF AUGUST 22, 2006 3. Site Plan (dated 6-15-06) 9 � y MA&VVJ MOT IMI IWIWUMOD P aar nsnrawe s #9±Y IRE IL CL o Ed j�! b R E E IX n� Of elj as a1�4--J — r- e S 1 NRNRNR o, L Arae oto not r i i t r%' a + M, '3.: 2E1Cv sb: Gls 5ir:ia+�2'aE-a"fk rid �9 : a�a;f$IvJ �Arn1Z ��°�'/•tt[ baP] ,Sti�� ua+- F Exhibit A — Page 3 i^.{R•'49t �.bstitf gtoe.�a ��q F�mH f >� O� rtiJ. Ft��%�AHQ t1o2Niota %1�%CL�a1i��°iriOLL a�Comor�raersarnl #d$�� f H Nv-rz; pus MA&VVJ MOT IMI IWIWUMOD P aar nsnrawe s #9±Y IRE IL CL o Ed j�! b R E E IX n� Of elj as a1�4--J — r- e S 1 NRNRNR o, L Arae oto not r i i t r%' a + M, '3.: 2E1Cv sb: Gls 5ir:ia+�2'aE-a"fk rid �9 : a�a;f$IvJ �Arn1Z ��°�'/•tt[ baP] ,Sti�� ua+- F Exhibit A — Page 3 m 11113nI-pal i :IIIIII ilia R1 71 NN3' .N' W114N1111 3b Lo 1811111111119 m 1.5 AIIIBgII Y. milli ie f5i 19��&Y 1B I�A�h 'i�ll� �� I�f ��'��ll .... . ..... iS'�r5 affi ca I ! a f1l - - Z".: ` I; ll� ow.,X M 1111 ull Hu PrLlillll�111111W�b ;lifeall mm m CITY OF MERIDIAN PIRG DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF July 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELINIINARY PLAT (PP -06-028) 1.1.1 The preliminary plat labeled as PRE, prepared by Briggs Engineering, Inc., dated June 16, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-014) and Conditional Use Permit (CUP -06-021) applications, and the Development Agreement for this property, shall also be considered conditions of the Preliminary Plat (PP -06-012). 1.1.2 Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is approved with the following modifications/notes: • 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 All existing structures shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.4 The applicant shall submit a Private Streets Application for the driveway that runs through lot 1 prior to any construction or site development. 1.1.5 Provide the following amenities: 0.48 acres of common open space, a community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a playground with parent area, patio with picnic tables, and walking paths throughout the development. 1.1.6 Cross access to/from the proposed North Jericho Way shall be provided to the parcel to the west, for future development along Fairview Avenue. 1.1.7 Six-foot high solid fencing shall be constructed along any peffien-ef the perimeter property lines. that ., e 4 euffe-j#ly feneed. A detai4ed fimeing plan sha4 be s ..i#ea upon appheafien f final p+ If ,l ,l b F f ab g p ��%sal$gzs-iaet�iivozuv-�vcxvrczamanvovz- , tempo opm spaee, ande}iefe-path feneiegsMI be designed aeoeMing to UPC 11 3A 7. 1.1.8 Provide a minimum ten foot setback along all perimeter property lines, including the northern property line adjacent to the commercial zone, as required by UDC 11-4-3.27B1. 1.1.9 Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association. Exhibit B — Page 1 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF July 20, 2006 1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELEM INARY PLAT (PP -06-028) 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 ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS - CONDITIONAL USE PERMIT (CUP -06-021) 1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi -family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.2 The dumpster locations shall be redesigned to meet the requirements of The Sanitary Services Company (SSC). All refuse areas shall be screened on three sides with a solid wood or block fence to help mitigate the visual and acoustic impacts of these functions. Exhibit B — Page 2 CITY OF MERIDIAN PLOING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 1.3.3 Provide at least 80 square feet of private, usable open space for each 8-plex unit, such as a patio or deck. 1.3.4 All elevations of the eight-plex buildings shall conform to the elevations in Exhibit A of the Staff Report. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.3.5 All comments and conditions of the accompanying Annexation (AZ -06-028) application and Preliminary Plat (PP -06-028) application shall also be considered conditions of the Conditional Use Permit (CUP -06-021). 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Danbury subdivision to the south. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall be required to extend a sewer main to the parcel to the north, indicated on the preliminary plat as #S 1107120650. 2.3 Water service to this site is being proposed via extension of mains in Danbury 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 The applicant shall be required to connect to mains in W. Fairview to the north and Sandlin to the south. Upsizing of the water mains in this development may be required during plan review once specific fire flow requirements for the proposed structures are determined. 2.5 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. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 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. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.8 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 Exhibit B — Page 3 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting the dimensional standard 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 irrigatnon 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 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Caitalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate rnailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act Exhibit B — Page 4 CITY OF MERIDIAN PAING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 requirements for unobstructed sidewalk access. 2.22 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. 2.23 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. 2.24 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 `'Yorks Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall tie placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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 tum around. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The proposed multi -family lots have an estimated 48 units with a total estimated population of 139 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are proje -.ted to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B — Page 5 CITY OF MERIDIAN PLAING DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' 13rom the building to the dumpster enclosure. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). An addressvag plan for the stairwells and doors shall also be included to ensure that emergency personnel can quickly locate each unit. 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.17 B,,;1,7ings or- F ei4i ;e a ding 30 feet (91 AA mm)or- three .,t..«e in height L, 11 1.ave t 1 + 4. Police Department 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning and Zoning Department. All parking Exhibit B — Page 6 CITY OF MERIDIAN PAWING DEPARTMENT STAFF REPORT FOR THE AG DATE OF July 20, 2006 spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.4 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions oLApproval 7.1.1 Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. Construct a 5 -foot detached concrete sidewalk a minimum of 58 -feet from the center line of Fairview Avenue abutting 7.1.2 Dedicate approximately 10 -feet of right-of-way 220 -feet along the west side of S. Jericho Way from Fairview Avenue to the northwest property line. 7.1.3 Construct all internal streets as a 36 -foot street section with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right-of-way. 7.1.4 Construct Sandlin Avenue to align with existing Sandlin Avenue to the south as proposed. Align South Jericho with Jericho north of Fairview Avenue. 7.1.5 Comply with all Standard Conditions of Approval. Exhibit B — Page 7 CITY OF MERIDIAN PLINING DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF July 20, 2006 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 8 CITY OF MERIDIAN PLOING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 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 8.1 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 9 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HFOG DATE OF July 20, 2006 C. Legal Description REVISED ANNEXATION DESCRIPTION FOR DISCOVERY SPRINGS August 17, 2006 A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7, T.3N., R.I.E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89°54'45" W ALONG THE NORTH LINE OF THE NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTHEAST CORNER OF THE NW4 OF THE NE4 OF SAID SECTION 7; THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 0°04' 14" W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF WEST SIDE OF DANBURY FAIR SUBDMSION NO.6 667.97 FEET TO A POINT ON THE NORTH SIDE OF DANBURY FAIR SUBDIVISION NO. 1; THENCE S 89050142" W ALONG SAID NORTH LINE 403.28 FEET TO A POINT; THENCE N 0°08'09" E LEAVING SAID NORTH LINE 460.96 FEET TO A POINT; THENCE S 89°54'45" E 194.03 FEET TO A POINT; THENCE S 00°04'14" W 41.29 FEET TO A POINT; THENCE S 8905445" E 123.71 FEET TO A POINT; THENCE N 0°04'14" E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF THE NE4; THENCE ALONG SAID NORTH LINE S 89054'45" E 85.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS. O d WAYNE K. BARB $ 44 PLS 8444 a m, dial - X 50406-revannex.doc Exhibit C — Page 1 CITY OF MERIDIAN PAING DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 ROW a S 89'54'45'89'54'45'E BEGINNING m g g--------- 85.00 - A 6 5 € ------------------------------------- — I 7 8 _ 7 8 I . 13 zow $ N (� N8 '45'W �V W N ' z _ __ Ig H F -S 89'54'45' E 194.03' I t i o i 0 I S 00'04'14?W S 89'54'45' E 123.71' l i E" g I I � I 81 o WLU g IN PROP= AWNDU 0PI PARCEL 4.49 ACRES FWD I$ I 4 Iz I 1 � � K. s►�` I I � I I I II I I � I I S 89'50'42' W 403.28' sir, '' 006 Exhibit C — Page 2 CITY OF MERIDIAN PIOING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-15. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-15 zoning amendment will provide a buffer between the existing single family detached units to the south and east and any future commercial development along Fairview Ave. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this pro e�rty to R-15 would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 2 CITY OF MERIDIAN PARING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See 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, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; 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 City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D — Page 3 CITY OF MERIDIAN PARING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 City Council fords that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council fords that the general design (as amended), construction, operation and maintenance of the multi -family use will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. City Council fords that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. City Council fords that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D — Page 4 CrFY OF MERIDIAN PL ING DEPARTMENT STAFF REPORT FOR THE HE G DATE OF July 20, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 5 • October 6, 2006 • MERIDIAN CITY COUNCIL MEETING October 10, 2006 / APPLICANT Horizon Development ITEM NO. & 'r D REQUEST Findings for Approval — Request for Preliminary Plat approval of 2 residential lots and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision — 1187 East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aflached Rndings Contacted: Date: Phone: Emailed: Staff Initials: "edab presented at pubflc rneetirrps &49 become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • w tip � 1L7;V-Efi n� In the Matter of Annexation and Zoning of 4.43 acres from 111M to R-15 AND Preliminary Plat approval for 2 residential building lots and 2 common lots AND Conditional Use Permit approval for a multifamily development consisting of 48 dwelling units, for Touchstone Place Subdivision, by Horizon Development. Case No(s). AZ -06-028 and PP -06-028 and CUP -06-021 For the City Council Hearing Date of. September 26, 2006 (Continued from August 22, 2006 and findings on the October 10, 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 -06-028 and PP -06-028 and CUP -06-021 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 Preliminary Plat dated June 16, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the annexation shall include the entire legal parcel as it is currently described. b. That the final plat shall include all of the annexed property including any disputed areas, OR, that any annexed land excluded from the final plat shall be conveyed to the adjacent property owner(s) prior to signature of the final plat. 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 i 0 the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 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 -06-028 and PP -06-028 and CUP -06-021 0 i By action of the City Council at its regular meeting held on the ® A. day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ COUNCIL MEMBER JOE BORTON VOTED__ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ ige!'-' COUNCIL MEMBER KEITH BIRD VOTED_6te — TIE BREAKER MAYOR TAMMY de WEERD VOTED IMAYT �deVWTEER—D ATTEST: O WILLIAM G. BERG, J ., C CL1-RK BEAL Copy served upon: ApplicA,,T Planning yublic Works ,/ City Attorney By: Dated: Jerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 STAFF REPORT Hearing Date: 8/22/2006 (Approve " on 9/26/2006) (Try I"* � TO: Mayor and City Council { FROM. Justin Lucas Associate City Planner Meridian Planning Department ,, 208-884-5533 SUBJECT: Touchstone Place Subdivision AZ -06-028 Annexation and Zoning of 4.43 acres from RIM (Ada County) to R-15 (Medium High -Density Residential). PP -06-028 Preliminary Plat approval of two residential building lots (proposed to contain 48 multifamily units) and two common lots on 4.43 acres in a proposed R-15 zone. CUP -06-021 Conditional Use Permit approval to construct a multi -family development consisting of 48 dwelling units (6 eight-plexes) on two lots totaling 4.43 acres in a proposed R-15 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Horizon Development, has applied for Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential) for 4.43 acres of property currently zoned RIM in Ada County. The site is located on the south side of Fairview Avenue across from N. Jericho Road, approximately 1,300 feet west of Locust Grove Road. Currently, there is one single-family home with associated outbuildings on this site. All of the existing structures on the site are to be removed. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP and CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff is recommending approval of the proposed Touchstone Place Subdivision (AZ - 06 -028, PP -06-028, and CUP -06-021) with the conditions listed in Exhibit B of the Staff Report The Meridian Planning and Zoning Commission heard the item on July 20 2006 At theup blic hearing they moved to recommend approval On September 26 2006 the City Council approved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Jeff Mach, Sabrina Whitehead ii. In opposition: Greg Vastobin iii. Commenting: Karalee Blau, Lorinda Williams iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood b. Key Issues of Discussion by Commission: i. — Proposed height of the buildings; Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 1 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 ii. — Residential condominiums c. Key Commission Changes to Staff Recommendation: i. Required six foot high solid fencing along perimeter property lines. d. Outstanding Issue(s) for City Council: i. — Updated legal description of the proposed annexation. 1. Staff has met with the applicant to resolve this issue; 2. The current staff report only contains a written legal description; 3. A map and closure report is still required for review and final approval by public works. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -028, PP -06-028, and CUP -06-021 as presented in the Staff Report for the hearing date of August 22, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -028, PP -06-028, and CUP -06-021 as presented during the hearing of August 22, 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 and CUP.) Continuance I move to continue File Numbers AZ -06-028, PP -06-028, and CUP -06-02 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: 1187 E. Fairview Ave. across from N. Jericho Rd. approximately 1300 feet west of Locust Grove Road /3Nl E07. b. Owner: Clarence and Berna Morgan P.O. Box 191096 Boise, Idaho 83719 c. Applicant: Horizon Development 1187 E. Fairview Ave. Meridian, Idaho 83642 d. Representative: Sabrina Whitehead, Briggs Engineering e. Present Zoning: R1M (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 4.43 acres to R-15, Preliminary Plat approval of two multi -family building lots with two common lots and Conditional Use approval of a 48 multi - Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 2 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAG DATE OF AUGUST 22, 2006 family dwellings contained in six eight-plexes. The gross density of the project is 10.83 dwelling units per acre. Approximately 10.8% (0.4 acres) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 6/16/06 2. Date of landscape plan (attached in Exhibit A): 4/15/05 3. Date of site plan (attached in Exhibit A) 6/15/06 h. Applicant's Statement/Justification: Horizon Development has been very active to get the surrounding neighbors input. On January 5, 2006 the first neighborhood meeting was conducted. With the neighbors concerns voiced the developer went back to the drawing board to redesign the layout to make it more compatible with the surrounding neighbors needs. We believe that Touchstone Place will be an aesthetic, as well as an asset to the City of Meridian. (please see Applicant's Submittal Letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: July 3'd and July 17th, 2006 (Planning Commission) and July 31 st and August 14th, 2006 (City Council) e. Radius notices mailed to properties within 300 feet on: June 23rd, 2006 (Planning Commission) and June 28th, 2006(City Council) f. Applicant posted notice on site by: July 10th, 2006 (Planning Commission) and August 12th, 2006(City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family home and some associated outbuildings on this site. All structures will be removed from the site. b. Description of Character of Surrounding Area: This site is located in between medium density residential uses to the east and south and commercial development to the west and north. This location makes this an area of transition between detached single family development and commercial uses along Fairview Avenue. The site is considered infill development. c. Adjacent Land Use and Zoning: 1. North: Commercial Uses, zoned C -G 2. East: 6 single-family lots within Danbury Fair Subdivision, zoned R-8 and 1 commercial parcel zoned C -G. 3. South: 5 single-family lots within Danbury Fair Subdivision, zoned R-8 Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF AUGUST 22, 2006 4. West: 8.25 acre Lithia Motors parcel zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer stub in Sandlin located to the south of this project. Location of water: There is a water stub in Sandlin located to the south of this project, and a main in W. Fairview Avenue to the north. Issues or concerns: Sewer service to parcel #S1107120650. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: No hazards have been identified on this site. 6. Proposed Zoning: R-15 (Medium High -Density Residential) 7. Size of Property: 4.43 acres f. Subdivision Plat Information: 1. Residential Lots: 2 2. Non-residential Lots: 0 3. Total Building Lots: 2 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots: 4 7. Gross Density: 10.83 units per acre (net density is 14.41 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25 -foot wide landscape buffer is required adjacent to arterial streets. Fairview Avenue is a classified principal arterial roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: No landscape buffers between uses are required on this site. 3. Percentage of site as open space: 0.4 acres/10.8% 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). See Section 10, Analysis below. h. Amenities: Clubhouse facility with exercise room, playground, open space with pathways, and patio areas with barbeques. i. Off -Street Parking: UDC 11-3C-6 requires each multi -family dwelling with more than one bedroom to have 2 parking spaces in a covered carport or garage. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF AUGUST 22, 2006 j. Proposed and Required Residential Standards: R-15 — Multi Family Standards (see UDC 114-3.27) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 20 20 Side 10 10 Rear 10 10 Frontage 0 0 Lot Size N/A 2,400 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to provide primary access to all of the dwellings within this development via a new public street connection (North Jericho Road.) to Fairview Avenue. This new public street will run south from Fairview Avenue through the proposed development and connect with the existing Sandlin Avenue in the Danbury Fair Subdivision. The total width of the proposed public right of way is 50 -feet with 36 -feet wide street sections (measured back of curb to back of curb). The right of way will also contain five-foot wide sidewalks that are adjacent to the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On June 30, 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 "Commercial" on the Comprehensive Plan Future Land Use Map. Chapter VII, Section C (pg. 95) of the Comprehensive Plan contains a definition of the commercial designation. This definition includes multi -family residential as an acceptable use in commercial areas. Beyond this definition staff finds that there is a strong argument for saying that the policies set forth in the comprehensive plan support multi -family residential use on this site. These policies are described at length below. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner:Sanitary sewer and water service will be extended to the project at the developer's expense. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 5 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEIRG DATE OF AUGUST 22, 2006 • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary platproposes to extend the one stub street currently provided to this property from the south. Staff believes that the applicant has done an adequate job of connecting and extending the existing stub street. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct sidewalks adjacent to all of the proposed streets, which connect to adjacent properties, Fairview Avenue and Sandlin Avenue. The applicant is also proposing to construct a 4 -foot wide pathway system within the development to help link the buildings together and provide pedestrian access to the proposed sidewalks. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII Goal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. The applicant has a chosen this site on Fairview Avenue to construct the proposed multi family Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 6 CITY OF MERIDIAN PLANNSDEPARTMENT STAFF REPORT FOR THE HEA%G DATE OF AUGUST 22, 2006 development. Stafffinds that this location is favorable for such a development because of the access future residents will have to goods and services offered along Fairview Avenue. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Chapter VII Goal V Objective A Action 14. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. 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 medium high-density residential zone. Staff finds that this project acts as a good buffer between the commercial uses on Fairview Avenue and the existing single- family residential properties to the south and east of the proposed development. Chapter VII Goal IV Objective A Action 6. Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. See above Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application is requesting an R-15 zone. Staff finds that this location is favorable for this zoning designation because of its proximity to services along Fairview Avenue. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. Staff believes that the proposed density (10.83 d.u.'s/acre) and zoning (R-15) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists multi -family dwellings as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-15 Medium High -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Multifamily Development (UDC 114-3.27) The following standards shall apply for the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 7 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF AUGUST 22, 2006 multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3 27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area•, and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D : All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.EZ All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 8 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEA9G DATE OF AUGUST 22, 2006 Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27.F1. Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-4-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 9 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF AUGUST 22, 2006 AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-15 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 April 14, August 17, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-513-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not negatively im acct nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Cfty Attorney, Bill Nary, at 888-4433 to initiate thisrop cess. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: multifamily development and allowed accessory uses of the R-15 zone. • That a maximum of 48 units will be constructed on this site. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, constructed in accordance with City Code, be installed along Fairview Avenue prior to occupancy of any new dwelling units. • That cross access to/from the proposed North Jericho Way be provided to the parcel to the west, for future development along Fairview Avenue. • That the annexation legal description shall include the entire legal parcel as it is currently described. • That the final plat shall include all of the property being annexed Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 10 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEPG DATE OF AUGUST 22, 2006 with the Touchstone Place development including all "disputed" areas OR that any land area that is annexed with the Touchstone Place development that is not included within the boundaries of the final plat for Touchstone Place shall be conveyed to the adiacent Property owner, prior to signature of the final plat by the City Engineer. 2. PP/CUP Applications: Special Considerations: Landscaping_ The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is approved with the following modifications/notes: • 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). Multi -family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9 above for a complete list.) These standards apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.27. Multi -family Setbacks: UDC 11-4-3.27 states that multifamily developments with multiple properties shall be considered as one property for the purpose of implementing certain standards such as setbacks. Due to the nature of multi -family developments it can be difficult to determine the proper setback requirements. UDC 11-4-3.27 states that multi -family buildings shall provide a minimum setback of ten feet unless a greater setback is otherwise required. With that stated staff believes that this standard should be applied to all structures adjacent to perimeter property lines including garages. The current proposal shows variations in the setback to the perimeter properly lines• a setback of five feet along the northern property line is shown This setback should be expanded to ten feet to meet the minimum UDC requirement as described above. Refuse Areas: The Sanitary Services Company (SSC) has commented that some of the proposed dumpster locations may not be adequately designed. Further, the submitted plans call -out chain link fencing with vinyl slats as screening for the refuse containers. Staff believes that a solid wood or block fence would be more appropriate to screen the refuse containers from the street. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 11 fOCITY OF MERIDIAN PLANNIIAEPARTMENT STAFF REPORT FOR THE HEG DATE OF AUGUST 22,2006A natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The applicant states that 10.8% (0.48 acres) of the site is being set aside for common open space. Vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association(s). Private Useable Qpen Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed development appears to meet the minimum requirement as described. Parking: UDC 11 -3C -6A requires multi -family dwellings with 2 or more bedrooms to have a two -car covered carport or garage for each unit. All of the proposed 48 units have two car garages. Private Streets: There are some units within the development that are set back from the public street some distance. These units may be difficult for emergency services, delivery services and the general public to find. Therefore, staff recommends that the applicant submit a private street application for the "driveways" off of North Jericho Way and Sandlin Avenue. These private streets should carry street names approved by the Ada County Street Naming Committee and comply with the private street standards listed in UDC 11-3F. Staff is generally supportive of private streets for multi -family developments. The aolicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F. Amenities: The applicant is required to provide amenities for the multifamily development. For multi -family developments between twenty and seventy-five units three amenities shall be provided with one from each category (UDC 11 -4 -3.27D -2b). The applicant is providing amenities as follows: Development map/directory, community club house and fitness facility (Quality of Life), playground with parent area (Recreation) picnic tables and patio (Quality of Life), and open space with walking paths (Open Space). Staff believes that the proposed amenities are sufficient for a multi family development of this size. Elevations: The applicant has submitted building elevations for the proposed 8-plex structures (see Exhibit A). UDC 114.3 requires multifamily structures to comply with the design standards listed in this section. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Staff will ensure that when CZC applications are submitted for construction of the 8-plex buildings in the future, that the elevations comply with the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF AUGUST 22, 2006 UDC requirements. Existing Residences/Buildings: The site currently contains one existing residence. The applicant proposes to relocate or remove all structures prior to construction. Fencing: The applicant has not proposed to construct fencing along any portion of the property lines. Staff believes that six-foot high solid fencing should be constructed along gpy portion of the property line that is not currently fenced This fencing will help act as a buffer between the proposed development and any future commercial development to the north. 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, and common open space fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems 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 -06-028 and PP -06-028, and CUP -06-021 with the conditions listed in Exhibit B of the Staff Report for the hearing date of July 20, 2006. On July 20, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications On September 12 2006 the City Council approved the subiect apulications. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF AUGUST 22 ,2006 006 11. EXHMITS A. Drawings 1. Preliminary Plat (dated: 6-16-06) 2. Landscape Plan (dated: 6-15-06) 3. Site Plan (dated 6/15/06) 4. Elevations 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 Unified Development Code Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 14 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF AUGUST 22, 2006 A. Drawings 1. Preliminary Plat (dated: 6-16-06) T- T -- J J*ucusma PLUM coo Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF AUGUST 22, 2006 2. Landscape Plan (dated 6-15-06) m�m®eesos � - Fi Exhibit A — Page 2 ooov a H14v M81M1mVd s6nm i r J CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEXG DATE OF AUGUST 22, 2006 3. Site Plan (dated 6-15-06) w did UR __V—s Exhibit A — Page 3 RAV VaMWj tagM 0-n 0. wo 'o LIM e -i ram. 2rr,.;jl N11 1111,01,11:/%J, �,�,- . . ... w2, mliNfiff MINIM Mai,Imilm MIMEJAIMA m EV Z-AWSAIIIII gq Q 1 / \7.21 -P-1 m EI m CITY OF MERIDIAN PL � G DEPARTMENT STAFF REPORT FOR THE HESG DATE OF July 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIlVIINARY PLAT (PP -06-028) 1.1.1 The preliminary plat labeled as PRE, prepared by Briggs Engineering, Inc., dated June 16, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-014) and Conditional Use Permit (CUP -06-021) applications, and the Development Agreement for this property, shall also be considered conditions of the Preliminary Plat (PP -06-012). 1.1.2 Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is approved with the following modifications/notes: 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 All existing structures shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.4 The applicant shall submit a Private Streets Application for the driveway that runs through lot 1 prior to any construction or site development. 1.1.5 Provide the following amenities: 0.48 acres of common open space, a community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a playground with parent area, patio with picnic tables, and walking paths throughout the development. 1.1.6 Cross access to/from the proposed North Jericho Way shall be provided to the parcel to the west, for future development along Fairview Avenue. 1.1.7 Six-foot high solid fencing shall be constructed along any pertien of the perimeter property lines. that efe not eaffentlfeneed. A dw '1 ,] f . iRg pian ..1....11 be .._ bmi4-d upon ---h - i - of .. fin -Ed Plat. If r is , tempos open s and miem path feneing shall be designed aeoeMing to UDC 11 3A 7. 1.1.8 Provide a minimum ten foot setback along all perimeter property lines, including the northern property line adjacent to the commercial zone, as required by UDC 11-4-3.27B1. 1.1.9 Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association. Exhibit B — Page l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-028) 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 Staffs 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. 1.3 SITE SPECIFIC REQUIREMENTS - CONDITIONAL USE PERMIT (CUP -06-021) 1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi -family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.2 The dumpster locations shall be redesigned to meet the requirements of The Sanitary Services Company (SSC). All refuse areas shall be screened on three sides with a solid wood or block fence to help mitigate the visual and acoustic impacts of these functions. Exhibit B — Page 2 CITY OF MERIDIAN PANG DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF July 20, 2006 1.3.3 Provide at least 80 square feet of private, usable open space for each 8-plex unit, such as a patio or deck. 1.3.4 All elevations of the eight-plex buildings shall conform to the elevations in Exhibit A of the Staff Report. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.3.5 All comments and conditions of the accompanying Annexation (AZ -06-028) application and Preliminary Plat (PP -06-028) application shall also be considered conditions of the Conditional Use Permit (CUP -06-021). 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Danbury subdivision to the south. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall be required to extend a sewer main to the parcel to the north, indicated on the preliminary plat as #S1107120650. 2.3 Water service to this site is being proposed via extension of mains in Danbury 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 The applicant shall be required to connect to mains in W. Fairview to the north and Sandlin to the south. Upsizing of the water mains in this development may be required during plan review once specific fire flow requirements for the proposed structures are determined. 2.5 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. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 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. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.8 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 Exhibit B — Page 3 CITY OF MERIDIAN PAING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting the dimensional standard 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 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 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 Exhibit B — Page 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF July 20, 2006 requirements for unobstructed sidewalk access. 2.22 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. 2.23 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. 2.24 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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 tum around. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The proposed multi -family lots have an estimated 48 units with a total estimated population of 139 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B — Page 5 CITY OF MERIDIAN PLAVING DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). An addressing plan for the stairwells and doors shall also be included to ensure that emergency personnel can quickly locate each unit 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. Police Department 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning and Zoning Department. All parking Exhibit B — Page 6 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.4 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site SpeciXc Conditions oLApproval 7.1.1 Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. Construct a 5 -foot detached concrete sidewalk a minimum of 58 -feet from the center line of Fairview Avenue abutting 7.1.2 Dedicate approximately 10 -feet of right-of-way 220 -feet along the west side of S. Jericho Way from Fairview Avenue to the northwest property line. 7.1.3 Construct all internal streets as a 36 -foot street section with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right-of-way. 7.1.4 Construct Sandlin Avenue to align with existing Sandlin Avenue to the south as proposed. Align South Jericho with Jericho north of Fairview Avenue. 7.1.5 Comply with all Standard Conditions of Approval. Exhibit B — Page 7 CITY OF MERIDIAN PARING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 Standard Conditions oo Ap roval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 8 CITY OF MERIDIAN PLAIRING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 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 8.1 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 9 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 C. Legal Description REVISED ANNEXATION DESCRIPTION FOR DISCOVERY SPRINGS August 17, 2006 A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7, T.3N., RAE., BM., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89054'45" W ALONG THE NORTH LINE OF THE NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTHEAST CORNER OF THE NW4 OF THE NE4 OF SAID SECTION 7; THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 0"04'14"W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF WEST SIDE OF DANBURY FAIR SUBDIVISION NO.6 667.97 FEET TO A POINT ON THE NORTH SIDE OF DANBURY FAIR SUBDIVISION NO. 1; THENCE S 89°50'42" W ALONG SAID NORTH LINE 403.28 FEET TO A POINT; THENCE N 0008109" E LEAVING SAID NORTH LINE 460.96 FEET TO A POINT; THENCE S 89°5445" E 194.03 FEET TO A POINT; THENCE S 00004'14" W 41.29 FEET TO A POINT; THENCE S 89°5445" E 123.71 FEET TO A POINT; THENCE N 0004!14"E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF THE NE4; THENCE ALONG SAID NORTH LINE S 89°5445" E 85.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS. pS WAYNE K. BARB a PLS 8444 4.44 a d-. aln F X ®p' 50406-revannex.doc Exhibit C — Page 1 CITY OF MERIDIAN PANG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 S 89'5445 � E SBI -------- -AVL-- 85.00 �P\-------------- -- ----.-.-.-.-.-.-.- -- Ig N N. IN IW I� Iz F—s 89'54'45' E 194.03' — — j 41.29' S 89'54'45'E 123.71' Is ao'o414 w I I 1 I� 1W PRORM AM1E%AM PARCEL p 4.49 ACRES IS Iz I I I I 1 S 89'50'42' w 403.28' Exhibit C — Page 2 w l9L z� I 0 0 a Oz U T 0 O T E g �g P ow Yj CITY OF MERIDIAN PARING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-15. City Council fords that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-15 zoning amendment will provide a buffer between the existing single family detached units to the south and east and any future commercial development along Fairview Ave. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R-15 would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 2 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE AG DATE OF July 20, 2006 City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See 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, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; 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 City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D — Page 3 CITY OF MERIDIAN PAING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council finds that the general design (as amended), construction, operation and maintenance of the multi -family use will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. City Council finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. City Council finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D — Page 4 CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 5 October 6, 2006 CUP 06-021 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Horizon Development ITEM NO. (p , E REQUEST Findings for Approval -- Request for a Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units on 2 lots totaling 4.43 acres in proposed R-15 zone for Touchstone Place SubdvlWon AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: Date: Phone: Emailed: Staff Inttiats: Materials presented at publk meetings dull become properly of the Clly of Mede km 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • �p IL. 0 .°aTF q In the Matter of Annexation and Zoning of 4.43 acres from R1M to R-15 AND Preliminary Plat approval for 2 residential building lots and 2 common lots AND Conditional Use Permit approval for a multifamily development consisting of 48 dwelling units, for Touchstone Place Subdivision, by Horizon Development. Case No(s). AZ -06-028 and PP -06-028 and CUP -06-021 For the City Council Hearing Date of. September 26, 2006 (Continued from August 22, 2006 and findings on the October 10, 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 -06-028 and PP -06-028 and CUP -06-021 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 Preliminary Plat dated June 16, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the annexation shall include the entire legal parcel as it is currently described. b. That the final plat shall include all of the annexed property including any disputed areas, OR, that any annexed land excluded from the final plat shall be conveyed to the adjacent property owner(s) prior to signature of the final plat. 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 9 • the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 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 -06-028 and PP -06-028 and CUP -06-021 0 • By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED O!�4k, COUNCIL MEMBER JOE BORTON VOTED_ _g COUNCIL MEMBER CHARLIE ROUNTREE VOTED_44� COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED �— ATTEST: G. BERG, Copy served upon: MAYO MY de WEERD o , B AL = JR C111 CLFRK �A/ Obi Applicant®'eia�®a Planning Depar�i�i� Public Works Department City Attorney By: Dated: �Clerk'sffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-028 and PP -06-028 and CUP -06-021 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 s STAFF REPORT Hearing Date: 8/22/2006 (Approve on 9/26/2006) TO: Mayor and City Council FROM: Justin Lucas �. Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Touchstone Place Subdivision AZ -06-028 Annexation and Zoning of 4.43 acres from RIM (Ada County) to R-15 (Medium High -Density Residential). PP -06-028 Preliminary Plat approval of two residential building lots (proposed to contain 48 multifamily units) and two common lots on 4.43 acres in a proposed R-15 zone. CUP -06-021 Conditional Use Permit approval to construct a multi -family development consisting of 48 dwelling units (6 eight-plexes) on two lots totaling 4.43 acres in a proposed R-15 zone. 1. SUNEVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Horizon Development, has applied for Annexation and Zoning (AZ) to R-15 (Medium High -Density Residential) for 4.43 acres of property currently zoned RIM in Ada County. The site is located on the south side of Fairview Avenue across from N. Jericho Road, approximately 1,300 feet west of Locust Grove Road. Currently, there is one single-family home with associated outbuildings on this site. All of the existing structures on the site are to be removed. The subject property is within the Urban Service Planning Area. 2. SUND4ARY RECOMMENDATION The subject applications (AZ, PP and CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff is recommending approval of the proposed Touchstone Place Subdivision (AZ - 06 -028, PP -06-028, and CUP -06-021) with the conditions listed in Exhibit B of the Staff Report The Meridian Planning and Zoning Commission heard the item on July 20 2006 At the public hearing they moved to recommend approval On September 26 2006 the City Council aap roved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Jeff Mach, Sabrina Whitehead ii. In opposition: Greg Vastobin iii. Commenting: Karalee Blau, Lorinda Williams iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood b. Key Issues of Discussion by Commission: i. — Proposed height of the buildings; Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 1 CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HESG DATE OF AUGUST 22, 2006 ii. —Residential condominiums c. Key Commission Changes to Staff Recommendation: i. —Required six foot high solid fencing along perimeter property lines. d. Outstanding Issue(s) for City Council: i. — Updated legal description of the proposed annexation. 1. Staff has met with the applicant to resolve this issue; 2. The current staff report only contains a written legal description; 3. A map and closure report is still required for review and final approval by public works. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -028, PP -06-028, and CUP -06-021 as presented in the Staff Report for the hearing date of August 22, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -028, PP -06-028, and CUP -06-021 as presented during the hearing of August 22, 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 and CUP.) Continuance I move to continue File Numbers AZ -06-028, PP -06-028, and CUP -06-02 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: 1187 E. Fairview Ave. across from N. Jericho Rd. approximately 1300 feet west of Locust Grove Road /3N1E07. b. Owner: Clarence and Berna Morgan P.O. Box 191096 Boise, Idaho 83719 c. Applicant: Horizon Development 1187 E. Fairview Ave. Meridian, Idaho 83642 d. Representative: Sabrina Whitehead, Briggs Engineering e. Present Zoning: R1M (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 4.43 acres to R-15, Preliminary Plat approval of two multi -family building lots with two common lots and Conditional Use approval of a 48 multi - Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 family dwellings contained in six eight-plexes. The gross density of the project is 10.83 dwelling units per acre. Approximately 10.8% (0.4 acres) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 6/16/06 2. Date of landscape plan (attached in Exhibit A): 4/15/05 3. Date of site plan (attached in Exhibit A) 6/15/06 h. Applicant's Statement/Justification: Horizon Development has been very active to get the surrounding neighbors input. On January 5, 2006 the first neighborhood meeting was conducted. With the neighbors concerns voiced the developer went back to the drawing board to redesign the layout to make it more compatible with the surrounding neighbors needs. We believe that Touchstone Place will be an aesthetic, as well as an asset to the City of Meridian. (please see Applicant's Submittal Letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: July 3`d and July 17u', 2006 (Planning Commission) and July 31 s` and August 14"`, 2006 (City Council) e. Radius notices mailed to properties within 300 feet on: June 23`d, 2006 (Planning Commission) and June 28t`, 2006(City Council) f. Applicant posted notice on site by: July 10`", 2006 (Planning Commission) and August 12`", 2006(City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family home and some associated outbuildings on this site. All structures will be removed from the site. b. Description of Character of Surrounding Area: This site is located in between medium density residential uses to the east and south and commercial development to the west and north. This location makes this an area of transition between detached single family development and commercial uses along Fairview Avenue. The site is considered infill development. c. Adjacent Land Use and Zoning: 1. North: Commercial Uses, zoned C -G 2. East: 6 single-family lots within Danbury Fair Subdivision, zoned R-8 and 1 commercial parcel zoned C -G. 3. South: 5 single-family lots within Danbury Fair Subdivision, zoned R-8 Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 3 CITY OF MERIDIAN PLANNAkEPARTMENT STAFF REPORT FOR THE HE G DATE OF AUGUST 22, 2006 4. West: 8.25 acre Lithia Motors parcel zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is a sewer stub in Sandlin located to the south of this project. Location of water: There is a water stub in Sandlin located to the south of this project, and a main in W. Fairview Avenue to the north. Issues or concerns: Sewer service to parcel #S 1107120650. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: No hazards have been identified on this site. 6. Proposed Zoning: R-15 (Medium High -Density Residential) 7. Size of Property: 4.43 acres f. Subdivision Plat Information: 1. Residential Lots: 2 2. Non-residential Lots: 0 3. Total Building Lots: 2 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots: 4 7. Gross Density: 10.83 units per acre (net density is 14.41 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 25 -foot wide landscape buffer is required adjacent to arterial streets. Fairview Avenue is a classified principal arterial roadway. Street buffers are not required on any of the internal, local streets. 2. Width of buffer(s) between land uses: required on this site. 3. Percentage of site as open space: No landscape buffers between uses are 0.4 acres/10.8% 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). See Section 10, Analysis below. h. Amenities: Clubhouse facility with exercise room, playground, open space with pathways, and patio areas with barbeques. i. Off -Street Parking: UDC 11-3C-6 requires each multi -family dwelling with more than one bedroom to have 2 parking spaces in a covered carport or garage. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 j. Proposed and Required Residential Standards: R-15 — Multi Family Standards (see UDC 114-3.27) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 20 20 Side 10 10 Rear 10 10 Frontage 0 0 Lot Size N/A 2,400 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to provide primary access to all of the dwellings within this development via a new public street connection (North Jericho Road.) to Fairview Avenue. This new public street will run south from Fairview Avenue through the proposed development and connect with the existing Sandlin Avenue in the Danbury Fair Subdivision. The total width of the proposed public right of way is 50 -feet with 36 -feet wide street sections (measured back of curb to back of curb). The right of way will also contain five-foot wide sidewalks that are adjacent to the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On June 30, 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 "Commercial" on the Comprehensive Plan Future Land Use Map. Chapter VII, Section C (pg. 95) of the Comprehensive Plan contains a definition of the commercial designation. This definition includes multi -family residential as an acceptable use in commercial areas. Beyond this definition staff finds that there is a strong argument for saying that the policies set forth in the comprehensive plan support multi -family residential use on this site. These policies are described at length below. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 5 CITY OF MERIDIAN PLANNINIi DEPARTME • NT STAFF REPORT FOR THE HEARING DATE OF AUGUST 22, 2006 • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 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 south. Staff believes that the applicant has done an adequate job of connecting and extending the existing stub street. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct sidewalks adjacent to all of the proposed streets, which connect to adjacent properties, Fairview Avenue and Sandlin Avenue. The applicant is also proposing to construct a 4 -foot wide pathway system within the development to help link the buildings together and provide pedestrian access to the proposed sidewalks. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII Goal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. The applicant has a chosen this site on Fairview Avenue to construct the proposed multi family Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 6 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF AUGUST 22, 2006 development. Staff finds that this location is favorable for such a development because of the access future residents will have to goods and services offered along Fairview Avenue. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Chapter VII Goal V Objective A Action 14. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. 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 medium high-density residential zone. Staff finds that this project acts as a good buffer between the commercial uses on Fairview Avenue and the existing single- family residential properties to the south and east of the proposed development. Chapter VII Goal IV Objective A Action 6. Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. See above Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application is requesting an R -IS zone. Stafffinds that this location is favorable for this zoning designation because of its proximity to services along Fairview Avenue. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. Staff believes that the proposed density (10.83 d.u.'s/acre) and zoning (R -IS) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists multi -family dwellings as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-15 Medium High -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 7 CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HANG DATE OF AUGUST 22 2006 multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site desian (UDC 11-4-3 27B): Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements WDC 11-4-3 27CZ A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities WDC 114-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 8 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF AUGUST 22, 2006 Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.2M Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-4-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 9 CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HAG DATE OF AUGUST 22, 2006 AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-15 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 Apfil14, August 17, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not ne atg ively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: multifamily development and allowed accessory uses of the R-15 zone. • That a maximum of 48 units will be constructed on this site. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, constructed in accordance with City Code, be installed along Fairview Avenue prior to occupancy of any new dwelling units. • That cross access to/from the proposed North Jericho Way be provided to the parcel to the west, for future development along Fairview Avenue. • That the annexation legal description shall include the entire legal parcel as it is currently described. • That the final plat shall include all of the property being annexed Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 10 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HAG DATE OF AUGUST 22, 2006 with the Touchstone Place development including all "disputed" areas, OR, that any land area that is annexed with the Touchstone Place development that is not included within the boundaries of the final plat for Touchstone Place shall be conveyed to the adiacent property owner, prior to signature of the final plat by the City Engineer. 2. PP/CUP Applications: Special Considerations: Landscaping_: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet Ll, is approved with the following modifications/notes: • 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). Multi -family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9 above for a complete list.) These standards apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.27. Multi -family Setbacks: UDC 11-4-3.27 states that multifamily developments with multiple properties shall be considered as one property for the purpose of implementing certain standards such as setbacks. Due to the nature of multi -family developments it can be difficult to determine the proper setback requirements. UDC 11-4-3.27 states that multi -family buildings shall provide a minimum setback of ten feet unless a greater setback is otherwise required. With that stated staff believes that this standard should be applied to all structures adjacent to perimeter property lines including garages. The current proposal shows variations in the setback to the perimeter property lines; a setback of five feet along the northern proppgy line is shown. This setback should be expanded to ten feet to meet the minimum UDC requirement as described above. Refuse Areas: The Sanitary Services Company (SSC) has commented that some of the proposed dumpster locations may not be adequately designed. Further, the submitted plans call -out chain link fencing with vinyl slats as screening for the refuse containers. Staff believes that a solid wood or block fence would be more appropriate to screen the refuse containers from the street. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. en Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE I 1 CITY OF MERIDIAN PLANNIN DEPARTMENT STAFF REPORT FOR THE HERG DATE OF AUGUST 22, 2006 natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The applicant states that 10.8% (0.48 acres) of the site is being set aside for common open space. Vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association(s). Private Useable Qpen Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed development appears to meet the minimum requirement as described. Parkine: UDC 11 -3C -6A requires multi -family dwellings with 2 or more bedrooms to have a two -car covered carport or garage for each unit. All of the proposed 48 units have two car garages. Private Streets: There are some units within the development that are set back from the public street some distance. These units may be difficult for emergency services, delivery services and the general public to find. Therefore, staff recommends that the applicant submit a private street application for the "driveways" off of North Jericho Way and Sandlin Avenue. These private streets should carry street names approved by the Ada County Street Naming Committee and comply with the private street standards listed in UDC 11-3F. Staff is generally supportive of private streets for multi -family developments. The applicant should design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F. Amenities: The applicant is required to provide amenities for the multifamily development. For multi -family developments between twenty and seventy-five units three amenities shall be provided with one from each category (UDC 11 -4 -3.27D -2b). The applicant is providing amenities as follows: Development map/directory, community club house and fitness facility (Quality of Life), playground with parent area (Recreation) picnic tables and patio (Quality of Life), and open space with walking paths (Open Space). Staff believes that the proposed amenities are sufficient for a multi family development of this size. Elevations: The applicant has submitted building elevations for the proposed 8-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with the design standards listed in this section. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Staff will ensure that when CZC applications are submitted for construction of the 8-plex buildings in the future, that the elevations comply with the Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 12 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HANG DATE OF AUGUST 22, 2006 UDC requirements. Existing Residences/Buildings: The site currently contains one existing residence. The applicant proposes to relocate or remove all structures prior to construction. Fencing: The applicant has not proposed to construct fencing along any portion of the property lines. Staff believes that six-foot high solid fencing should be constructed along any portion of the property line that is not currently fenced This fencing will help act as a buffer between the proposed development and any future commercial development to the north. 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, and common open space fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including waterways being used as amenities, that intersect, cross or he 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 -06-028 and PP -06-028, and CUP -06-021 with the conditions listed in Exhibit B of the Staff Report for the hearing date of July 20 2006. On July 20, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications On September 12 2006 the City Couneil approved the subiect applications Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 13 CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HEAPG DATE OF AUGUST 22, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 6-16-06) 2. Landscape Plan (dated: 6-15-06) 3. Site Plan (dated 6/15/06) 4. Elevations 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 Unified Development Code Touchstone Place Subdivision AZ-06-284/PP-06-028/CUP-06-021 PAGE 14 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22 2006 A. Drawings 1. Preliminary Plat (dated: 6-16-06) Exhibit A — Page I i--- ------- Exhibit A — Page I CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HANG DATE OF AUGUST 22, 2006 2. Landscape Plan (dated 6-15-06) N -1 77 —= @-71 ill Win kz Cft Exhibit A — Page 2 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF AUGUST 22, 2006 3. Site Plan (dated 6-15-06) Exhibit A — Page 3 HAI SAV OMMWA IV ---- ----- ---- ----- %MIA rv,jjj 0. 'EU O"n alunwelo-m *u 2 tg@ HAI SAV OMMWA IV ---- ----- ---- ----- %MIA rv,jjj 0. 9 IN -,- al -- a}a M.911011M im EM 'ss'WHO FLU, CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELEMI NARY PLAT (PP -06-028) 1.1.1 The preliminary plat labeled as PRE, prepared by Briggs Engineering, Inc., dated June 16, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-014) and Conditional Use Permit (CUP -06-021) applications, and the Development Agreement for this property, shall also be considered conditions of the Preliminary Plat (PP -06-012). 1.1.2 Landscaping: The landscape plan prepared by Design Studio, on 6-15-06, labeled Sheet L1, is approved with the following modifications/notes: 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 All existing structures shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.4 The applicant shall submit a Private Streets Application for the driveway that runs through lot 1 prior to any construction or site development. 1. 1.5 Provide the following amenities: 0.48 acres of common open space, a community club house and fitness facility, a property management office, a maintenance storage area, a development map/directory, a playground with parent area, patio with picnic tables, and walking paths throughout the development. 1.1.6 Cross access to/from the proposed North Jericho Way shall be provided to the parcel to the west, for future development along Fairview Avenue. 1.1.7 Six-foot high solid fencing shall be constructed along my peftien of the perimeter property lines. thM aFe not Guffenfly feneed. A detailed feneing plan shaR be submitted upon applioatien of fifig PW. If F m. ; building- Permanent a is net Y F, + .t be inst ged ffeund the pefiffieten Pefimeter-, open spaee, and ageFe path &wing shal-1 be designed aeeeFdiag to UDC 11 3A 7. 1.1.8 Provide a minimum ten foot setback along all perimeter property lines, including the northern property line adjacent to the commercial zone, as required by UDC 11-4-3.27B1. 1.1.9 Maintenance of all common areas shall be the responsibility of the Touchstone Place Home Owners' Association. Exhibit B — Page 1 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-028) 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. 1.3 SITE SPECIFIC REQUIREMENTS - CONDITIONAL USE PERMIT (CUP -06-021) 1.3.1 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi -family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.2 The dumpster locations shall be redesigned to meet the requirements of The Sanitary Services Company (SSC). All refuse areas shall be screened on three sides with a solid wood or block fence to help mitigate the visual and acoustic impacts of these functions. Exhibit B — Page 2 CITY OF MERIDIAN PAIING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 1.3.3 Provide at least 80 square feet of private, usable open space for each 8-plex unit, such as a patio or deck. 1.3.4 All elevations of the eight-plex buildings shall conform to the elevations in Exhibit A of the Staff Report. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.3.5 All comments and conditions of the accompanying Annexation (AZ -06-028) application and Preliminary Plat (PP -06-028) application shall also be considered conditions of the Conditional Use Permit (CUP -06-021). 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Danbury subdivision to the south. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall be required to extend a sewer main to the parcel to the north, indicated on the preliminary plat as #S 1107120650. 2.3 Water service to this site is being proposed via extension of mains in Danbury 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 The applicant shall be required to connect to mains in W. Fairview to the north and Sandlin to the south. Upsizing of the water mains in this development may be required during plan review once specific fire flow requirements for the proposed structures are determined. 2.5 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. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 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. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.8 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 Exhibit B — Page 3 CITY OF MERIDIAN PLAING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting the dimensional standard 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 9-14 and 94-8. 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 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 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 Exhibit B — Page 4 CITY OF MERIDIAN PLOING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 requirements for unobstructed sidewalk access. 2.22 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. 2.23 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. 2.24 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 V2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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 tum around. 3.4 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The proposed multi -family lots have an estimated 48 units with a total estimated population of 139 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B — Page 5 CITY OF MERIDIAN PAIING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). An addressing plan for the stairwells and doors shall also be included to ensure that emergency personnel can quiqkly locate each unit 3.12 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.17 Buildings er &eilities exeeeding 30 &et (9144 mm) er- thme ster-ies ia height sh&H have at 1 thfee meam of fife rreach Ametwe.\ mess icv� 4. Police Department 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.3 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning and Zoning Department. All parking Exhibit B — Page 6 CrrY OF MERIDIAN PAIING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF July 20, 2006 spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.4 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.6 The loading areas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1.1 Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. Construct a 5 -foot detached concrete sidewalk a minimum of 58 -feet from the center line of Fairview Avenue abutting 7.1.2 Dedicate approximately 10 -feet of right-of-way 220 -feet along the west side of S. Jericho Way from Fairview Avenue to the northwest property line. 7.1.3 Construct all internal streets as a 36 -foot street section with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right-of-way. 7.1.4 Construct Sandlin Avenue to align with existing Sandlin Avenue to the south as proposed. Align South Jericho with Jericho north of Fairview Avenue. 7.1.5 Comply with all Standard Conditions of Approval. Exhibit B — Page 7 CITY OF MERIDIAN PANG DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 Standard Conditions ofd roval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2. 10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless Exhibit B — Page 8 CITY OF MERIDIAN PLWG DEPARTMENT STAFF REPORT FOR THE HENG DATE OF July 20, 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 8.1 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 9 CITY OF MERIDIAN PANG DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 C. Legal Description REVISED ANNEXATION DESCRIPTION FOR DISCOVERY SPRINGS August 17, 2006 A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7, T.3N., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 89°54'45" W ALONG THE NORTH LINE OF THE NE4 OF SAID SECTION 7, 1320.50 FEET TO THE NORTHEAST CORNER OF THE NW4 OF THE NE4 OF SAID SECTION 7; THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 0004'14"W ALONG EAST LINE OF SAID NW4 AND ALONG A PORTION OF WEST SIDE OF DANBURY FAIR SUBDIVISION NO.6 667.97 FEET TO A POINT ON THE NORTH SIDE OF DANBURY FAIR SUBDIVISION NO. 1; THENCE S 89050'42" W ALONG SAID NORTH LINE 403.28 FEET TO A POINT; THENCE N 0008109" E LEAVING SAID NORTH LINE 460.96 FEET TO A POINT; THENCE S 89°54'45" E 194.03 FEET TO A POINT; THENCE S 00004'14" W 41.29 FEET TO A POINT; THENCE S 89°5445" E 123.71 FEET TO A POINT; THENCE N 0004'14" E 250.00 FEET TO A POINT ON THE SAID NORTH LINE OF THE NE4; THENCE ALONG SAID NORTH LINE S 89054'45" E 85.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 4.55 ACRES MORE OR LESS. o5 w WAYNE K. BARB a PLS 8444 IL 50406-revannex.doe Exhibit C — Page 1 CITY OF MERIDIAN PLATwNING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 a �i fl a ROW e mc POINT OF S 89'54'45'E BEGINNING m s >€ --------��--- 85.00 6 5 ............ - - ------ ------------- - I -1 v 7 8 ROW I I N 1 0,45 W I� I N I i H U2 I O �S 89'54'45' E 194.03' I1 j i o I8 J i 0 1 S 00'04'14?W S 89'5445 E 123.71' I i E- g I I+ W I; _ j IAJ PROPM AIilE1WM PARC15 ( I 4.0 ACRES i is ops to I 4a g J0 1 I X alb I t I µ� I 9 I � I S 89'50'42' W 403.28' Exhibit C — Page 2 CITY OF MERIDIAN PAING DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF July 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-15. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R-15 zoning amendment will provide a buffer between the existing single family detached units to the south and east and any future commercial development along Fairview Ave. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R-15 would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D — Page 2 CITY OF MERIDIAN PLOING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fords 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, City Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, 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 City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Exhibit D — Page 3 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF July 20, 2006 City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council finds that the general design (as amended), construction, operation and maintenance of the multi -family use will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. City Council finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. City Council finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the Exhibit D — Page 4 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF July 20, 2006 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 5 October 6, 2006 AZ 06-029 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Reed Kofoed ITEM NO. REQUEST Findings for Approval — Request for Annexation and Zoning of 10.39 acres from RUT to R-4 zones for SUversprings Subdivision — south side of McMillan Road and west of Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See altached Findings CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: efyll� 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: c e Contacted Date: d Phone: (p — Emailed: bs i�; 9 ,c( i ie�on c,,- ii can St Initis Materials presented at public meetings shall become properly of the Cily of Meditm • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • eq e1Wfir, 1� IDAHO ,& �V In the Matter of Annexation and Zoning of 10.39 acres from RUT (Ada County) to R-4 (Medium -Low Density Residential) AND Preliminary Plat approval for 29 single-family residential building lots and 4 common lots on 9.88 acres in a proposed R4 zone, by Reed Kofoed. Case No(s). AZ -06-029 and PP -06-029 For the City Council Hearing Date of: September 19th and 26th, 2006 (findings on October 10, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 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 -06-029, PP -06-029 • 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 September 19, 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 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 September 19, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-029, PP -06-029 0 i 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 September 19, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-029, PP -06-029 17-� 11 By action of the City Council at its regular meeting held on the 11 ' day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED _ge�� COUNCIL MEMBER JOE BORTON VOTED_#� COUNCIL MEMBER CHARLIE ROUNTREE VOTED—_,,�� COUNCIL MEMBER KEITH BIRD VOTED__';�C� TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: G. BERG, Copy served upon: MAYOR T de WEERD CyF S-4, JR C CLFK- ✓ Applicant i Planning Dep artitwit 'a� Public Works Department City Attorney By -AADated: I® -1`1 -OU rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-029, PP -06-029 CITY OF MERIDIAN PLANNOIDEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 r STAFF REPORT Hearing Date: 9/19/2006 (approved at 9/26/06 meeting) TO: Mayor & City Council FROM: Jenny Veatch, Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Silversprings Subdivision AZ -06-029 Annexation and Zoning of 10.39 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential). PP -06-029 Preliminary Plat approval of 29 single-family residential building lots and 4 common lots on 9.88 acres in a proposed R-4 zone, by Reed Kofoed. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Reed Kofoed, representing F&C Development Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) for 9.88 acres of property currently zoned RUT in Ada County and Preliminary Plat approval of 29 single-family residential building lots and 4 common lots on 9.88 acres. The site is located on the south side of E. McMillan Road and east of N. Meridian Road. The existing homes on this site will be retained and the accessory structures on or near Lot 13, Block 1 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 SilverWrina Subdivision (AZ -06-029 and PP -06-029) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission heard these items on August 17 2006 At the public hearing they moved to recommend approval. On September 26, 2006 the Meridian City Council voted to approve the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Ross Erickson ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood, Mike Cole b. Key Issues of Discussion by Commission: i. Clarification of ingress -egress easement at East Copper Ridge Street, and why a stub to this property was not provided. c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Silversprings Subdivision AZ-06-029/PP-06-029 PAGE I CITY OF MERIDIAN PLANNINti DEPARTMENT STAFF REPORT FOR THE HEARINGOTE OF SEPTEMBER 19, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -029 and PP -06-029 as presented in staff report for the hearing date of September 19, 2006 with the following modifications: (Add any proposed modifications.) Continuance I move to continue File Numbers AZ -06-029 and PP -06-029 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 029 and PP -06-029 as presented during the hearing on September 19, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 805 and 905 E. McMillan Road; on the south side of E. McMillan Road and east of N. Meridian Road in Section 31, Township 4 North, Range 1 East. Note: This is a resubdivision of Lot 1 and Lot 2, Block 1 of the Crestwood Subdivision No. 1. b. Owners: Lloyd and Marolyn Wutherich, and W. Leigh Brinkerhoff 905 E. McMillan Road, 805 E. McMillan Road Meridian, ID 83642 c. Applicant: Reed Kofoed 228 E. Plaza Street, Suite G1 Eagle, ID 83616 d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 9.88 acres to R4 and Preliminary Plat approval of 29 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 10,998/square feet. The gross density of the project is 2.94 dwelling units per acre. Approximately 9.26 percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 7/19/06 2. Date of landscape plan (attached in Exhibit A): 7/19/06 5. PROCESS FACTS Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 2 CITY OF MERIDIAN PLANNYDEPARTMENT STAFF REPORT FOR THE FIEARING40TE OF SEPTEMBER 19, 2006 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: July 3rd and July 17t', 2006 (for P & Z Commission hearing) and August 28t` and September 11`h, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: June 23rd, 2006 (for P & Z Commission hearing) and August 25th, 2006 (for City Council hearing) e. Applicant posted notice on site by: July l Ot', 2006 (for P & Z Commission hearing) and September 7t`, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): All existing homes are to be retained and connected to City water and sewer services. An accessory structure on Lot 3, Block 1 will be retained and another on Lot 13, Block 1 will be removed. b. Description of Character of Surrounding Area: This area contains medium low-density residential developments, Prospector Elementary School and a mix of rural parcels in Ada County. c. Adjacent Land Use and Zoning: 1. North: Saguaro Canyon Subdivision, zoned R4 2. South: Prospector Elementary School and Havasu Creek Subdivision No. 4, zoned R-4 3. East: Crestwood Subdivision, zoned RUT (Ada County) 4. West: Cobre (Copper) Basin Subdivision No. 4, zoned R-4 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently a sewer main stubbed near this property through the School site to the south. Location of water: There is currently a water main in N. McMillan Road. Issues or concerns: The ability to design and install the gravity sewer, while retaining the pressure sewer. 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. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low -Density Residential) 5. Size of Property: 9.88 acres Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 3 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING A OF SEPTEMBER 19, 2006 f. Subdivision Plat Information: 1. Residential Lots: 29 2. Non-residential Lots: 0 3. Total Building Lots: 29 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 32 7. Gross Density: 2.94 units per acre (net density is 3.52 d.u./acre) 8. Minimum House Size: 1,800 square feet g. Landscaping 1. Width of street buffer(s): 25 feet along E. McMillan Road 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.915 acres/9.26% 4. Other landscaping standards: Parkway areas are to be 8 -feet wide and contain Class H trees to be counted as common open space (UDC 11 -3A -17E). h. Amenities: Parkways with detached sidewalks, four common lots and a multi -use pathway connecting to elementary school. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,050 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, N. Silversky Avenue, E. Copper Ridge Street and N. Goldwood Place. The applicant is stubbing east near their southern property line to the Crestwood Subdivision. All of the internal streets are local streets with 36 -feet wide street sections with rolled curb, gutter and 4 -foot wide detached sidewalks. Staff is reluctantly in support of the proposed street system. During the approval process for Havasu Creek, the City required a stub street to the eastern property line. However, during the final plat process, the stub was changed and allowed to be installed as a cross access easement. After consulting with ACHD, staff feels Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 4 CITY OF MERIDIAN PLANNINZi DEPARTMENT STAFF REPORT FOR THE HEARINGOTE OF SEPTEMBER 19, 2006 that we are unable to now require the connection. 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 June 30, 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 "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 29 single- family lots on 9.88 acres for a gross density of 2.94 dwelling units/acre. The proposed density complies substantially with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfDD). 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. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 5 CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 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 provide one stub street to the east parcel that is currently zoned in Ada County RUT, which staff anticipates will re -develop in the future. Staff believes that the applicant should provide a public street extending to the west to connect with E. Copper Ridge St., the Cobre Basin Subdivision stub, for better connectivity to the east and west. Staff believes that if the proposed subdivision were to take its access from the east and west, that this could eliminate the access to E. McMillan Road. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall fence around the northern, western and eastern sides of the development. An existing six-foot tall fence on the southern property boundary will be retained. The applicant should plan to provide an opening in the fence at the proposed multi -use pathway connection to Prospector Elementary School. 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. The applicant has also proposed a ten - foot multi -use pathway to connect to Prospector Elementary School. 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. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 6 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEARING It OF SEPTEMBER 19, 2006 The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal 1, 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 is an existing rural residential parcel to the east. The applicant is proposing to construct a six-foot tall privacy fence around this development to screen this subdivision from the larger parcel. The applicant has provided lots over 9, 000 square feet on the east side of the development and kept smaller lots to the south and west side. Staff believes that the property to the east will redevelop soon and that the applicant has considered this in providing transition and screening between properties. 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) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R4 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R4 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 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 May 18, 2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING'D'ATE OF SEPTEMBER 19, 2006 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 low density residential uses. Low density residential areas are defined as three dwelling units or less per acre. The submitted plat has a gross density of 2.94 dwelling units per acre. There are existing rural lots to the east 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. The applicant shall provide 9.26 % (0.915 acres) open space as proposed. Landscaping: The landscape plan prepared by Erickson Civil, Inc. on 7/19/06, is approved with the following modifications/notes: • Per UDC 11 -3A -17E, parkway areas are to be 8 -feet wide and contain Class II trees to be counted as common open space. • Per UDC 11 -3B -10C -5a, mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) • Per UDC 11 -3B -10C-6, required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. • 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. • Per UDC 11 -3G -3F1, all common open space and site amenities shall be the responsibility of an owners association for the purpose of maintaining the common area and improvements thereon. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to provide a public stub street to the Crestwood Subdivision to the east as proposed. Staff believes that the applicant should provide a public street extending to the west to connect with E. Copper Ridge Street, the Cobre Basin stub, for better connectivity to the east and west and to eliminate the access to E. McMillan Road. Staff met with the applicant and representatives from ACHD and the Copper (Cobre) Basin Homeowners' Association regarding the issue of connectivity between the two developments. E. Copper Ridge Street ends in Cobre Basin as an ingress -egress easement. This is currently landscaped as a common lot. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 8 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEARING OF SEPTEMBER 19, 2006 Originally, in the preliminary plat stages of Havasu Creek (of which Cobre Basin is a phase) the road was intended as a stub street for further development to the east. In the final stages for Cobre Basin however, it was changed to an ingress -egress easement. The Homeowners' Association did not wish to dedicate the easement as public -right- of-way for the applicant to connect to E. Copper Ridge Street and take access from the north to south collector, N. Red Horse Way. Their concerns were increased traffic volume and replacement of the landscaping and pressurized irrigation system of the common lot. During the Public hearing. the City Council mentioned that if the applicant does Propose a final Plat that includes a Public street connection to the ingress -egress easement to the west, the plat would be in substantial compliance with this Preliminary plat (a new Preliminary plat application will not be re uired). Existing ResidencesBuildinas: The site currently contains residential and out- buildings. All existing buildings shall be retained or removed as proposed (see Site Plan, dated April 4, 2006). Fencing: The applicant is proposing to construct six-foot, closed -vision fence along the east and west perimeter of the site. An existing six-foot fence along the south perimeter will be retained. The applicant should plan to provide an opening in the fence at the proposed multi -use pathway connection to Prospector Elementary School. 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 Silversprings Home Owners' Association. Ditches, Laterals, and Canals: Per UDC canals, exclusive of any natural waterway, being subdivided shall be covered. 11-3A-6 all irrigation ditches, laterals or that intersect, cross or lie within the area 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 is recommending_ approval of the proposed Silversprings Subdivision (AZ -06-029 and PP -06-029) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on August 17 2006 At the public hearing they moved to recommend approval On September 26 2006 the Meridian City Council voted to approve the subiect applications Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ANOF SEPTEMBER 19, 2006 11. EXHEBITS A. Drawings 1. Preliminary Plat (dated: 7/19/06) 2. Landscape Plan (dated: 7/19/06) 3. Conceptual Development for Crestwood Estates Infill (July 26, 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 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Silversprings Subdivision AZ-06-029/PP-06-029 PAGEI 0 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARING'17ATE OF SEPTEMBER 19, 2006 A. Drawings Preliminary Plat (dated: 7/19/06) Exhibit A — Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARING W OF SEPTEMBER 19, 2006 to s Lxm � g!g - i ,. �.,,, x�-_5ro.cnrowcaa�! a g�� _} a% ..� !'� �I •_� fo 94 f A ♦� to M ,�:- ij b b d A4 - Y x y a •� o og rz4 eR ni st s i$ i - ` <' Tt'�j �t � yp. - �•I tOCVirWw�mtto y Di7 F t v S! 1 y a TV -1 11 taq 1 Y e At4 i +ikLb; I a- s$ N 1 D m v_ Z D U 0 A zm W03 mm� { mm� 54i Z00 o DmN do< Dim pzN CwA Z -;u �00 N N =Nal 010 'U< A� 00 AJZ l CT_ Z 0 m m N i Landscape Plan (dated 7/19/06) Exhibit A — Page 2 CITY OF MERIDIAN PLANARDEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 A Lj; 11� � il, ip, I R., PILI 11 IM N 6 11110 Iloilo U -A Conceptual Development for Crestwood Estates Infill (July 26, 2006) Exhibit A — Page 3 n I 5 Nq 03 1 IN Ig TA A Lj; 11� � il, ip, I R., PILI 11 IM N 6 11110 Iloilo U -A Conceptual Development for Crestwood Estates Infill (July 26, 2006) Exhibit A — Page 3 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARINGITE OF SEPTEMBER 19, 2006 CONCEPT DEVELOPMENT FOR CRESTWOOD ESTATES INFILL SITUATED IN A PORTION OF THE NE 114 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE i EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2006 Exhibit A — Page 4 1 i T; SII L l= ilt r Ti T T 7- I 1 Pr.j_ 1 ,a 1 , r , R Dt r� tt AR' CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEXG DATE OF JULY 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-029) 1.1.1 The preliminary plat labeled as PP -1, prepared by Erickson Civil, Inc., dated July 19, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-029) application shall also be considered conditions of the Preliminary Plat (PP -06-029) 1.1.2 The landscape plan prepared by Erickson Civil, Inc. dated July 19, 2006 is approved with the following modifications/notes: • Per UDC 11 -3A -17E, parkway areas are to be 8 -feet wide and contain Class H trees to be counted as common open space. • Per UDC 11 -3B -10C -5a, mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) • Per UDC 11-3B-1OC-6, required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. • Per UDC 11 -3B -5J-2, there shall be no trees allowed within the twenty -foot sewer easement being dedicated on Lot 25, Block 1. • 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. • Opening to elementary school. 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 Provide a public stub street to the Crestwood Subdivision to the east as proposed. 1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.6 Provide a six-foot tall fence along the east and west perimeter of the development, as proposed. Provide an opening in the existing southern fence at the proposed multi -use pathway connection to Prospector Elementary School. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11- 3A-7. Exhibit B — Page I CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 20, 2006 1.1.7 Maintenance of all common areas shall be the responsibility of the Silversprings Home Owners, Association. 1.1.8 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 inigation/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. 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-029) 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 ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-613-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of a main stubbed near this property in the school property. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall provide Public Works with a sewer easement through the school property prior to construction plan approval. Exhibit B — Page 2 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE BRING DATE OF JULY 20, 2006 2.3 The conceptual sewer plan sho ws the dead end run being run at a.40% grade. The City of Meridian requires dead runs to be .60%. 2.4 There shall be no trees allowed within the twenty -foot sewer easement being dedicated on Lot 25, Block 1. The applicant shall coordinate with the Planning Department to remove these trees and still comply with all landscapi i g requirements. 2.5 All manholes not located in the right-of-way shall have vehicular access for maintenance. 2.6 There is a pressure sewer main that is occupying the existing sewer easement that is not shown on the preliminary plat. The appli -,ant shall coordinate with the Public Works Department prior to construction plan approval an acceptable way to design the gravity sewer around the pressure sewer. 2.7 Water service to this site is being proposed via extension of mains in E. McMillan Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Pub:.ic Works. 2.8 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 fmali2;ed prior to construction plan approval. The detailed agreement with the reimbursable amount s hall be approved by Council prior to plat signature. 2.9 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water s ervices and hydrants). 2.10 Prior to final plat submittal the :applicant shall revise the situate statement to include Lots 1 and 2, Block 1 of Crestwood Subdivision. 2.11 The preliminary plat states that the pressurized irrigation system is to be owned by Settler, while the applicants narrative states it is to be owned by the Homeowners Association. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintair,ed by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.12 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 responsibl,; for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.13 Any houses being retained on sii:e must connect to City services. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and the actual physical hook-up to the house. 2.14 All existing structures not meetiig setbacks and the dimensional standards of the UDC shall be removed prior to signature on th ,- final plat by the City Engineer. 2.15 Prior to signature on the final plat the applicant shall have already vacated the 5 -foot interior lot line utility easements. 2.16 Meridian Public Works specificE.tions 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 Exhibit B — Page 3 CITY OF MERIDIAN PLANNIVEPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 20, 2006 requirement and comply with all landscape requirements. 2.17 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow ibr 10 feet of easement past the sidewalk. 2.18 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. 2.19 Prior to plat signature the applicant shall submit documentation that the gravity irrigation proposed as being removed, is ,ipproved by the owner and any end user of that facility. 2.20 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 user; association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.21 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 bei recorded, prior to applying for building permits. 2.22 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. 2.23 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. 2.24 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined daring the plan review process, prior to signature on the final plat. 2.25 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. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Arta y Corps of Engineers. 2.28 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. 2.29 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. 2.30 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 ]comes is at least 1 -foot above. 2.31 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 b �- installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power Exhibit B — Page 4 CITY OF MERIDIAN PLANNEOEPAIZTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 20, 2006 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 lire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500 feet apart. Intern ational 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 `dater Department for bacteria testing. 3.3 Final Approval of the fire hydnait locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers stall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not ]lave 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 i 'eet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads md alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surfac,; which is 20' wide. 3.7 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D 103.6 Signs. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required bef ore combustible construction is brought on site. 3.9 The proposed 29 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 84.1 res idents at build out. 3.10 All portions of the buildings lo,mted on this project must be within 150' of a paved surface as measured around the perimeter oi'the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 flet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route. wound the exterior of the facility or building, on-site fire hydrants and mains shall be provided whey a 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). Exhibit B — Page 5 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE ANG DATE OF JULY 20, 2006 For Group R-3 and Grrcup 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 applicant shall submit a revised landscape plan that shows adequate nighttime lighting along the multi -use pathway and common lot, Lot 6 Block 1, walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The applicant shall use open i'encing along the school site, including Lot 19, Block 1. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of tree;;: 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 SSC has no comments related to this application. 7. Ada County Highway Distriict Site Specific Conditions oL&proval 1. Construct the site's internal streets as 36 -foot street sections with rolled curb, gutter, and 4 -foot detached concrete sidewalks 2. Construct a stub street to the east approximately 120 -feet north of the south property line as a 36 - foot street section with rolled cinb, gutter, and a 4 -foot detached concrete sidewalk within 50 -feet of right-of-way. This street should be signed as follows: "THIS STREET WILL BE EXTENDED IN THE FUTURE." 3. Construct a 5 -foot concrete sidevialk no closer than 38 -feet from the centerline of McMillan Road to match improvements to the wast (Copper Basin). If the sidewalk is located outside of the right- of-way, the applicant should provide a sidewalk easement. 4. Dedicate either 35 -feet or 45 -feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warrant;i deed. A dedication of 35 -feet will facilitate roadway improvements noted in the Capitan Improvements Plan, leaving the sidewalk within an easement. The 45 -foot right-of-way dedication would facilitate all roadway improvements, including sidewalk. Exhibit B — Page 6 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF JULY 20, 2006 5. Construct N. Silversky Avenue as a 36 -foot street section with rolled curb, gutter, and 4 -foot detached concrete sidewalk within 50 -feet of right-of-way; intersecting McMillan Road (offsetting Larkwood Place by approximately 400 -feet), as proposed. 6. Any existing driveway access to McMillan Road should be closed to match improvements. 7. Comply with all Standard Conditions of Approval. Standard Conditions ofAn roval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. Exhibit B — Page 7 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF JULY 20, 2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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. 9. Settlers' Irrigation District 9.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Starkey Lateral (20' easement) and the Parkins-Nourse Lateral (20'easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre - construction meeting. C. Legal Description Exhibit B — Page 8 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 20, 2006 SILVERSPRINGS ANNEXATION BOUNDARY LOCATED IN THE NE 1/4 OF SECTION 31, T4N, R I E, BM, ADA COUNTY, IDAHO. 2006 POINTOf BASIS OF BEARING v BEGINNING WGS84 GEOWne BE,~ E mea,at" saW rasm aw JO wQ ��su N 899654" E 2sn15' Jo 77 wmr asc 891634' E 68� n• h 7951.89' Jl J7 av asln eo � A. w cw .730 RaD ®n Yba nt g•qg �9 mm' r J h ti CR£ST%7IOD SVBD/V/.90N NO 1 AREA PA 480 ACRFS AREAP 5.0AR(IL8 ACRES a S 81608650010 R1608650020 0 0 �. O Q O PARC1f. 8GB` ARr Lor iA m W o PER bM ya LOT [9P i• � an 9soJsbco 2 a h rsav' 77.79 mAD edr NS eee� A 7.78' M J50.J7' su �9sa 71277' 8992JJ" W681.53' ae mar�v sn [ase N 89.47;Xr E 94555• HAVASU CREEK SURDIW90N NO 4 HA VAST/ CREEK SULO L49ON NO J REVt_ EW APpROV.AL VFRiA S tK8 DEPT.VG 0 100 200 400 Exhibit C - Page 2 ,V-A .�.��rj-.* QJ!I - tj�.►r1..; " Land Surveying and Consulting 231 E. STH ST.. STE. A MERIDIAN, ID 83642 (208)286-2040 (208( 288.2557 fax www.Iandsotuflons.b¢ CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 20, 2006 Legal Qescri tion Siiversprings Subdivision Annexation Boundary A parcel for annexation purposes being a portion of McMillan Road right-of-way and Lots 1 and 2 of Crestwood Subdivision No. 1 as shown in Book 28 of Plats on Pages 1757-1758, Records of Ada County, Idaho, said parcel being located in the N Y of the NE Y of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Railroad Spike monument marking the northwest comer of said N % of the NE V4 (Y4 Comer), from which a Brass Cap monument marking the northeast comer of said Section 31 bears N 89946'54" E a distance of 2632.45 feet; Thence N 89°46'54" E along the northerly boundary of said N % of the NE V4 a distance of 680.77 feet to a point; Thence S 0°07'17" W along the extension of and the easterly boundary of said Lot 2 a distance of 664.81 feet to a 518 inch diameter iron pin marking the southeast comer of said Lot 2; Thence S 89°47'33" W along the southerly boundary of said Crestwood Subdivision No. 1 a distance of 681.53 feet to a point marking the southwest comer of said Lot 1, said point being witnessed by a 518 inch diameter iron pin that bears S 89°47'33" W a distance of 21.29 feet from the point; Thence N 0°11'16" E along the westerly boundary of said Lot 1 a distance of 664.68 feet to the POINT OF BEGINNING. This parcel contains 10.39 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC May 18, 2006 REU1cNJ A?PRS VA ✓ 5Y LairjdSolutlons Exhibit C — Page 3 \ONp,L LA NO gy ST G,p q a 1M8 X c, �5�9�oG 0 F W \OP y�4 tiTON NPS Silversprings Subdivision Job No. 06-26 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to 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-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. 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, 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 R4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D — Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF JULY 20, 2006 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords 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 fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See fording 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. Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Exhibit D — Page 2 October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Reed Kofoed ITEM NO. REQUEST Findings for Approval — Request for Preliminary Plat approval of 29 single- family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Silversprings Subdivision -- south side of McMillan Road and west of Dust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached Findings 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: Matedcds presented at public nuw& gs shafl become properiv of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER f c r •s� C�Verai k a In the Matter of Annexation and Zoning of 10.39 acres from RUT (Ada County) to R4 (Medium -Low Density Residential) AND Preliminary Plat approval for 29 single-family residential building lots and 4 common lots on 9.88 acres in a proposed R4 zone, by Reed Kofoed. Case No(s). AZ -06-029 and PP -06-029 For the City Council Hearing Date of. September 19th and 26th, 2006 (findings on October 10, 2006 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 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 -06-029, PP -06-029 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 September 19, 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 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 September 19, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-029, PP -06-029 • S 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 September 19, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-029, PP -06-029 • By action of the City Council at its regular meeting held on the &ZVet, , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: G. BERG, Copy served upon: Pj ® day of VOTED_�� VOTED F VOTED VOTED__�� VOTED de WEERD JK.' CIfY CY,E O Applicant —� Planning Department �- Public Works Department V- City Attorney By: NAM L Oity'Clerk's Office Dated: 1 V`t-t`®U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-029, PP -06-029 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF SEPTEMBER 19, 2006 STAFF REPORT Hearing Date: 9/19/2006 (approved at 9/26/06 meeting) TO: Mayor & City Council FROM: Jenny Veatch Associate City Planner Meridian Planning Department 208-884-5533 CITY DIF T 441 w. 3�.. + IDAHO pppp 9aiti; SUBJECT: Silversprings Subdivision AZ -06-029 Annexation and Zoning of 10.39 acres from RUT (Ada County) to R4 (Medium Low -Density Residential). PP -06-029 Preliminary Plat approval of 29 single-family residential building lots and 4 common lots on 9.88 acres in a proposed R-4 zone, by Reed Kofoed. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Reed Kofoed, representing F&C Development Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) for 9.88 acres of property currently zoned RUT in Ada County and Preliminary Plat approval of 29 single-family residential building lots and 4 common lots on 9.88 acres. The site is located on the south side of E. McMillan Road and east of N. Meridian Road. The existing homes on this site will be retained and the accessory structures on or near Lot 13, Block 1 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 gpproval of the proposed Silversprings Subdivision (AZ -06-029 and PP -06-029) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on August 17, 2006. At the public hearing they moved to recommend approval. On September 26, 2006 the Meridian City Council voted to approve the subject applications. a. Summary of Commission Public Hearing: i. In favor: Ross Erickson ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood, Mike Cole b. Key Issues of Discussion by Commission: i. Clarification of ingress -egress easement at East Copper Ridge Street, and why a stub to this property was not provided. c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Silversprings Subdivision AZ-06-029/PP-06-029 PAGE I CrrY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEARINATE OF SEPTEMBER 19, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -029 and PP -06-029 as presented in staff report for the hearing date of September 19, 2006 with the following modifications: (Add any proposed modifications.) Continuance I move to continue File Numbers AZ -06-029 and PP -06-029 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 029 and PP -06-029 as presented during the hearing on September 19, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 805 and 905 E. McMillan Road; on the south side of E. McMillan Road and east of N. Meridian Road in Section 31, Township 4 North, Range 1 East. Note: This is a resubdivision of Lot 1 and Lot 2, Block 1 of the Crestwood Subdivision No. 1. b. Owners: Lloyd and Marolyn Wutherich, and W. Leigh Brinkerhoff 905 E. McMillan Road, 805 E. McMillan Road Meridian, ID 83642 c. Applicant: Reed Kofoed 228 E. Plaza Street, Suite GI Eagle, ID 83616 d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 9.88 acres to R-4 and Preliminary Plat approval of 29 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 10,998/square feet. The gross density of the project is 2.94 dwelling units per acre. Approximately 9.26 percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 7/19/06 2. Date of landscape plan (attached in Exhibit A): 7/19/06 5. PROCESS FACTS Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 2 CITY OF MERIDIAN PA DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF SEPTEMBER 19, 2006 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: July 3rd and July 17th, 2006 (for P & Z Commission hearing) and August 28th and September l lt', 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: June 23`d, 2006 (for P & Z Commission hearing) and August 25th, 2006 (for City Council hearing) e. Applicant posted notice on site by: July 10th, 2006 (for P & Z Commission hearing) and September 7th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): All existing homes are to be retained and connected to City water and sewer services. An accessory structure on Lot 3, Block 1 will be retained and another on Lot 13, Block 1 will be removed. b. Description of Character of Surrounding Area: This area contains medium low-density residential developments, Prospector Elementary School and a mix of rural parcels in Ada County. c. Adjacent Land Use and Zoning: 1. North: Saguaro Canyon Subdivision, zoned R4 2. South: Prospector Elementary School and Havasu Creek Subdivision No. 4, zoned R-4 3. East: Crestwood Subdivision, zoned RUT (Ada County) 4. West: Cobre (Copper) Basin Subdivision No. 4, zoned R-4 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently a sewer main stubbed near this property through the School site to the south. Location of water: There is currently a water main in N. McMillan Road. Issues or concerns: The ability to design and install the gravity sewer, while retaining the pressure sewer. 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. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low -Density Residential) 5. Size of Property: 9.88 acres Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 3 CITY OF MERIDIAN PIAN* DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF SEPTEMBER 19, 2006 f. Subdivision Plat Information: 1. Residential Lots: 29 2. Non-residential Lots: 0 3. Total Building Lots: 29 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 32 7. Gross Density: 2.94 units per acre (net density is 3.52 d.u./acre) 8. Minimum House Size: 1,800 square feet g. Landscaping 1. Width of street buffer(s): 25 feet along E. McMillan Road 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.915 acres/9.26% 4. Other landscaping standards: Parkway areas are to be 8 -feet wide and contain Class 11 trees to be counted as common open space (LDDC 11 -3A -17E). h. Amenities: Parkways with detached sidewalks, four common lots and a multi -use pathway connecting to elementary school. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,050 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, N. Silversky Avenue, E. Copper Ridge Street and N. Goldwood Place. The applicant is stubbing east near their southern property line to the Crestwood Subdivision. All of the internal streets are local streets with 36 -feet wide street sections with rolled curb, gutter and 4 -foot wide detached sidewalks. Staff is reluctantly in support of the proposed street system. During the approval process for Havasu Creek, the City required a stub street to the eastern property line. However, during the final plat process, the stub was changed and allowed to be installed as a cross access easement. After consulting with ACHD, staff feels Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 4 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEARINATE OF SEPTEMBER 19, 2006 that we are unable to now require the connection. 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 June 30, 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 "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 29 single- family lots on 9.88 acres for a gross density of 2.94 dwelling units/acre. The proposed density complies substantially with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. 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. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 5 CITY OF MERIDIAN PLANNYI`IG DEPARTMENT STAFF REPORT FOR THE HEARINATE OF SEPTEMBER 19, 2006 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 provide one stub street to the east parcel that is currently zoned in Ada County RUT, which staff anticipates will re -develop in the future. Staff believes that the applicant should provide a public street extending to the west to connect with E. Copper Ridge St., the Cobre Basin Subdivision stub, for better connectivity to the east and west. Staff believes that if the proposed subdivision were to take its access from the east and west, that this could eliminate the access to E. McMillan Road. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall fence around the northern, western and eastern sides of the development. An existing six-foot tall fence on the southern property boundary will be retained. The applicant should plan to provide an opening in the fence at the proposed multi -use pathway connection to Prospector Elementary School. 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. The applicant has also proposed a ten - foot multi -use pathway to connect to Prospector Elementary School. 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. SilveMrings Subdivision AZ-06-029/PP-06-029 PAGE 6 CITY OF MERIDIAN PLANN� DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 The applicant is proposing a residential zone. Staff 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 is an existing rural residential parcel to the east. The applicant is proposing to construct a six-foot tall privacy fence around this development to screen this subdivision from the larger parcel. The applicant has provided lots over 9, 000 square feet on the east side of the development and kept smaller lots to the south and west side. Staff believes that the property to the east will redevelop soon and that the applicant has considered this in providing transition and screening between properties. 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) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R4 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R4 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 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 May 18, 2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 7 CrFY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN OF SEPTEMBER 19, 2006 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 low density residential uses. Low density residential areas are defined as three dwelling units or less per acre. The submitted plat has a gross density of 2.94 dwelling units per acre. There are existing rural lots to the east 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. The applicant shall provide 9.26 % (0.915 acres) open space as proposed. Landscaping_ The landscape plan prepared by Erickson Civil, Inc. on 7/19/06, is approved with the following modifications/notes: • Per UDC 11 -3A -17E, parkway areas are to be 8 -feet wide and contain Class H trees to be counted as common open space. • Per UDC 11 -3B -10C -5a, mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) • Per UDC 11 -3B -10C-6, required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. • 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. • Per UDC 11 -3G -3F1, all common open space and site amenities shall be the responsibility of an owners association for the purpose of maintaining the common area and improvements thereon. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to provide a public stub street to the Crestwood Subdivision to the east as proposed. Staff believes that the applicant should provide a public street extending to the west to connect with E. Copper Ridge Street, the Cobre Basin stub, for better connectivity to the east and west and to eliminate the access to E. McMillan Road. Staff met with the applicant and representatives from ACHD and the Copper (Cobre) Basin Homeowners' Association regarding the issue of connectivity between the two developments. E. Copper Ridge Street ends in Cobre Basin as an ingress -egress easement. This is currently landscaped as a common lot. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINVATE OF SEPTEMBER 19, 2006 Originally, in the preliminary plat stages of Havasu Creek (of which Cobre Basin is a phase) the road was intended as a stub street for further development to the east. In the final stages for Cobre Basin however, it was changed to an ingress -egress easement. The Homeowners' Association did not wish to dedicate the easement as public -right- of-way for the applicant to connect to E. Copper Ridge Street and take access from the north to south collector, N. Red Horse Way. Their concerns were increased traffic volume and replacement of the landscaping and pressurized irrigation system of the common lot. During the public hearing, the City Council mentioned that if the applicant does propose a final plat that includes a public street connection to the ingress -egress easement to the west, the plat would be in substantial compliance with this preliminary plat (a new preliminary plat application will not be required). Existing Residences/Buildings: The site currently contains residential and out- buildings. All existing buildings shall be retained or removed as proposed (see Site Plan, dated April 4, 2006). Fencing: The applicant is proposing to construct six-foot, closed -vision fence along the east and west perimeter of the site. An existing six-foot fence along the south perimeter will be retained. The applicant should plan to provide an opening in the fence at the proposed multi -use pathway connection to Prospector Elementary School. 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 Silversprings 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 is recommending approval of the proposed Silversprings Subdivision (AZ -06-029 and PP -06-029) with the conditions listed in Exhibit B of the Staff ReportThe Meridian Planning and Zoning Commission heard these items on August 17, 2006. At the public hearing they moved to recommend approval. On September 26, 2006 the Meridian City Council voted to approve the subiect applications. Silversprings Subdivision AZ-06-029/PP-06-029 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING'IIATE OF SEPTEMBER 19, 2006 11. EXITS A. Drawings 1. Preliminary Plat (dated: 7/19/06) 2. Landscape Plan (dated: 7/19/06) 3. Conceptual Development for Crestwood Estates Infill (July 26, 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 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Silversprings Subdivision AZ-06-029/PP-06-029 PAGE10 CITY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 19, 2006 A. Drawings 1. Preliminary Plat (dated: 7/19/06) Exhibit A — Page 1 CITY OF MERIDIAN PLANN0 ING DEPARTMENT STAFF REPORT FOR THE IMARINOTE OF SEPTEMBER 19, 2006 g TA �._ r• _' big ,e 3I e9 , -B I8 ®' MAIM!! "I,. in yay A z T 0 X :j -u O;D Z M W,n0 0—iz1> 6 m m;Q KZ-< , M -u ;u 500 z 'n "n o 00 >—Im C) OX 0 z Co C w Z�� z 00 >ZU) 10C 0110, � 5 z V) 00 Z TCI Z 0 m m W Landscape Plan (dated 7/19/06) Exhibit A — Page 2 CITY OF MERIDIAN PLANN0 ING DEPARTMENT STAFF REPORT FOR THE HEARINAE OF SEPTEMBER 19, 2006 Iwo - op �1 Ila" I • HI JA' va MN Iq p3 11 • HI JA' va MN P. 10 pif p3 11 1 j j4 gill, 11, 1;! ;;;—Mi; RiN "I, t 't Elio ullo P. 10 Conceptual Development for Crestwood Estates Infill (July 26, 2006) Exhibit A — Page 3 pif p3 11 gill, 11, 1;! ;;;—Mi; RiN "I, t 't Elio ullo - - - - - - - - - - - 77' 7 Conceptual Development for Crestwood Estates Infill (July 26, 2006) Exhibit A — Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIVATE OF SEPTEMBER 19, 2006 CONCEPT DEVELOPMENT FOR CRESTWOOD ESTATES INFILL SITUATED IN A PORTION OF THE NE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO 2006 Exhibit A — Page 4 -TI - - -�-_- -- - !-T—f� T ---r-7-41 - . � L:Ir r-�....rTF ..... P�� i} tt'�� a,. .. !'b�.°ii 4.,11. f /LJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-029) 1.1.1 The preliminary plat labeled as PP -1, prepared by Erickson Civil, Inc., dated July 19, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-029) application shall also be considered conditions of the Preliminary Plat (PP -06-029) 1.1.2 The landscape plan prepared by Erickson Civil, Inc. dated July 19, 2006 is approved with the following modifications/notes: • Per UDC 11 -3A -17E, parkway areas are to be 8 -feet wide and contain Class H trees to be counted as common open space. • Per UDC 11 -3B -10C -5a, mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) • Per UDC 11 -3B -10C-6, required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. • Per UDC I1 -3B -5J-2, there shall be no trees allowed within the twenty -foot sewer easement being dedicated on Lot 25, Block 1. • 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. • Opening to elementary school. 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 Provide a public stub street to the Crestwood Subdivision to the east as proposed. 1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.6 Provide a six-foot tall fence along the east and west perimeter of the development, as proposed. Provide an opening in the existing southern fence at the proposed multi -use pathway connection to Prospector Elementary School. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11- 3A-7. Exhibit B — Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JULY 20, 2006 1.1.7 Maintenance of all common areas shall be the responsibility of the Silversprings Home Owners' Association. 1.1.8 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. 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-029) 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 storrawater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-613-7- 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of a main stubbed near this property in the school property. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall provide Public Works with a sewer easement through the school property prior to construction plan approval. Exhibit B — Page 2 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 2.3 The conceptual sewer plan shows the dead end run being run at a.40% grade. The City of Meridian requires dead runs to be .60%. 2.4 There shall be no trees allowed within the twenty -foot sewer easement being dedicated on Lot 25, Block 1. The applicant shall coordinate with the Planning Department to remove these trees and still comply with all landscaping requirements. 2.5 All manholes not located in the right-of-way shall have vehicular access for maintenance. 2.6 There is a pressure sewer main that is occupying the existing sewer easement that is not shown on the preliminary plat. The applicant shall coordinate with the Public Works Department prior to construction plan approval an acceptable way to design the gravity sewer around the pressure sewer. 2.7 Water service to this site is being proposed via extension of mains in E. McMillan Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.8 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. 2.9 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.10 Prior to final plat submittal the applicant shall revise the situate statement to include Lots 1 and 2, Block 1 of Crestwood Subdivision. 2.11 The preliminary plat states that the pressurized irrigation system is to be owned by Settler, while the applicants narrative states it is to be owned by the Homeowners Association. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.12 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. 2.13 Any houses being retained on site must connect to City services. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and the actual physical hook-up to the house. 2.14 All existing structures not meeting setbacks and the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.15 Prior to signature on the final plat the applicant shall have already vacated the 5 -foot interior lot line utility easements. 2.16 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 Exhibit B — Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 requirement and comply with all landscape requirements. 2.17 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.18 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. 2.19 Prior to plat signature the applicant shall submit documentation that the gravity irrigation proposed as being removed, is approved by the owner and any end user of that facility. 2.20 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. 2.21 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. 2.22 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. 2.23 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. 2.24 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. 2.25 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. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.28 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. 2.29 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. 2.30 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. 2.31 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 Exhibit B — Page 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 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 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.8 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. 3.9 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. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B — Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 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 applicant shall submit a revised landscape plan that shows adequate nighttime lighting along the multi -use pathway and common lot, Lot 6 Block 1, walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The applicant shall use open fencing along the school site, including Lot 19, Block 1. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions oLApproval 1. Construct the site's internal streets as 36 -foot street sections with rolled curb, gutter, and 4 -foot detached concrete sidewalks 2. Construct a stub street to the east approximately 120 -feet north of the south property line as a 36 - foot street section with rolled curb, gutter, and a 4 -foot detached concrete sidewalk within 50 -feet of right-of-way. This street should be signed as follows: "THIS STREET WILL BE EXTENDED IN THE FU'I'iJRE." Construct a 5 -foot concrete sidewalk no closer than 38 -feet from the centerline of McMillan Road to match improvements to the west (Copper Basin). If the sidewalk is located outside of the right- of-way, the applicant should provide a sidewalk easement. 4. Dedicate either 35 -feet or 45 -feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. A dedication of 35 -feet will facilitate roadway improvements noted in the Capital Improvements Plan, leaving the sidewalk within an easement. The 45 -foot right-of-way dedication would facilitate all roadway improvements, including sidewalk. Exhibit B — Page 6 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 5. Construct N. Silversky Avenue as a 36 -foot street section with rolled curb, gutter, and 4 -foot detached concrete sidewalk within 50 -feet of right-of-way; intersecting McMillan Road (offsetting Larkwood Place by approximately 400 -feet), as proposed. 6. Any existing driveway access to McMillan Road should be closed to match improvements. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B — Page 7 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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. 9. Settlers' Irrigation District 9.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Starkey Lateral (20' easement) and the Parkins-Nourse Lateral (20'easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre - construction meeting. C. Legal Description Exhibit B — Page 8 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 SILVERSPRINGS ANNEXATION BOUNDARY LOCATED IN THE NE 1/4 OF SECTION 31, T4N, R 1 E, BM, ADA COUNTY, IDAHO. 2006 s+c BASIS OF BEARING PD1N7 Of K'0584 &MDEW BEAR/NC BEGINNING "'184 894654" E 2s.i2/3' E UeLBLLM ROAD CRE57KVW SUDOIVI.SM NO 1 PARCEL 1 PARCEL 2 AREA - 4. BO ALYtES n AREA = 5 08 ACRES 81608650010 81608650090 O O PARM BOW>BARY AS PER A5[ y PGA/>fD tor tar NO. 96mmv 2 N 4717',Ef' E 94253' HAVASU CREEK SUHOIVISION N0. 4 REVIEW APPROVE B h5 VR�RK3 OcPT,VG 0 100 200 400 Exhibit C — Page 2 a g>OYwpX "INAS AfA,eQD. T47.77' �- PLS 1838 MR J J HAVASU CREEK SUBM1570N NO. J Land Surveying and Consulting 231 E. 5TH ST., STE. A MEROM, ID 83642 1208128&2040 12081288-2557 fax www.landsolutions.b¢ • 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 Legal Description Silversprings Subdivision Annexation Boundary A parcel for annexation purposes being a portion of McMillan Road right-of-way and Lots 1 and 2 of Crestwood Subdivision No. 1 as shown in Book 28 of Plats on Pages 1757-1758, Records of Ada County, Idaho, said parcel being located in the N % of the NE % of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Railroad Spike monument marking the northwest comer of said N % of the NE % (% Comer), from which a Brass Cap monument marking the northeast comer of said Section 31 bears N 89946'54" E a distance of 2632.45 feet; Thence N 89°46'54" E along the northerly boundary of said N % of the NE % a distance of 680.77 feet to a point; Thence S 0°07'17" W along the extension of and the easterly boundary of said Lot 2 a distance of 664.81 feet to a 5/8 inch diameter iron pin marking the southeast comer of said Lot 2; Thence S 89°47'33" W along the southerly boundary of said Crestwood Subdivision No. 1 a distance of 681.53 feet to a point marking the southwest comer of said Lot 1, said point being witnessed by a 5/8 inch diameter iron pin that bears S 89"47'33" W a distance of 21.29 feet from the point; Thence N 0°11'16" E along the westerly boundary of said Lot 1 a distance of 664.68 feet to the POINT OF BEGINNING. This parcel contains 10.39 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PCoNpL LA NO May 18, 2006 Cie IST \9 REVicV'J 4.Pr'R7 VA SY LiindSrolutlons Exhibit C — Page 3 a 1118 �5 lS�oG ° 0 r oyTo�W.NP� Siiversprings Subdivision Job No. 06-26 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to 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 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. 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 R4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing Waal 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 R4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D — Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; 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. Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Exhibit D — Page 2 0 • October 6, 2006 AZ 05-021 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Ben Miller ITEM NO. ._d REQUEST Development Agreement — Request for Anmation and Zoning of 2.78 acres from RUT to L -O zones for Whitewater Subdivision Ica Redflsh SubdWiston -- 4120 North Under Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEFT.- CITY EPT:CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See altaehed Development Agreement OTHER: M Contactec %� _ Date:/ C Phone: 1 T _ Emailed: �$'Bair Motet piesent+M at pubNc mee betorne property of fife City of Mwkkv . a CITY OF ' R IDAHO n �k /'/ TREASURE V. Y 79 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 August 7, 2006 Mr. Ben Miller Miller Construction Corporation P.O. Box 686 Meridian, Idaho 83642 • RE: Preliminary Plat Time Extension for Redfish Subdivision Dear Mr. Miller: Per the findings of the attached staff report for Redfish Subdivision, I am granting approval of an eighteen month time extension to expire on January 12, 2008 as requested, to submit the final plat for this project with the following condition: Applicant shall have two months to sign and return the development agreement for this property to the City Clerk's office as set forth in AZ -05-021. If the applicant fails to meet the aforementioned condition by October 7, 2006, this time extension approval shall become null and void. If you should have any questions regarding this matter, please don't hesitate to call Sonya Watters, Assistant City Planner, at 884-5533. Anna 13*chers Canning, AICP .arming Director CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE— FAX 884-8119 Printed on recycled paper CITY OF NOIDIAN PLANNING DEPARTMENT OFF REPORT DATE: July 26, 2006 TO: Anna Canning, Planning Director FROM: Sonya Watters, Assistant City Planner ."`�' SUBJECT: Redfish Subdivision a� >�(ee r1a&rnAW Request for an 18 Month Time Extension to Submit the Final Plat for Redfish Subdivision, by Ben Miller (File# 7'E-06-018) We have reviewed this submittal and offer the following comments: APPLICATION SUNEVIA1tY The applicant, Ben Miller, has requested approval of an 18 month time extension to submit the final plat for Redfish Subdivision. The preliminary plat consisted of 5 commercial office building lots and 2 other lots on 2.52 acres in an L -O zone. The preliminary plat (PP -05-021) was approved by City Council on July 12, 2005 and expired on July 12, 2006. As required. by MCC 12-3-6B, the applicant submitted a request for a time extension prior to the expiration of the preliminary plat. The applicant states that due to time restraints they were unable to complete the final plat for this subdivision. For this reason, they are unable to meet the time requirements specified in Meridian City Code 12-3-6 under which the preliminary plat was approved- The pproved The City of Meridian's new Unified Development Code (UDC 11 -6B -7C) allows the Director to authorize a single extension of time to record the final plat, not to exceed 18 months, when the applicant files a written request for an extension prior to the expiration of the plat, which the applicant has done. As mentioned above, the applicant is requesting an 18 month time extension. The City Council may consider additional time extensions up to 18 months through a public hearing process. With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension (UDC 11 -6B -7C). Staff behoves that there are no additional site specific conditions that should be added to those approved by the City Council with the preliminary plat for this subdivision. However, please note that the applicant was required to enter into a development agreement prior to annexing and rezoning the property. The applicant has not completed the development agreement nor has the property been annexed and rezoned LOCATION The property is located on the east side of N. Linder Road, midway between W. Ustick Road and W. McMillan Road, in the NW 1/4 of Section 36, TAN., R 1W. STAFF RECOMMENDATION Staff recommends approval of an 18 month time extension from the date of expiration to submit the final plat for Redfish Subdivision, to expire on January 12, 2008 with the condition that the applicant shall have two months to sign and return the development agreement for this property to the City Clerk's office as set forth in AZ -05-021. If the applicant fails to meet the aforementioned condition by October 7, 2006, the time extension approval shall become null and void. TE -05-014 Cairns Crossing Sub FP TE.doc PAGE 1 • STATE OF IDAHO, ) ss: County of Ada, ) • On this Rpt day of &4..., 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Ben Miller, known or identified to me to be the person who executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss County of Ada ) 04C.- SL Notary blic for aho Residing at: My Commission Expires: = D 9 On this O ® day of WdoICY , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. es•s••••• `S'`-' T �`'C�'�• • i'OA ,�• • ( i • ''.F ._i •is''YYi�i Notary Public for Idaho Residing at: Poll 1 4 1b Commission expires: I n I `--I DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 10 OF 10 • EXMrr A RedSsh Subdivision AZ -05-021, PP -05-021 Legal Description MILLER PROPERTY ANNEXATION A parcel of land located in the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho and described as follows: Beginning at a brass cap monument marking the southwest corner of said northwest quarter of Section 36 and the centerline of N. Linder Road from which a brass cap monument marking the northwest corner of said northwest quarter of Section 36 bears N 00"15'17" E a distance of 2634.71 feet; thence leaving said centerline along the South line of said northwest quarter S 89009'05" E a distance of 273,36 feet to a 5/8 inch rebar from which the center one-quarter comer of said Section 36 bears S 89009'05" E a distance of 2398,46 feet; thence leaving said South line along the boundary line of Baldwin Park Subdivision No. 1 as recorded in book 85, page 9516 of plats, Ada County, Idaho N 00'15'17" E a distance of 436 64 feet to a 5/8 inch rebar; thence N 86°36'03" W a distance of 225 69 to a 5/8 inch rebar; thence leaving said boundary line of Baldwin Park Subdivision No. 1 and continuing N 86°36'03" W a distance of 48.07 feet to the West line of said southwest quarter and the centerline of said N. Linder Road; thence along said West line S 00°15'17" W a distance of 448.82 feet to the POINT OF BEGINNING Said parcel contains 121.018 sq, ft. or 2.78 acres more or less and is subject to any easements and/or rights -of -ways on record or implied. ARIDIAN WOftKs pe�IG APP v tied ARIDIAN WOftKs pe�IG • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER to me matter ox a request for Annexation and Zoning of 2.78 Acres from RUT (Ada County) to L -O (Limited Office) and Preliminary Plat Approval of love (5) building lots and Two (2) other lots on 2.521 acres in a proposed L -O Zone for Redfish Subdivision, by Ben Miller. Case No. AZ -05-021, PP -05-021 For the City Council Hearing Date of: July 121, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the July 12, 2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-021, PP -05-021 - PAGE 1 of C] • a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Ben Miller. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was 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 § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 3/13/05 as shown in Exhibit B, and the Conditions of Approval in Exhibit C. 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 § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/13/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-021, PP -05-021 - PAGE 2 of 4 0 0 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 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 approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (3/13/05, with conditions) Exhibit C: Conditions of Approval Exhibit D: Annexation and Zoning and Preliminary Plat Required Findings By action of the City Council at its regular meeting held on the �i� day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-021, PP -05-021 - PAGE 3 of 4 0 COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: A 4wa illiam G. Berg, Jr., City Copy served upon Applicant, The Planning and City Attorney. 10 VOTED _*A---' VOTED VOTED Dated: qty Clerk's Office Public Works Department CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE N0, AZ -05-021, PP -05-021 - PAGE 4 of 4 K' Redfish Subdivision AZ -05-0211, PP -05-021 Legal Description MILLER PROPERTY ANNEXATION A parcel of land located in the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho and described as follows. Beginning at a brass cap monument marking the southwest corner of said northwest quarter of Section 36 and the centerline of N. Linder Road from which a brass cap monument marking the northwest corner of said northwest quarter of Section 36 bears N 00°15'17" E a distance of 2634.71 feet; thence leaving said centerline along the South line of said northwest quarter S 89°09'05" E a distance of 273.36 feet to a 518 inch rebar from which the center one-quarter comer of said Section 36 bears S 89'09'05" E a distance of 2398,46 feet; thence leaving said South line along the boundary line of Baldwin Park Subdivision No. 1 as recorded in book 85, page 9516 of plats, Ada County, Idaho N 00'15'17" E a distance of 436 64 feet to a 5/8 inch rebar; thence N 86'36'03"W a distance of 225 69 to a 5/8 inch rebar; thence leaving said boundary line of Baldwin Park Subdivision No. 1 and continuing N 86036'03" W a distance of 48.07 feet to the West line of'said southwest quarter and the centerline of said N. Linder Road; thence along said West line S 00`15'17" W a distance of 448.82 feet to the POINT OF BEGINNING Said parcel contains 121,018 sq ft. or 2.78 acres more or less and is subject to any easements and/or rights -of -ways on record or implied. kr,v Af+P t t WORKS DEPT' 9 • Legal Description for REDFISH SUBDIVISION Exterior Boundary A parcel of land being a portion of the SWI/4 of the NWI/4 of Section 36, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the NW Comer of said Section 36, thence along the West line of said Section 36, also being the centerline of N. Linder Road, S00015' 17"W a distance of 2634.71 feet (formerly 2634.81 feet) to a brass Cap marking the SW Corner of the NW 1/4 of said Section 36, thence leaving said West line and along the South line of the NW 1/4 of said Section 36, S89°09'05"E a distance of 25.00 feet to a 518 inch rebar on the East right-of-way line of said N. Linder Road being the POINT OF BEGINNL'VG; Thence leaving said South line and along said East right-of-way line N00°I5'17"E a distance of 447.71 feet to a 5/8 inch rebar; Thence leaving said East right-of-way line and along the South line of Lots 1, 6 and 7 Block 4 of BALDWINPA.RK SUBDIVISION NO. I as shown on the official Plat, recorded in Book 85 of Plats at pages 9516 and 9517 records of Ada County, Idaho, S86°36'03" E a distance of 248.72 feet to a 5/8 inch rebar marking an angle point in the South line of said Lot 7 also being the NW Comer of Lot 9 of said Block 4; Thence leaving said South line and along the West line of Lots 9 through 12 and 15 of said Block 4 S00°15'1 7"W a distance of 436.64 feet (formerly a distance of 436.73 feet) to a 5/8 inch rebar marking the SW Corner of said Lot 15 also being on the South line of said NW I /4; Thence leaving the West line of said Block 4 and along the South line of said NV4'1/4 N89°09'05"W a distance of 248.36 feet to the POINT OF BEGINNING; Said parcel contains approximately 109,812 square feet or 2.52 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied_ 0 0 EXHIBIT B Redfish Subdivision AZ -05-021, PP -05-021 Approved Preliminary Plat I, Qi '!.ei.r�gn�i.®�•.gee+l-;•..�...p.;.��el ' �II'I�I�#�T L,• JJr.:.gggggqq 6 sg gg gggg i EF ggHg I y gg fit, EbE 9i E 4 l7caX �i� N��8��6 i8 i ! i �ii� °9lF� it ElE n lokl q flig ya�(e9sQ8IIr1YLt7� WHITEW6~ AT SUr�pIVISIO�— ��– !_ 1I. Illl L � -- W �' e+l M 1 L.. 6 F� rAtr _� • �r�,�wripu . I E • Redfish Subdivision AZ -05-021, PP -05-021 Conditions of Approval (With deletions and additions in strikeoutlunderline) ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated 1-6-05, stamped by Stephen R. Lee, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services, or a daycare center with a C_oDAtional Use Permit. • That the hours of operation shall be limited to 7 eam. to 7 p 6 a.m. to 10 a.m., unless otherwise modified through a Conditional Use Permit. • That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director, unless otherwise modified through a Conditional Use Permit. 0 • SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. Per ACHD requirements, the applicant shall dedicate 23 feet (23') of additional right of way and construct a minimum 5' sidewalk along Linder Road, located a minimum of 41 feet (41') from the centerline of the right of way, which ties into the existing sidewalks on the north and south. 2. The applicant shall be required to eliminate Lots 1 and 7, and provide the required 25 - foot landscape buffer along N. Linder Road in an easement to benefit the Business Owner's Association. 3. The applicant shall provide an additional six (6) trees within the land use buffer along the east property line and an additional three (3) trees within the land use buffer along the north property line to fulfill this requirement. The applicant has also shown the area within the land use buffers on the east and north as drainage swales for retention of on-site storm water. The applicant shall coordinate the design of these swales and placement of trees within the swales with the City of Meridian Public Works Department. 4. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 5. City sewer and water services are currently available to this site from existing mains in Linder Road. The applicant shall be responsible to construct sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3 feet from finish grade to the top of the pipe. If cover is less than 3 feet from the sub -grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Underground pressurized irrigation shall be provided to all buildable lots, and landscape areas on site. The applicant has indicated that Settlers Irrigation District will own and maintain this system. 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 municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 7. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 8. Other than the one driveway specifically approved by ACRD, no other access to Linder Road is allowed and shall be noted on the final plat. 9. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 10. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. The preliminary plat shows a proposed sewer main routing through a common lot. No large landscaping shall be allowed in the sewer easement. 12. All existing structures shall be removed prior to the City Engineer's signature on final plat. 13. The applicant shall revise the preliminary plat to show the standard City of Meridian 20 -foot utility easement for the proposed sewer and water mains. 14. Any domestic wells and/or septic systems appurtenant with the two existing houses 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. 15. The applicant shall establish a Business Owner's Association for the maintenance of the common lots. ST CONDITIONS- PRELEVIINARY MAT L All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 3. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 0 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Two -hundred -fifty and one -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. 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. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum, of three feet above the highest established normal groundwater elevation. 10. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 11. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 12. All development improvements, including sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 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. 14. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial • guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 15. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24 -hours for all storms up to and including a 100 -year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 16. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans 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, alternative plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 17. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 18. 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. 19. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Asencv/DeDartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) , 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your Certificate of Zoning Compliance application. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 0 0 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. £ Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The 5 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the C • probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For 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). 16. There shall be a fire hydrant within 100' of all fire department connections. 0 EXHIBIT D Redfish Subdivision AZ -05-021, PP -05-021 Required Findings ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shallfind adequate evidence answering the following questions about the proposed zoning amendment." A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, R not, has there been an application for a Comprehensive Plan amendment; The subject property is currently designated `Medium Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City recently approved Resolution No. 04-0454, which amended Chapter V1I, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street Linder Road and is less than 3 acres in size (2.52 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. • Sanitary sewer and water service will be extended to the project at the developers expense. 0 • 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. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). + The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • 'Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed zone, which allows office uses, does contribute to the variety of uses in this area. • Provide for non-exclusive residential zoning that allows for low -impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimirye the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). The proposed development will be restricted to professional and medical offices uses through a Development Agreement and the recent Comprehensive Plan text amendment. The office uses will have a low -impact on the surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular access from 0 • N. Linder Road, an arterial, and will not disrupt the nature or character of the neighborhood. • Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties (Chapter VII, Goal IV, Objective C, Action 2). The applicant will be required to provide land use buffers between the existing single-family residences and the proposed office uses, per Meridian City Code. City Council finds that the proposed L -O zoning designation is harmonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed professional/medical office development is allowed within the requested L -O zone. The uses of the property will be restricted through a Development Agreement to those uses that are allowed by the Comprehensive Plan text amendment. D. Has there been a change in the area or adjacent areas that may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area N. Linder Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIF) for roadway widening. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; • 0 The existing character of the area will, and is, currently changing. City Council finds that the proposed L -O zoning and subsequent office use proposed with the concurrent preliminary plat is harmonious and appropriate to the intended character of the general vicinity. The applicant shall be required to execute a Development Agreement with the City of Meridian to restrict hours of operation, uses allowed, and the height of the structures. If this development is approved as proposed and restrictions are placed on the property through a Development Agreement, City Council finds that it will not significantly change existing character of the area as noted on the Future Land Use Map in the Comprehensive Plan. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and if the development complies with all development and landscaping ordinances. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Other urban services, such as water and sewer, are near this site and the applicant should be able to extend such services to the site. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. This project approved at staff level by ACHD on May 3, 2005. City staff has reviewed the report prepared by ACHD and agrees with the recommendations it contains. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost. City Council does not anticipate that the annexation and zoning will be detrimental to the community's economic welfare. 1. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic congestion is an ongoing issue for north Meridian, the resolution of which is beyond the scope of this project. ACRD staff finds that the additional traffic created by the project should not be excessive. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. I Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one entrance into the site from N. Linder Road. If vehicular approaches are approved and constructed in accordance with ACHD policy, City Council finds that the subdivision will not create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. L. is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? 0 • In accordance with the findings listed above, City Council finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. PRELIMINARY PLAT ANALYSIS Meridian City Code (MCC)12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; See Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; City Council finds that public services are or will be available to accommodate the proposed development. See Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; no hazardous natural features have been identified on the site. ACRD considers road safety issues in their analysis. ADA COUNTY RECORDIk. DAVID NAVARRO AMOUNT .00 31 BOISE IDAHO 101191061 PM DEPUTY VIcId Allen III IIIII�IIIIIII'IIIIIIIIIIIIIIII I'll RECORDED—REQUEST OF City of Meridian 106165 12 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ben Miller, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of Q0Jn(�� , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CrrY', and Ben Miller, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (L -O) Limited Office, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 1 OF 10 • • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 12`h day of July, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDMSION) PAGE 2 OF 10 0 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Ben Miller, whose address is 4120 N. Linder Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned L -O (Limited Office) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (G) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the UO zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-021 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated April 8, 2005, DEVELOPMENT AGREIIVVHUE ff (AZ 05-021 VMMWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 3 OF 10 0 • and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. Uses within the subdivision will be limited to professional and medical office use only. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 4 OF 10 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the CityCouncil. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" 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 DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 5 OF 10 diligence be cured within such thirty (30) day period, if the defaulting parry shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, iiri:vocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed wider Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" an d "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SI JBDIVISION) PAGE 6 OF 10 0 W6" c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 0 OWNER/DEVELOPER: Ben Miller 4120 N. Linder Road Meridian, ID 83642 17.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TEWE 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 parry so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" DEVELOPMENT AGREEMENT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 7 OF 10 0 0 agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /IVELOPER: BEN MILLER DEVELOPMENT AGREEMENT (A205-021 WHITEWATER SUBDIVISION formerly ]mown as REDFISH SUBDIVISION) PAGE 8 OF 10 0 0 CITY OF MERIDIAN BY: MAYO de WEERD , ,. C�'/�j Attest: Of a CITY CLERKSHUL i 's 4 PPPIili4 DEVELOPMENT AGREEIVVIENNT (AZ 05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) PAGE 9 OF 10 i October 6, 2006 • MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT ITEM NO. REQUEST Water Main Easement Agreement for Talus Medical Building by Talus Professional Plaza, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: "erh* presented at public mee*w shag becor ne properly of the Coy of Mem. • ADA COUNTY RECORDEf&AVID NAVARRO AMOUNT .00 ! BOISE IDAHO 08/14/07 Oii''!rPM DEPUTY Vidd Allen RECORDED REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIII'IIIII III City of Meridian 107085124 WATER MAIN EASEMENT THIS INDENTURE, made this UL day o 20�between Talus Professional Plaza, L.L.C. whose current address is 222 N. Second Street, to 212. Boise, Idaho 83702, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the casement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such Water Main Easement EASMT WTR MAiN.doc • boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said casement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Professional Plaza, L.L.C. STtTE OF IDAHO ) ss County of Ada ) On this k s} day of Ss, rne. . 20-10-11. before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen W. Asher, MD, known or identified to me to be the authorized signatory of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. �w U'10 reO,�.. (IL4= A 0 or 2 NOTAAV PUBLICVOR IDAHID Residing at Commission Expires: t Water Main Easement EA.SMT WTR MAIN.doc e,ti��errrrrrrrfj f ' • r, GRANTEE: CITY OF MERIDIAN 3� y,X Tammy de Weerd, Vm4r —r le"A Attest by William G. Bet Cly Clerk °�i y cb Approved By City Council On:0LtkA&1aV! STATE OF IDAHO, ; . ss. County of Ada ) On this day of �' %C/1r%e- , 20 '�;� before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, M, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires:_ Water Main Easement EASMT WT'R MAIN.doc Cascade Office PO Box 188 105 N Main Street Cascade, Idaho 83611 Office: 20SZ82,4902 Fax:20SM4902 DATE: 10/18/06 0 Rennison Fodrea Engineers 9 Surveyors a Planners • Exhibit W City of Meridian Water Easement Ea le 1285 Eagle Road Suite B Eagle, Idaho 83616 Office: 208-M&2440 Fax 20&938-2441 Project No.; 1732 An easement for the purpose of accessing and maintaining potable water facilities situated in a portion of Lot 17, Block 2, Silverstone Campus Subdivision as shown in Book 4 of Plats on pages 10,295 to 10,299 inclusive, Records of Ada County, Idaho, located in a portion of the NW 1/4 of Section 21, T. 3 N. R. 1 E., B.M., City of Meridian, Ada County, Idaho, as shown on Exhibit B attached hereto and by this mention made a part hereof and being more particularly described as follows: Commencing at a found brass cap marking the north 1/4 comer of said Section 21; Thence a bearing of N 89°100" W, along the north boundary thereof, a distance of 285.41 feet to a pointy Thence S 00°00'00" W a distance of 252.58 feet to a found 1/2 inch rebar on the west right-of-way boundary of South Topaz Way, marking the northeast comer of said Lot 17, and being the POINT OF BEGINNING; Thence a bearing of N 90°00'00" W, a distance of 49.94 fleet to a point; Thence a bearing of S 00000'00" E a distance of 31.55 feet to a point; Thence a bearing of S 90°00'00" E a distance of 35.60 feet to a point on said west right-of-way boundary, Thence on a non -tangent curve to the right on said west right-of-way boundary, which curve has a radius of 299.70 feet, a length of 8.64 feet, a chord which bears N 26°043" E, a distance of 8.64 feet, to a found 5/8 inch rebar; Thence on a non- tangent ontangent curve to the left on said west right-of-way boundary, which curve has a radius of 325.33 feet, a length of 26.03 feet a chord which bears N 23°55'17' E, a distance of 26.02 feet, to the POINT OF BEGINNING; Said described easement contains 1,358 square feet more or less, together with and subject to rights - of way and easements of record and / or use. Modification in any way of the foregoing legal description terminates all liability of the surveyor who prepared that description. .nX49-_ LAMB , Prepared by Rennison Fodrea, Inc. R\ftJecb\Hb3uVt9ch\M\Admfn\U$k\1M Water E mentdoc 0 0 EDIT "B" CITY OF MERMIAN WATEREASEMENT NW CORNER SECTION 21 FOUND BRASS CAP 4 SECTION 2i CP&F INST. NO. 103135428 FOUN 1ND BRASS CAP Jr. CP&F INST. NO. 7852139 -JU SAT OF 8�' MJ 17 6. . . . 'N8974'.30'W 2684.97 • • • • • • . . . . . . . . . 20 21 Ii 1 2I I SURVEY REFERENCES I N� 1• RECORD OF SURVEY NO. 7513, INSTRUMENT NO. 106131345, RECORDS OF ADA COUNTY, IDAHO. 1 3:1 2. SI STONE CAMPUS SUBDIVISION, of PAGES 10295-10299 OF BOOK 4 OF 7. B LOT 2 LOT 1 PLATS, RECORDS OF ADA COUNTY, IDAHO. PARCEL POINT OF BEGINNIN Il 1 NOTE I ny" iiij ! ROS NO.AS D ON N90'00'00"W i 14 1. THE BEARINGS AND DISTANCES — — �' SHOWN HEREON ARE DERIVED FROM 49.94' I 4 AN ON THE GROUND SURVEY S00'OO'00"E RECORDED AS RECORD OF SURVEY 31.55' NO. 7513 (SEE SURVEY REFERENCE G 1). REFER TO SAID SURVEY FOR LOTSQ ( 'QO`00'E BEARINGS AND DISTANCES FOR S90 LOT 17 PROPERTY LINES DEPICTED ON THIS 35.60' / EXHIBIT AND INFORMATION y REGARDING EXISTING EASEMENTS AND RELATED SURVEY INFORMATION. LOT 16 PARCEL "A" BOUNDARY LINE SECTION LINE CURVE TABLE CURVE 'LENGTH RADIUS CHORD BRG. CHORD DIST. Cl 26 03' 325.3 ' N23 '1 i~E 28.0 C2 14'-2".7W N26'01'43,"E 1 &64' W ATBR BASB'd+iB f STl'><iATBD IN A POR72ON LOT 17, BLOCK 2 S)LVE92T IVE CAMOPUS SIM, LOCATED IN TIS NW 1/4 OF I3>BCn0N 21, T. 8 N., R. 1 B., B.M., CITY OF MI1 WL4N, ADA COUNTY, IDAHO -— ADJACENT LOT LINE PREVIOUS LOT LINE — STREET CENTER UNE -- -- — --- -- --- --• EASEMENT UNE IS FOUND BRASS CAP O FOUND 5/8 REBAR O FOUND i/2" REBAR a CALCULATED POINT Renidson Fodrea, Inc. iraeety + survoov r s • .Plavxwm too 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File r , U City of Meridian Public Works Dept. OCT 0 2 2006 0ity Of Meridian C14 Clerk (ice Date: 10/2/2006 Re: Proposed Agenda Items for 10/10/06 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/10/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Talus Medical Building by Talus Professional Plaza LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Talus Medical Building by Talus Professional Plaza LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 ADA COUNTY RECORDER J. DNAVARRO AMOUNT .00 BOISE IDAHO 06114/01 01:21 F EY DAllen RIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III ECORCORQED- REQUEST OF City of Meridian 107085124 WATER MAIN EASEMENT THIS INDENTURE, made this ULday o�tc212. 20between Talus Professional Plaza, L.L.C. whose current address is 222 N. Second Street, Boise, Idaho 83702, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such Water Main Easement EASMT WTR MAIN.doc 0 • boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Professional Plaza, L.L.C. ST�TE OF IDAHO ) ) ss County of Ada ) On this \ sk day of Su -r, a 20� before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen W. Asher, MD, known or identified to me to be the authorized signatory of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 410 i AL} MARY ''0.'e��gTE Of;�P�,` NOTMOY PUBLIC OR IDAHID Residing at Commission Expires: 21D 1'L Water Main Easement EASMT WTR MAIN.doc GRANTEE: CITY OF MERIDIAN ` i Cj _,.gSSG- / 1 4/1 Tammy de Weerd, r 7. A� $� Attest by William G. B Clerk �� C Y �``�• Approved By City Council On: STATE OF IDAHO, ss. County of Ada ) On this • [ day of l� , 20 L, 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. 0 GW•Geese&•• (SEAL) 0 w .ygh. M*� NOTARY PUBLIC FOR IDAHO Residing at: -7`VL,' Ll7 �% S ; Commission Expires: /fJ / /t Water Main Easement EASMT WTR MAIN.doc • 0 CascadeOfice Rennison Fo&ea Ie Office PO BOX 188 Engineers * Surveyors e PZanners 128 S Eagle Road 105 N Main Street Suite B Cascade, Idaho 83611 Eagle, Idaho 83616 Office. 208382-4902 Office: 208-938-2440 Fax: 208M4902 Fax 208-938-2441 DATE: 10/18/06 Project No.: 1732 Exhibit "A" City of Meridian Water Easement An easement for the purpose of accessing and maintaining potable water facilities situated in a portion of Lot 17, Block 2, Silverstone Campus Subdivision as shown in Book 4 of Plats on pages 10,295 to 10,299 inclusive, Records of Ada County, Idaho, located in a portion of the NW 1/4 of Section 21, T. 3 N. R. 1 E., B.M., City of Meridian, Ada County, Idaho, as shown on Exhibit B attached hereto and by this mention made a part hereof and being more particularly described as follows: Commencing at a found brass cap marking the north 1/4i corner of said Section 21; Thence a bearing of N 89°14'30" W, along the north boundary thereof, a distance of 285.41 feet to a point; Thence S 00100'00" W a distance of 252.58 feet to a found 1/2 inch rebar on the west right-of-way boundary of South Topaz Way, marking the northeast corner of said Lot 17, and being the POINT OF BEGINNING; Thence a bearing of N 90'WOO" W, a distance of 49.94 fleet to a point; Thence a bearing of S 00000'00" E a distance of 31.55 feet to a point; Thence a bearing of S 90°00'001' E a distance of 35.60 feet to a point on said west right-of-way boundary, Thence on a non -tangent curve to the right on said west right-of-way boundary, which curve has a radius of 299.70 feet, a length of 8.64 feet, a chord which bears N 26°01'43" E, a distance of 8.64 feet, to a found 5/8 inch rebar; Thence on a non - tangent curve to the left on said west right-of-way boundary, which curve has a radius of 325.33 feet, a length of 26.03 feet, a chord which bears N 23°55'17" E, a distance of 26.02 feet, to the POINT OF BEGINNING; Said described easement contains 1,358 square feet more or less, together with and subject to rights- of-way and easements of record and / or use. Modification in any way of the foregoing legal description terminates all liability of the surveyor who prepared that description. Prepared by Rennison Fodrea, Inc. ` j. R:\P'9ecW\H0ustm BugaWh\1732\Admin\Iega1s\1732 WatwEasmentdoc E)CH Brr "B" CITY OF MERIDIAN WATER EASEMENT NW CORNER SECTION 21 FOUND BRASS CAP 46.-- P&F INST. NO. 103135428 N 1/4 SECTION 21 FOUND BRASS CAP .R: OY8'14J..d1V� 1it0.4� CP&F INST. NO. 7852139 .a�,rsfs o.� �I►.�.,>rRtivo •N8974'30"W 2884.97'................. 285.47'_ 16 I I 21 1 �� SURVEY REFERENCES N1 1. RECORD OF SURVEY NO. 7513, I1 INSTRUMENT NO. 106131345, Ni RECORDS OF ADA COUNTY, IDAHO. t 31 2. SILVERSTONE CAMPUS SUBDIVISION, of PAGES 10295-10299 OF BOOK 4 OF LOT 3 LOT 2 LOT 1 c� PLATS, RECORDS OF ADA COUNTY, IDAHO. POINT OF BEGINNING g1 1 PARCEL "A" cni ! NOTE AS ROSNO.tT75i3N90'00'00W N " 1 ,� 1. THE BEARINGS AND DISTANCES 400 1 �' SHOWN HEREON ARE DERIVED FROM AN ON THE GROUND SURVEY S00`00100"E ,�,� RECORDED AS RECORD OF SURVEY 31.55' NO. 7513 (SEE SURVEY REFERENCE v 1). REFER TO SAID SURVEY FOR LOT 5 j S90'00'00"E 0 BEARINGS AND DISTANCES FOR PROPERTY LINES DEPICTED ON THIS S? LOT 17 35.60 / EXHIBIT AND INFORMATION y' REGARDING EXISTING EASEMENTS AND RELATED SURVEY INFORMATION. LEGEND LOT 16 PARCEL "A" BOUNDARY LINE SECTION LINE CURVE TABLE CURVE -LENGTH RADIUS CHORD BRG. CHORD QIST. C1 26.03' 325,33' N23 55'17"E 26.02' C2 8.64' 299.70' N26'Ot'43"E 8.54' WATER EASP.MEIITT SITUATW IN A PORTION LOT 17, BLOCK 2 SXLVEitTSTONE CAMPUS SUB., LOCATED iN THE NW 1/4 OF SECTION 21, T. 3 N., R. 1$., B.M., CITY OF MERML4N, ADA COUNTY, IDAHO �—^-� — -- ADJACENT LOT UNE PREVIOUS LOT UNE STREET CENTER LINE — -- —•- •— — -- -- — EASEMENT LINE FOUND BRASS CAP 0 FOUND 5/8 REBAR 0 FOUND 1/2" REBAR A CALCULATED POINT Rennison Fodrea, Inc. E'?zytirteers • Surveyors • planners 140 r October 6, 2006 MERIDIAN CIN COUNCIL MEETING October 10, 2006 C� APPLICANT ITEM NO. " iT REQUEST Water Main Easement Agreement for Bridgetower Retail Buildings by Primeland Investment Group, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See attached MERIDIAN SCHOOL DISTRICT.- ADA ISTRICT:ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY Mir CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materk* presented at pubec meetbW shag become property of fhe City of Meddkwf. A NTY RECORDER J.PM NAVARRO AANOUIi loo 1 BOISE IDAHO 02t0i107 0 DEPUTY Neaua Haney f 1 RECORDED -REQUEST OF 107'015561 Meridian ON WATER MM EASEMENT THIS INDENTURE, made this 22 day of December, 20QL_between Primelamd Investment Group. LLC , the parties of the fust part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property; (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT W M 1. __ t' ,c —I E THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 4- -aem�J� �- C Mier STATE OF IDAHO ) ) ss County of Ada ) On this _ 2 day of December , 2006___, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Varriale , known or identified to me to be the Manger, of the company that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. . SEAL) KIA413F ;b,i' V.'INKLE r,Tj iMry Public State-Ildaho GRANTEE: CITY OF MERIDIAN Water Main Easement 1 -yew NOTARY P L FOR AHO Residing at Commission Expires: Z6Q EASMT WTR Pave O/ of 1 — • Tammy de Weerd, Approved By City Council On: STATE OF IDAHO, ss. 116/ County of Ada ) On this JL day of Py tiZLt �`"'�`''"J , 2t before me, the undersigned, a Notary Public in and for said State, personappeared 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) 1� IL:'- NOTARY PUBLIC FOR IDAHO Residing at `mak. C fid' Commission Expires:_ Nater Main Easement BASMT WTR I age-6—Ad— P� q,2 - 06 C1M AND SMOC7URALMV EMNG City of Meridian Waterline Easement No.1 For 13dagetower Retail Project Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the West Line of said Section 35, South 00053'13" West, 443.00 feet, to the Centerline of W. Quintele Dr.; thence along sold Centerline, South 89°08'47" East, 222.77 feet, to a 300.00 foot radius curve to the right; thence along said curve, an are distance of 63.69 feet, through a central angle of 12009'47", and having a chord which bears South 83001'54" East, 63.57 feet; thence leaving said Centerline, North 01°01'41" East, 25.52 feet, to a point on the southerly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence North 01 °01'41" East, 27.52 feet; thence North 46°01'41' East, 39.38 feet; thence North 01 °01'41" East. 65.49 feet; thence South 88°58'19" East, 35.78 feet; thence South 01 °0141" West, 20.00 feet; thence North 88058'19" West, 15.78 feet; thence South 01 "0141" West, 53.77 feet; thence South 46°01'41" West, 39.36 feet; thence South 01"01'41" West, 23.82 feet, to a point on sold southerly boundary of Lot 3, Block 25, and a non -tangent 325.00 foot radius curve to the left; thence along said southerly boundary and curve, an arc length of 20.52 feet, through a central angle of 3"37'04", and having a chord which bears North 78"04'42" West, 20.52 feet, to the POINT OF BEGINNING. Containing 3007 square feet, more or less. PARRS Arcbio W\8d4ptowar 170 -EASE I DES I= Treasure Valley Engineers. iuc. 1204 611. Street North Damps, Idaho 83687 Office: (208) 463-0305 Fax: (208)463-3341 www.l"''Elne.com Page—_ EXHIBIT B A PORTION OF LOT 3, BLOCK 25, BRIDGETOWER CROSSING SUBDIVISION No. 2, WITHIN THE NWI/4, SECTION 35, T4N, RIW, B.M., CITY OF MERIDIAN,. ADA COUNTY, IDAHO LINE aEn�Na ar�cE Li N 01• 41 E 25 L2 I N 01 1 41 E L3 I S 01*01 41 W 27 26 BASIS OF BEARINGS S_88'58'19` E 34 W.-MCMILLAN RD. SECTION CORNER o FND. BRASS CAP --�_ CORNER RECORD t INST. No. 104146597 V� S88'58'19'E 357l - r — —.1 I �I N 15.78' J I 7N88�8'19"W �Im I zI - o • ti � J I POINT GI BEGINNING C2 1 W. QUINTALE DR. ~~ 1\ S 89'06'47" E i2 iF SCALE --�_ 30 0 15 30 FEET ) INCH - 30 FT - . =30'1 I" PROJECT: OWNER/DEWLOPER: DWG # CITY OF MERIDIAN WATERLINE EASEMENT 1 BRS ARCHITECTS DATE: 9/21/06 •1 mww xmmm= sx 1823-05 s� a�a � em J� saw � PROJECT joto� 05170-01 t "' a 1� aNm SHEET 1 OF 1 . age-5-0f–Q— YAM ��,L LANps 9 O aMAND SnVCZZWALBNCA'L"B MG —City of Meridian Waterline Easement No. 2 For Bridgetower Retail Project Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgeiower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of Meridian, Ada County, Idaho. as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the North Line of said,Sectlon 35, South 89°58'19" East, 784.45 feet, to the Centerline of N. Montelino. Way; thence along said Centerline, South 01°01'41° West, 101.78 feet, to a 300.00 foot radius curve to the right; thence along said curve, an arc distance of 90.56 That through a central angle of 17°1743", and having a chord which bears South 09040'32" West, 90.21 feet; thence South 18019'24" West, 19.40 feet; thence leaving said Centerline, North 71040'36" West, 25,00 feet, to a point on the -easterly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence North 65038'57" West, 45.68 feet; thence North 00038'28" East, 72.29 feet; thence North 44009'56" West, 8.78 feet; thence North 8805819" West, 107.68 feet; thence South 0'[ °01'41" West, 17.00 feet; thence North 88'58'19" West, 20.00 feet; thence North 01 °01'41" East, 37.00 feet; thence South 88°5919" East, 135.92 feet thence South 44009'56" East, 25.27 feet, thence South 00038'28" West, 67.48 feet; thence South 65°38'57" East, 30.51 feet, to a 275.00 foot radius non -tangent curve to the right on the easterly boundary of sold Lot 3, Block 25; thence along said curve and easterly boundary, an arc length of 0.71 feet, through a central angle of 0008'54'. having a chord which' bears South 18°14'57' West, 0.71 feet; thence continuing along said easterly boundary, South 18°19'24° West, 19.40 feet, to the POINT OF BEGINNING. Containing 5476 square feet, more or lees. IMSRS AwbffixW0 ldgdoww 170 -EASE 2 DEXDOC Treasure VaUey EngWeers. Inc. 1204 E". Streed North Nampa, lrlaho 83637 Office: (208) 463-0305 Fu: (208) 463-4391 v WW.'1 IEln0.0atU Pave IQ of _q_ V1.2Z�o tro N$ 48 y ro N01'01'41'E 37.00' i o n ;0 may" c JC 2 om ►C r � 2 S 01-01'41 I ►C iA r 17.00''1 I MPI y otv C4 tz I ... �0 NN2a��tv0ba � AIs CA z n En rq S N v1 NIS F O Q t a a o I I cn I I ++ 02 I. r-- — — N00'38'28'E— — — --� I N O 0 m ca J 72.29' J �� J �+ SVz �R m z � I om mm ---— o cgi�i JC„`p Jr 87.48'rn — — �.�. 0 �yv criJia QIP in Bi�8 * O r� AN s i8y9a4 " N. MONTELJNO WAY S 01.01'41~ w _ p 101.78' CAI O -u _, 0 1-' m 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File L� City of Meridian Public Works Dept. Date: 10/2/2006 Re: Proposed Agenda Items for 10/10/06 City Council Meeting REc.Ei-k, OCT 05 City OfMeridi<j. City Clerk ®ff The Public Works Department respectfully requests that the following items be placed on the 10/10/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Bridgetower Retail Buildings by Primeland Investment Group LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Bridgetower Retail Buildings by Primeland Investment Group LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 s WATER MAIN EASEMENT THIS INDENTURE, made this 26 day of Sept. , 2006 between 1'rimeland Investment Group LLC the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right -df --way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated'herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted -shall become part of, or lie within the boundaries of any public street, then, to such extent, such right -of --way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR r L THE GRANTORS do hereby covenant with the Grantee,that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. �e17 ►Y • ; C; Frank S. Varriale, Manager STATE OF IDAHO ) ) ss County of Ada ) On this 26 day of September , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank S Varriale known or identified to me to be the, Manager respectively, of the company that executed the within instrument. IN WITNESS WHEREOF, I have here unto set my hand and affixed my official seal the day and year fist above written. (SEAL) KIMBERLY WINKLE Notary public State of Idaho GRANTEE: CITY OF MERIDIAN NOTARY PV Residing at Commission Expires: Water Main Easement EASMT WTR 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ; SS. County of Ada • On this 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR (2).doc �. �IlWdil �U G1STE��.pG 10782' CIM AND STRUCTURAL MONEERRMG rti��' City of Meridian Waterline Easement No. 1 2__0 For Bridgetower Retail! Project Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1l4of Section 35, T4N, R1 W, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the West Line of said Section 35, South 00°53'13" West, 443.00 feet, to the Centerline of W. Quintaie Dr.; thence along said Centerline, South 89006'47" East, 222.77 feet, to a 300.00 foot radius curve to the right; thence along said curve, an arc distance of 63.69 feet, through a central angle of 12009'47", and having a chord which bears South 83101'54" East, 63.57 feet; thence leaving said Centerline, North 01°01'41" East, 25.52 feet, to a point on the southerly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence North 01 °01'41" East, 27.52 feet; thence North 46001'41." East, 39.36 feet; thence North 0100141" East, 65.49 feet; thence South 88058'19" East, 35.78 feet; thence South 01 °01'41" West, 20.00 feet; thence North 88058'19" West, 15.78 feet; thence South 01'01'41" West, 53.77 feet; thence South 46°01'41" West, 39.36 feet, thence South 01'01'41" West, 23.82 feet, to a point on said southerly boundary of Lot 3, Block 25, and a non -tangent 325.00 foot radius curve to the left; thence along said southerly boundary and curve, an arc length of 20.52 feet, through a central angle of 3037'04", and having a chord which bears North 76604'42" West, 20.52 feet, to the POINT OF BEGINNING. Containing 3007 square feet, more or less. P:\BRS ArchftwWBridgetawer RebiADrawh%s\Smve.ODESCRUMONS�05170-EASE 1 DESC.DOC Treasure Valley En&eers. Inc. Office: (208) 463-0305 1204 6". Street North Fax: (208) 463-4391 Nampa, Idaho 83687 uw.Tt'Elnc.com • EXHIBIT B A PORTION OF LOT 3, BLOCK 25, BRIDGETOWER CROSSING SUBDIVISION No. 2, WITHIN THE NW1/4, SECTION 35, T4N, R1W, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO UNE BEARING DISTANCE Lt N 01'01 41' E 25.52' L2 N 01'01'41" E 27.52' L3 S 01'01 41- *------2-.3-,-2r' CORNER RECORD 27 26 BASIS OF BEARINGS PROJECT. S 88'58'19" E 34 5 W MCMILLAN RD. .M- f SECTION CORNER R FND. BRASS CAP f CORNER RECORD o INST. No. 104146597 W S88758'11 9"E 3 r 35.78' -� 0 NIO 15.78') cn FN88'58'19"W 6 PROJECT. OWNER/DEVELOPER: I J .M- f zl ZMUMW VAMW mmm=Z m zt ;n o PROJECT# 05170-01 V) I Z SIL O S 89'06'47" SHEET 222.77' W S88758'11 9"E 3 r 35.78' -� 0 NIO 15.78') cn FN88'58'19"W SCALE 30 0 15 30 60 ' `-- ( FEET ) _--�--� 1" =30' 1 INCH = 30 FT PROJECT. OWNER/DEVELOPER: DWG CITY OF MERIDIAN zl ZMUMW VAMW mmm=Z m O PROJECT# 05170-01 I I SIL O 1 SHEET I DATE: 9/21/06 In Jm 1 OF 1 I/ X/tR60 r i O NT OF BEGINNING QUINTALE DR. SCALE 30 0 15 30 60 ' `-- ( FEET ) _--�--� 1" =30' 1 INCH = 30 FT PROJECT. OWNER/DEVELOPER: DWG CITY OF MERIDIAN BRS ARCHITECTS ZMUMW VAMW mmm=Z m 1823-05 PROJECT# 05170-01 WATERLINE EASEMENT 1 "QA, tarn smar tar (sae) 4=1 J my am � SHEET DATE: 9/21/06 1 OF 1 P1C 67, j72-- a 1111�Lir1 �� CIVIL AND STRUCTURAL ENGZNEERING City of Meridian Waterline Easement No. 2 For Bridgetower Retail Project Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of Meridian,, Ada County, Idaho, as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the North Line of said .Section 35, South 89°58'19" East, 784.45 feet, to the Centerline of N. Montelino. Way; thence along said Centerline, South 01001'41" West, 101.78 feet, to a 300.00 foot radius curve to the right; thence along said curve, an are distance of 90.56 feet, through a central angle of 17017'43", and having a chord which bears South 09°40'32" West, 90.21 feet; thence South 18°19'24" West, 19.40 feet; thence leaving said Centerline, North 71°40'36" West, 25.00 feet, to a point on the easterly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence- North 65038157" West, 45.68 feet; thence North 00°38128" East, 72.29 feet; thence North 44°09'56" West, 8.78 feet; thence North 88058'19" West, 107.68 feet, thence South 01 °01'41" West, 17.00 feet; thence North 88'58'19" West, 20.00 feet; thence North 01 °01'41" East, 37.00 feet; thence South 88°58'19"East, 135.92 feet; thence South 44009'56' East, 25.27 feet; thence South 00°38'28" West, 67.48 feet. thence South 65°38'57" East, 30.51 feet, to a 275.00 foot radius non -tangent curve to the. right on the easterly boundary of said Lot 3, Block 25; thence along said curve and easterly boundary, an arc length of 0.71 feet, through a central angle of 0008'54°, having a chord which bears South 18°14'57" West, 0.71 feet; thence continuing along said easterly boundary, South 18019'24" West, 19.40 feet, to the POINT OF BEGINNING. Containing 5476 square feet, more or less. P:113RS ArchA--tslBridgdowa ReaffiDmw'* Smvey\DESCRUMONS105170.EASE 2 DESC.DOC Treasure Valley En&eers, Inc. Office: (208) 463-0305 1204 e. Streed North Fax: (308) 4634391 Nampa, Idaho 83637 u1WW T'VE1nc.com WG�z m LnZZm m 40 A Ou'f W 0 mmc�'iig o�om 0 D cmi --I 0 rn z O r*m -9 M K D rn (n;u 9: 0 rn A Z z i X" r*t m o N o 1 oV m w o o w �J 00 C: H a o CD w z A °1 z o z _N01'01'41 "E x O mwF 37.00' pn�nz Dol I Cz a! 0I I z►��o� x N o L s o1ro1.41 $ o 17.00' in W y ^tsy t� En tz C,m= n rn �,a �0 Ao Q� m 4_ I I �0�o � N o I j w U) 0 � �Ico d �' Z cNn a� I 0oym NNLp Nlm co I� I cq I � m G I I o I o i I v I I I Ln i rn N0038'28"E z m r----- X2.29' ----- �ozm cn m m / ® �ti/ 5 z; m zo ::E Co m mn /_ ��/ �'� I Cog(A z -zi A /�� S00'38'28"W /g�6 o rn N 0 n I m z0 Ca /,W `-----67.--- ---��r ;000z o %v /�� cn m c, � j Z Ali 41 oi�(A ! I� Aj I 3 1940• 187924" w _ N. MON TELINO WAY _s 01*01'41" w 101 0 .78' October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 • APPLICANT ITEM NO. REQUEST Public Works Budget Amendment for the Wastewater Treatment Plant Expansion AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See aitaahed OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings stat become properly of the City of Meridlan. 0 Memo To: Will Berg; Tara Green is !t r- From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director; Len Grady, City Engineer OCT 0 5 2000 City Of Meridian City Clerk Office Date: 10/05/2006 Re: Proposed Agenda Items for October 10, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 10 City Council Agenda, under Consent Agenda, for Council's consideration: Budget Amendment — WWTP Plant Expansion The Public Works Department would like to request a budget amendment for the WWTP Plant Expansion line item that is budgeted at $21,512,000. This amendment will allow us to give the notice to proceed for the construction contract for the Wastewater Treatment Plant Biosolids Improvement Project to The Ewing Company, negotiate a construction services contract with Carollo Engineers and provide other related items. • 3590-96170 WWTP Plant Expansion $3,300,000 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for an additional $3,300,000 to the WWTP Plant Expansion. Change Order No. 2 for the Wastewater Treatment Plant Expansion Project Additional work is required for the wastewater treatment plant expansion' project. This change order consists of the following work: Change Aeration Basin Air Header from underground to overhead piping to minimize shutdowns, and to make room for new buried Mixed Liquor pipe connection. Relocate existing 36" Mixed Liquor piping from Aeration Basins to Secondary Splitter to allow space for new 48" Mixed Liquor pipe. JC Constructors, Inc. submitted a cost for this change order as summarized below: 0 Page 1 • JC Constructors, Inc. $77,334.98 Change Orders 1 and 2 represent an additional 2.04% over the original contract amount. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Wastewater Treatment Plant Expansion with JC Constructors, Inc. for $77,334.98 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 0 Table 1— WNTP Piant Expansion Prosect Budget Status Pro" Pro ect Budget (FY 2006 Cost Estirrbe Remain Bu et $21,512,000 Engineedng Contracts 03,600,000 $17,732,000 Liquid Stream Construction $6,367,500 $9,344,500 'uid Stream Ch es/Conti en $440,000 $8,904,500 Sofids Stream Constwction ($10,314,000) ($1,409,500) Solids Stream Conti en $550,000 ($1,959,500) Emergency Power Upgrades ($600,000) ($2,559,500) Ultraviolet Disinfection ($410,000) ($2,969,500) Electrical and Outfall Upgrades $330,000) ($3,300,000) Budget Shortfall ($3,300,000 0 Page 1 0 • October 6, 2006 MERIDIAN CITY COUNCIL MEETING October la, 206 APPLICANT ITEM NO. REQUEST Change Order No. 2 for the Wastewater Treatment Plant Expansion 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: See affl ached 4f-`� .01114j<60 �yo fl/ OTHER: Contacted: Date: Phone. Emailed: Staff Initials: Materials presented at pubitc meeitnus shall become property of the City of Meridian. r --I L -j Memo To: Will Berg; Tara Green Cl From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director, Len Grady, City Engineer City Of Meridian City Clerk Office Date: 10/05/2006 Re: Proposed Agenda Items for October 10, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 10 City Council Agenda, under Consent Agenda, for Council's consideration: Budget Amendment — WWTP Plant Expansion. The Public Works Department would like to request a budget amendment for the WWTP Plant Expansion line item that is budgeted at $21,512,000. This amendment will allow us to give the 'notice to proceed for the construction contract for the Wastewater Treatment Plant Biosolids Improvement Project to The Ewing Company, negotiate a construction services contract with Carollo Engineers and provide other related items. 3590-96170 WWTP Plant Expansion $3,300,000 Recommended Council Action: The Public Warks Department recommends that City Council approves the budget amendment for an additional $3,300,000 to the WWTP Plant Expansion. Change Order No. 2 for the Wastewater Treatment Plant Exxvansion Proiect Additional work is required for the wastewater treatment plant expansion project. This change order consists of the following work: Change Aeration Basin Air Header from underground to overhead piping to minimize shutdowns, and to make room for new buried Mixed Liquor pipe connection. Relocate existing 36" Mixed Liquor piping from Aeration Basins to Secondary Splitter to allow space for new 48" Mixed Liquor pipe. JC Constructors, Inc. submitted a cost for this change order as summarized below: 0 Page 1 9 • JC Constructors, Inc. $77,334.98 Change Orders 1 and 2 represent an additional 2.04% over the original contract amount. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Wastewater Treatment Plant Expansion with JC Constructors, Inc. for $77,334.98 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 77 CJ CHANGE ORDER 2 PROJECT: City of Meridian Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: October 10, 2006 EFFECTIVE DATE: October 10, 2006 OWNER: City of Meridian CONTRACTOR: JC Constructors, Inc., ENGINEER: Carollo Engineers You are directed to make the following changes in the Contract Documents. 1. Change Aeration Basin Air Header from underground to overhead piping to minimizeshutdowns, an to make room for new buried ML pipe connection. (WCD 016) 2. Relocate existing 36" Mixed Liquor piping from Aeration Basins to Secondary Splitter to allow space for new 48" ML pipe. (WCD 018) Reason for Change Order: Field location of existing underground utilities were not where shown on the as -built drawings. Unforeseen conditions from existing underground utilities, interfering with underground piping required in the contract. Reroute Aeration Basin air header to minimize shutdowns and interruption of critical process. Attachments: JC Constructors Change Proposal Request - (WCD 16) -July 19, 2006 for $51,315.92 JC Constructors Change Proposal Request - (WCD 18) - September 29, 2006, for $26,019.06 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 670 Days — September 1. 2007 $8,367,500.00 Ready for final Payment: 730 Days — November 1. 2007 days or dates Net Changes from previous Change Orders No. 0 to No. 1 Net Changes from previous Change Orders No. 0 to No. 0 $ 93.971.57 Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Days — September 1. 2007 $8,461,471.57 Ready for Final Payment: _ 730 Days — November 1. 2007 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 77,334.98 0 days Contract Price with all approved Change Orders Contract Times with all approved Change Orders $8,538,806.54 Substantial Completion: 670 Days — September 1, 2007 Ready for final payment: 730 DM — November 1, 2007 days or dates BY ENGINEER: 20 William J. Benko, P.E. Date: APPROVED BY OWNER: _(_ L t DA Clint olsby, P.E., Public Works l Date: (O l S u Approved by City Council: Date: ACCEPTED BY CONTRACTOR: By: Contractor (Authorized Signature) Date: Tammy de Weerd, Mayor Attest: William G. Berg, Jr., City Clerk Date: CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF IMPROVEMENTS 2.CONTRACTOR JC CONSTRUCTORS 3.PROJ CT NO. 148 Change Proposal # &CONTRACT NO: &PROPOSAL DATE 19 -Jul -06 DESCRIPTION OF CHANGE OPTION C - OVERHEAD THROUGH ROOF WITH CONCRETE SUPPORTS. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials and Equipment. Detailed quantities attached. 4. Overhead & Fee @ 150 Time Extention Requested 0 working day JC Constructors' Cost $ $ $ $ $ 21,010.02 4,972.62 17,980.45 6,594.46 50,557.56 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&Pj $ - 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @i 5 PERCENT: $ - CONTRACTORS BOND COST @ s.018n000 $ 758.36 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+85) $ 51,315.92 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PREMED NAME ON PROPOSAL SANATURE104TE Page 1, JCC 0 • JC CONSTRUCTORS, INC. Change Proposal Request # 0 Date: 19-1ul-06 Scope of change: OPTION C - OVERHEAD THROUGH ROOF WITH CONCRETE SUPPORTS. 0 0 0 0 LABOR Foreman Hours 100.00 Labor Rate w/Fringe $ 41.13 4112.95 Carpenter/Operator Hours 40.00 Labor Rate w/Fringe $ 35.46 1418.53 Ironworker/Pipe Fitter Hours 270.00 Labor Rate w/Fringe $ 35.46 9575.08 Laborer/Carp Apprentice Hours 180.00 Labor Rate w/Fringe $ 30.57 5503.46 Project Management Hours 8.00 Labor Rate w/Fringe $ 50.00 400.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 21010.02 MATERIAL Material listed below or from attached detailed material sheets - 14029.00 SALES TAX 701.45 Other direct material not specifically included in detailed take -off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. TOTAL MATERIAL COSTS FOR CHANGE ORDER 14730.45 EQUIPMENT Equipment Description FORKLIFT Est Usage 20 Rat$ 65 NO COST Equipment Description WELDERS Est Usage 100 Rate 25 2500.00 Equipment Description CUTTING TORCH Est Usage 50 Rate 15 750.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Descri tion Est Usage Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 1 3,250.00 Page 2 JC CONSTRUCTORS, INC. Change Proposal Request # 0 Date: 19.Ju1-06 Scope of change: OPTION C - OVERHEAD THROUGH ROOF WITH CONCRETE SUPPORTS. 0 0 0 0 Description Quantity Unit Hrs Unit Labor Hours $/Unit Material Cost BUY DETAILING SERVICES 20.00 HRS 0.00 45.00 NO COST BUY 14" MANUAL BF VALVES 4.00 1 EA 2.00, 8.00 250.00 1000.00 BUY 24" 90 ELLS CS 3.00 EA 6.00 1 18.00 700.00 2100.00 BUY 24" TEE CS 1.00 EA 8.00 8.00 1200.00 1200.00 BUY SUPPORT ROOF PARAPET 1.00 EA 20.00 20.00 500.00 500.00 BUY SUPPORT Q SOUTH OF BASINS 2.00 EA 40.00 80.00 500.00 1000.00 BUY 24" X 18" RED CS 1.00 EA 6.00 6.00 588.00 1 588.00 BUY 24" CS SCH 40 PIPE 100.00 LF 0.20 20.00 65.00 6500.00 BUY 18" CS SCH 40 PIPE 100.00 LF 0.18 18.00 48.00 4800.00 BUY 18" CAP 1.00 EA 8.00 8.00 535.00 535.00 BUY 18"X 14" TEES 2.00 EA 9.00 18.00 225.00 450.00 BUY 24" X 14" TEES 2.00 EA 10.00 20.00 225.00 450.00 BUY 14" 90 ELLS CS 4.00 EA 6.00 24.00 250.00 1000.00 BUY 14" SCH 40 PIPE 40.00 LF 0.16 6.40 38.00 1520.00 BUY DIV 5 PIPE SUPPORTS 6.00 EA 10.00 60.00 250.00 1500.00 BUY EXPANSION JOINTS 4.00 EA 4.00 16.00 1200.00 4800.00 BUY 18" FLANGES 2.00 EA 10.00 20.00 180.00 360.00 BUY 24" FLANGES 2.00 EA 10.00 20.00 220.00 440.00 RENT CRANE 40.00 HRS 0.00 125.00 NO COST PAINT ALL 120.00 HRS 1.001 120.00 1500.00 1500.00 INTAKE WORK 0.00 0.00 16" WELD FLANGES 9.00 EA 6.00 54.00 140.00 1260.00 16" 90 ELL 3.00 EA 4.00 12.00 250.00 750.00 20" X 16" RED 1.00 EA 6.00 6.00 287.00 287.00 20" 45 ELBOW 1.00 EA 4.00 4.00 346.00 346.00 20'X 20" X 16" WYE 2.00 EA 0.00 2000.00 4000.00 20" 90 ELL 2.00 EA 4.00 8.00 523.00 1046.00 BUY 16" SCH 40 CS 20.00 LF 0.18 3.60 48.00 960.00 BUY 20" SCH 40 CS 20.00 LF 0.20 4.00 53.00 1060.00 20" TEE 1.00 EA 6.00 ' 6.00 917.00 917.00 20" 3 WELD FLANGES 2.00 EA 8.00 16.00 203.00 406.00 -130.00 -27246.00 0.00 0.00 0.00 0.00 0.00 0.00 Hours 474.00 1 Man 1 14029.00 Page 3 CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF IMPROVEMENTS 2.CONTRACTOR JC CONSTRUCTORS 3 -PROJECT NO. 148 Change Proposal # WCD-018 &CONTRACT NO: &PROPOSAL DATE DESCRIPTION OF CHANGE Additional cost to relocate the existing 36" ML from AB #1 and'2 into the old secondary splitter box. This method was chosen to offer insurance that once we'attempt the AB #14 tie in to the new SCL splitter that all piping will fit and avoid purchasing now pipe. Work includes bypass pumping and labor for install and recovery after final tie in. We have 36" 45 degree fittings available onsite for use during the temporary relocation. :OST SLINUARY L FOR CHANGE WORK DIRECTLY PERFORMED 43Y THE UNDERSleMM CONTRACTOR Direct labor vd labor fringes ( Attach supporting detail estimates with man -fours and rates) $ 10,978.40 h%sura ce and Labor Taxes $ 1,785.50 Matertais and Equiprnent. Detailed quarftes afladied. $ 9,527.00 Overhead & Fee @ 15% $ 3,343.64 Time Extention Requested 5 wot!4ffl day JC constructors, cost $ 25,634.54 L For work to be performed by subcontiacors, per proposals and detailed breakdowns USCONTRACTOR NAME CATEGORY OF WORK AMOUNT )TAL SUBCONTRACTOR AMOUNT (NMUDNG SUB. OH&P): $ - ]NTRACTORS COMMON ON TOTAL SUBCONTRACTOR AMOUNT Q 5 PERCENT: $ - 3NTRACTORS BOND COST Q 3.018/1000 $ 3$4.52 . TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - JAS+85) $ 26,019.06 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jlrrr Cox PRtMTED NAME ON PROPOSAL =T URE/DATE Page 1, JCC JC CONSTRUCTORS, INC. Change Proposal Request # WCD-018 Date: 29-3ep-06 Scope of change: Additional cost to relocate the existing 36" ML from AB #1 and 2 into the old secondary splitter box. This method was chosen to offer insurance that once we attempt the AS #1-4 tie in to the new SCL splitter that all piping will fit and avoid purchasing new pipe. Work includes bypass pumping and labor for install and recovery after final tie in. We have 36" 45 degree fittings available onsite for use during the temporary relocation. LABOR Foreman Hours 50.00 Labor Rate w/Fringe $ 60.76 3038.00 CarpenterlOperator Hours 24.00 Labor Rate w/Fringe $ 51.60 1238.40 Ironworker/Pipe Fitter Hours 100.00 Labor Rate w/Fringe $ 54.86 5486.00 Laborer/Carp Apprentice Hours 10.00 Labor Rate w/Fringe $ 51.60 516.00 Project Management Hours 14.00 Labor Rate w/FriAge $ 50.00 700.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 10978.40 MATERIAL Material listed below or from attached detailed material sheets - 1200.00 Rent Rain for Rent Pump 1233.00 Rent Discharge Pipe 500.00 Rent CATE pump 249.00 Delivery and Pick up charge 300.00 Other direct material not specifically included in detailed take -off - Consumables, etc. 0.00 FUEL COST FOR ALL PUMPS 150 GALLONS 375.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 3857.00 EQUIPMENT Equipment Description Dump Truck Est Usage 16 Rate 65 1040.00 Equipment Description 320 Trackhoe Est Usage 20 Rate 115 2300.00 Equipment Description JC Bypass Pumps Est Usage 1 Rate 500 500.00 Equipment Description JC Trash Pump Est Usage 1 Rate 150 150.00 Equipment Description Rent 40 Ton Crane Est Usage 14 Rate 120 1680.00 Descri tion Est Usa a Rate 0.00 LOTALEWent EQUIPMENT COSTS FOR CHANGE ORDER 5,670.00 Page 2 LABOR RATES Foreman Carpenter Operator Iron Worker & Pipe Laborer & Carp Fitter Appren Current Wage Rabe Retirement, Sick, Vacation Fringe Total Base + Fringe $28.00 $ 3.75 $31.75 $22.00 $ 3.75 $25.75 $24.00 $ 3.75 $27.75 $ 22.00 $ 3.75 $ 25.75 $17.00 $ 3.75 $20.75 FICAIMedicare Worker's Compensation Insurance SUUFUI Liability Insurance Total Insurance Burden $2.54 $ 3.97 $ 1.97 $ 1.59 $10.06 $2.06 $ 3.22 $ 1.60 $ 1.29 $ 8.16 $ 2.22 $ 2.06 $ 1.66 $ 2.59 $ 1.29 $ 1.04 $ 6.58 $ 3.47 $ 3.22 $ 1.72 $ 1.60 $ 1.39 $ 8.80 $ 1.29 $ 8.16 Holiday Medical Insurance $ 0.88 $ 5.00 $ 0.71 $ 5.00 $ 0.77 $ 5.00 $ 0.71 $ 0.57 $ 5.00 $ 5.00 Indirect Labor Costs Safety Small Tools Training $ 1.00 $ 1.25 $ 1.50 $ 1.25 $ 1.25 $ 1.50 $ 1.25 $ 1.25 $ 1.50 $ 1.50 $ 1.25 $ 1.50 $ 1.50 $ 1.00 $ 1.25 Grand Total Wages & Labor Burden Overtime Rabe $51.19 $70.82 $43.63 $59.77 $46.32 $63.66 $ 43.63 $ 59.77 $37.15 $50.40 STRAIGHT TIME The Deduction of Insurance Costs from the Total Gross Amount Gross $51.19 $43.63 $46.32 $ 43.63 $37.15 Insurance $10.06 $ 8.16 $ 8.80 $ 8.16 $ 6.58 Total Direct Labor Cost $41.13 $35.46 $37.52 $ 35.46 $30.57 OVERTIME The Deduction of Insurance Costs from the Total OT Gross Amount Gross OT $70.82 $59.77 $63.66 $ 59.77 $50.40 Insurance $10.06 $ 8.16 $ 8.80 $ 8.16 $ 6.58 Total Direct Labor Cost $60.76 $51.60 $54.86 $ 51.60 $43.83 Page 3 • October 6, 2006 MERIDIAN CITY COUNCIL MEETING October id, 2006 APPLICANT ITEM NO, A REQUEST Water Main Easment Agreement for Conglomerate Subdivision by AP-EEdggll-e— View and C Von Wolffradt Properties I, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See dilached 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: Matork* presented at pubk meetings diaU become property of the City of Meridian. • ADb COUCY RECOROM DAVID ##VARRO i1Alcuff .00 i C'&DEPUTYBOISE AVW Allm PAI RECORDED-REQUEST OF City of -64dilp 106165918 WATER MAIN EASEMENT THIS INDENTURE, made this it day of 6_Qpbetween AP -EAGLE VIEW, L.L.C. and C. VON WOLFFRADT PROPERTIES I, L.L.C., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way ightof-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following describeiproperly: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easementand adjacent property to that existent prior to undertaking such construction, repairs and maintenance. -However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement C056259 Meridian Water Main Easement 2 Owners.doc Paid-_�or� • effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS )NHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: GRANTOR: AP -EAGLE VIEW, L.L.C., a Delaware Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member John ppmarffWle member GRANTOR: C. VON WOLFFRADT PROPERTIES I, L.L.C., a Delaware Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager MW By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member : Jo n" .appmjso a mem M er STATE OF IDAHO ss County of Ada On this. day of August, 2006, before me, the undersigned, a Notary Public in and for said State, person John A. Krappman, known or identified to me to be the Sole Member of PacWest Properties, L - hich is a Member of Afton Pacific, L.L.C., which is a Manager of A] - EAGLE VIEW, L.L.C., a ` Limited Liability Company, and the Sole Member of PacWest Properties, L.L.C., which is a e of Afton Pacific, L.L.C., which is a Manager of C. WOLFFRADT PROPERTIES I, L. elaware Limited Liability dompany, that executed the within instrument, and acknowledged to * such limited liability companies executed the same. IN WITNESS WHEREOF, I have hereunto set m and affixed my official seal the day and year first above written. (SEAL) M" NOTARY PUBLIC FOR Residing at Commission Expires: Water Main Easement C056259 I�, 'dian .m..`..� Water Main Easement 2 Owners.doc P �. 'i1 CH K ¢• State of Califomia County of ss. On re Dew WN, `s 2 , personally appeared FERNANDO J. PRECIADO *� Cow. # 1475144 � 1VOTARY PUBLIC - CALIFORNIA N > LOS ANGELES COUNtY My Comm. Expires Mar. 8, 2008 ARM —Jka 5 ved to me on the basis of satisfactory evidence to be the perso whose nam*) is subscribed to thee" within InstrqMent and acknowledged to me that he/ executed the same in his/hsr authorized capacity(iso, and that by his/her/theft signature on the Instrument the person(e), or the entity upon behalf of which the perso acted, executed the instrument. WITNE ,my hand and official seal. PM60 Net* Seal Above N ,V, OPTIONAL Though the Information below is not requlrV by law, R may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Title or Type of Document:. Document Date:,A1--�► f. Number of Pa ,=.- 11 r�r=,•e�r+'T '}.cF+�r4' 9 s Signers) Other Than Named Above: _ _ _ _ 2 Capacity(les) Claimed by Signer ig arae: ual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1896 NiBbiat'NeO ApocliYOn • BBBo t1tl SotuA P.O. ams 2102 • Procl..r . 5 F i7 �$ . CA et313�21Q2 • �,p� PmLL No. 5W RIGI-11 'i I IUM13PRINT OF SIC,NCR R ipQ#T8)r-"1-Bw4r66v 9 I. O Ll GRANTEE: CITY OF MERIDIAN a��a �S\��',``r�,i^!it►ftIJJJJJ'`f'j Tammy de Wee yor ` Q LA RRAL Approved By City Council STATE OF IDAHO, ) . ss. County of Ada ) On this Ll day of 5(1JW , 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) Residing At: YVU,ka Commission Expires; WNW 01 Water Main Easement C056259 Meridian Water Main Easement 2 Owners.doc KI • 1911:11A A Water Line Easement over, under and across a portion of Lot 11 "Amended Magic View Subdivision" according to the official plat thereof filed in Book 52 of Plats at Pages 4445 and 4446 official records of Ada County and situated in a portion of the SE1/4 of the NEI/4 Section 17, Township 3 North Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the SE comer of said SEI/4 of the NE1/4, thence along the East line of said SE1/4 of the NE1/4 N00°24'30"W a distance of 749.61 feet to a point, from which a brass cap monument marking the NE comer of said Section 17 bears N00°24'30"W a distance of 1903.41 feet, thence leaving said East line and along the centerline of E. Magic View Drive S89°37'02"W a distance of 186.24 feet to a point, thence leaving said centerline S00°22'58"E a distance of 30.00 feet to a point on the South right-of-way line of E. Magic View Drive and the POINT OF BEGINNING; Thence leaving said South right-of-way line S00128'41"E a distance of 43.15 feet to a point; Thence S45°28'41'T a distance of 19.71 feet to a point; Thence S00°28'40"E a distance of 78.73 feet to a point; Thence S89°37'02"W a distance of 14.00 feet to a point; Thence S00°22'58"E a distance of 3.50 feet to a point; Thence S89°37'02"W a distance of 10.00 feet to a point; Thence N00°22'58"W a distance of 3.50 feet to a point; Thence S89°37'02"W a distance of 66.44 feet to a point; Thence S00°28'41"E a distance of 24.44 feet to a point; Thence S44°31'1 9'V a distance of 9.86 feet to a point; Thence S00°28'41"W a distance of 13.68 feet to a point; Thence S89037'02"W a distance of 20.00 feet to a point; Thence N00028'41"E a distance of 22.07 feet to a paint; Thence N44°31'1 9"E a distance of 9.67 feet to a point; Thence N00°28'41"W a distance of 16.18 feet to a point; Thence S89137'02"W a distance of 71.00 feet to a point; Thence S00022'58"E a distance of 2.50 feet to a point; Thence S89037'02"W a distance of 10.00 feet to a point; Thence N00122'5 8V a distance of 2.50 feet to a point; Thence S89°37'02"W a distance of 15.47 feet to a point; Thence N0002258"W a distance of 59.56 feet to a point; Thence S89°33'55"W a distance of 21.85 feet to a point; Thence N00°26'05"W a distance of 20.00 feet to a point; Thence N89033'55E a distance of 21.87 feet to a point; Thence N00022'58 V a distance of 56.23 feet to a point on said South right-of-way line; Thence along said South right-of-way line N89037'02"E a distance of 20.00 feet to a point; C056259.01 Water Ling Easement 100306.doe Page 1 of 2 PaaefLA _ i 0 Thence leaving said South right-of-way line S00°22'58"E a distance of 59.08 feet to a point; Thence N89°37'02"E a distance of 5.00 feet to a point; Thence S00°22'58"E a distance of 20.00 feet to a point; Thence S89°37'02"W a distance of 5.00 feet to a point; Thence S00122'58"E a distance of 36.72 feet to a point; Thence N89°37'02"E a distance of 166.88 feet to a point; Thence N00028'41"W a distance of 50.42 feet to a point; Thence N45°28'41"W a distance on 9.72 feet to a point; Thence N00°28'41"W a distance of 51.47 feet to a point on said South right-of-way line; Thence along said South right-of-way line N89°37'02"E a distance of 20.00 feet to the POINT OF BEGINNING; Said easement contains 10,439 square feet or 0.24 acres more or less and is subject to any easements and or rights -of -ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. C056259.01 Water Line Easenent 100306.doe Page 2 of 2 1 Pa 0 -- • EXHIBIT "B" WATER LINE EASEMENT cn Is PORTION OF THE LOT 11 AMENDED MAGIC VIM SUBDIVISION z SITUATED IN THE SEI/4 OF THE NE1/4 OF SECTION 17, T3N, RIE. BOISE 7}IERIDLIN w CITY OF MERIDIAN, ADA[ COUNTY, IDAHO a 2006 �I E. MAGIC VIEW DR. N8W37'02"E 522.90' � N S89 -37'02'W 186.24' r S00'22'58 -E o N89'37'O2"E ; 30.00' � spa J 2 O_ �c2: 1" iz OR � 5 N89'37'02'E 20.00' 6�0 N U � d N d I Q'Wy o OGS N UWm CO gl" N w N � O %n I cn t$ W C'4 la NSW21.87' 21.87' B N895.00' "E 5.00' N00.26'05'W I 20.00• d-- �`- S0 ' 20.00 2a.00 S8W33'55"W 21.85' w S89'37'02"W R n 5.00' N I Nlfp /\ N4528-41 -W MI 00 b� SUBDIVISION ll� E. MAGIC VIEW DR. N8W37'02"E 522.90' � N S89 -37'02'W 186.24' r S00'22'58 -E o 5) S89'37'02"W 71.00' 8937'02"W 15.47' N00'28'.41'W— N00'22'S8 SOO'22'58'E 16.18' 2.50' S8lf37'02w2.50' N4131'19'E 10.00' 9.67' (fj18TE NOO'28'+1'EOL -- AYd O 22.07' I IFDRAWN BY. - 1.040. T89 -'37'62'W -6i -4#-r-' S89'37'02"W I 14.00' Noo 22'sew S00'22'S8'E �S�'28'41'E 3'50,589'37'02w 3.50' 244' 10.00' S;4 31' 19'W 9.86' Soo'28'4 "W LEGEND 13.68' S89'37'02"W FOUND BRASS CAP 20.00' OQ FOUND 5/8" REBAR 0 CALCULATED POINT l �- - - BOUNDARY UNE — SECTION LINE - — ROAD CENTER UNE EASEMENT LINE ........... TIE LINE CONGLOMERATE SUBDIVISION ZXHiurr -W, WAtYER R^wEmftwr N89'37'O2"E ; 30.00' 20.(W' ; ,p TI i;l- w �IiO d N d CO gl" C SEAM iI �sX 9,711'E 1sa1' LOT 11 AMENDED MAGIC VIEW /\ N4528-41 -W SUBDIVISION ll� 19.72- �I n � Go n W g NI N N Z p N89'37'02"E 166.88' ` 5) S89'37'02"W 71.00' 8937'02"W 15.47' N00'28'.41'W— N00'22'S8 SOO'22'58'E 16.18' 2.50' S8lf37'02w2.50' N4131'19'E 10.00' 9.67' (fj18TE NOO'28'+1'EOL -- AYd O 22.07' I IFDRAWN BY. - 1.040. T89 -'37'62'W -6i -4#-r-' S89'37'02"W I 14.00' Noo 22'sew S00'22'S8'E �S�'28'41'E 3'50,589'37'02w 3.50' 244' 10.00' S;4 31' 19'W 9.86' Soo'28'4 "W LEGEND 13.68' S89'37'02"W FOUND BRASS CAP 20.00' OQ FOUND 5/8" REBAR 0 CALCULATED POINT l �- - - BOUNDARY UNE — SECTION LINE - — ROAD CENTER UNE EASEMENT LINE ........... TIE LINE CONGLOMERATE SUBDIVISION ZXHiurr -W, WAtYER R^wEmftwr • Meridian City Council October 10, 2006 Page 4 of 40 D. Findings of Fact and Conclusions of Law for Approval: PP 06- 028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 06421 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development — 1187 East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of MoNllan Road and west of Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Silversp,rings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: W. H. Development Agreement: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L -O zone for Whitewater Subdivision fka Redfish Subdivision by Ben Miller — 4120 North Linder Road: I. Water Main Easement Agreement for Talus Medical Building by Talus Professional Plaza, LLC: Buildings by Primeland Investment Group, LLC: K. Public Works Budget Amendment for the Wastewater Treatment Plant Expansion: L. Change Order No. 2 for the Wastewater Treatment Plant Expansion Project: Water Main Easement Agreement for Conglomerate .— Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC: Meridian City Council October 10, 2006 Page 5 of 40 N. Sewer Main Easement agreement for Conalomerate Subdivision by AP -Eagle View and C. Von Wolffradt Properties I, LLC: De Weerd: Okay. Item No. 6 is our Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Mayor's Office 1. Resolution No. 06-537 Mayor's Youth Advisory Council Amendment to By -Laws: De Weerd: Under Department Reports, Item A-1, in front of you you have Resolution 06-537. Last night our youth council adopted them in their final form. They made several changes to them, just to clean up voting, officers, allowing open membership, so that everyone is welcome and are not excluded. And so this is just a clean up. As I mentioned, they adopted them last night in their official form. And so, Council, in front of you tonight I would appreciate if we could adopt them as well. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: With that I would move that we approve Resolution No. 06-537. 1:0 W -=-041 i Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File • City of Meridian Public Works Dept. Date: 10/5/2006 Re: Proposed Agenda Items for 10/17/06 City Council Meeting OCT 0 5 2000 Ciiy Of Meridian City Clerk ®face The Public Works Department respectfully requests that the following items be placed on the 10/17/06 City Council agenda, on the Consent Agenda, for Council's consideration: �1) Water Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC and authorize the Mayor to §ign and City Clerk to attest. 2) Sewer Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC. Typical Sewer Main Easement. Recommended Council Action: Approve the Sewer Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this � day of we- f0Clpbetween AP -EAGLE VIEW, L.L.C. and C. VON WOLFFRADT PROPERTIES I, L.L.C., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to ':be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, 'grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the -parties -hereto, that after - construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement C056259 Meridian Water Main Easement 2 Owners.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: GRANTOR: AP -EAGLE VIEW, L.L.C., a Delaware Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager /l By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member Bf: John A. Krappmanj iA sole member GRANTOR: C. VON WOLFFRADT PROPERTIES I, L.L.C., a Delaware Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member y:"JohnA.appm sole member STATE OF IDAHO) ) ss County of Ada ) On this day of August, 2006, before me, the undersigned, a Notary Public in and for said State, personall�!- aced John A. Krappman, known br identified to me to be the Sole Member of PacWest Propertis, L. . which is a Member of Afton Pacific, L.L.C., which is a Manager of -AP EAGLE fAPEAGLE VIEW, L.L.C., a De�are Limited Liability Company, and the Sole Member of PacWest Properties, L.L.C., which is a ber of Afton Pacific, L.L.C., which is a Manager of C. WOLFFRADT PROPERTIES I, L.L. ., a Delaware Limited Liability Company, that executed the within instrument, and acknowledged to me at such limited liability companies executed the same. IN WITNESS WHEREOF, I have hereunto set my hid and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR Residing at Commission Expires: Water Main Easement C056259 Meridian Water Main Easement 2 Owners.doc A.. ._-__.. _ vr%a_.rvnJNjj4 E4LiL-ruKVL1bL AGKNOWLEDWENT State of California County of � ss. On D�61. -2-,-L before me, nem r,.Z, l 7 �.. d Name and Title of Officer (e.g., -Jane Doe, Notary Rliplidj personally appeared t4r .e,— Names) of Signer(s) pnnnnnmtaimmimmmmmmmamnmmtmm iFERNANDO J. PRECIADO V4 COMM. # 1475144 N NOTARY PUBLIC - CALIFORNIA N > LOS ANGELES COUNTY 's My Comm. Expires Mar. 8, 2008 t�inumtmmmmummtmnmwwamnwummnnatmmuawmmwmwtmammmwl O P 0211I RQ_wla tri ma J� oved to me on the basis of satisfactory evidence to be the person(w) whose nameks) is/ape subscribed to- the within instrument and acknowledged to me that he/sWthey'executed the same in his/har/their authorized capacity(i*, and that by his/her/thel'I'' signature(o on the instrument the person(s), or the entity upon behalf of which the person{,) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above of Nota Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of'this form to another document. Description of Attached Document Title or Type of Document: LL>.._A c Document Date: l5cj – C)1-04 Number of Pase Signer(s) Other Than Named Above: 4— Capacity(des) Claimed by Signer Signer's Name: dividual • o ❑ Corporate Officer — Title(s): Top f thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01899 National Nouq Association • 9350 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationaUrotmy org Prod. No. 5907 Reorder: Call TOR -Free 1-900.979.88.27 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement C056259 Meridian Water Main Easement 2 Owners.doc 0114 : A Water Line Easement over, under and across a portion of Lot 11 "Amended Magic View Subdivision" according to the official plat thereof filed in Book 52 of Plats at Pages 4445 and 4446 official records of Ada County and situated in a portion of the SE1/4 of the NEI/4 Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the SE corner of said SE1/4 of the NEI/4, thence along the East line of said SE1/4 of the NEIA N00°24'30"W a distance of 749.61 feet to a point, from which a brass cap monument marking the NE corner of said Section 17 bears N00°24'30"W a distance of 1903.41 feet, thence leaving said East line and along the centerline of E. Magic View Drive S89°37'02"W a distance of 186.24 feet to a point, thence leaving said centerline S00°22'58"E a distance of 30.00 feet to a point on the South right-of-way line of E. Magic View Drive and the POINT OF BEGINNING; Thence leaving said South right-of-way line S00°28'41"E a distance of 43.15 feet to a point; Thence S45°28'41"E a distance of 19.71 feet to a point; Thence S00°28'40"E a distance of 78.73 feet to a point; Thence S89°37'02"W a distance of 14.00 feet to a point; Thence S00°22'58"E a distance of 3.50 feet to a point; Thence S89°37'02"W a distance of 10.00 feet to a point; Thence N00°22'58"W a distance of 3.50 feet to a point; Thence S89°37'02"W a distance of 66.44 feet to a point; Thence S00°28'41"E a distance of 24.44 feet to a point; Thence S44°31'1 9"W a distance of 9.86 feet to a point; Thence S00°28'41"W a distance of 13.68 feet to a point; Thence S89°37'02"W a distance of 20.00 feet to a point; Thence N00°28'41"E a distance of 22.07 feet to a point; Thence N44°3V1 9"E a distance of 9.67 feet to a point; Thence N00°28'41"W a distance of 16.18 feet to a point; Thence S89°37'02"W a distance of 71.00 feet to a point; Thence S00°22'58"E a distance of 2.50 feet to a point;, Thence S89°37'02"W a distance of 10.00 feet to a point; Thence N00°22'58"W a distance of 2.50 feet to a point; Thence S89°37'02"W a distance of 15.47 feet to a point; Thence N00°22'58"W a distance of 59.56 feet to a point; Thence S89°33'55"W a distance of 21.85 feet to a point; Thence N00°26'05"W a distance of 20.00 feet to a point; Thence N89°33'55"E a distance of 21.87 feet to a point; Thence N00°22'58"W a distance of 56.23 feet to a point on said South right-of-way line; Thence along said South right-of-way line N89°37'02'T a distance of 20.00 feet to a point; C056259.01 Water Line Easement 100306.doc Page 1 of 2 Thence leaving said South right-of-way line S00°22'58"E a distance of 59.08 feet to a point; Thence N89°37'02"E a distance of 5.00 feet to a point; Thence S00°22'58"E a distance of 20.00 feet to a point; Thence S89°37'02"W a distance of 5.00 feet to a point; Thence S00°22'58"E a distance of 36.72 feet to a point; Thence N89°37'02"E a distance of 166.88 feet to a point; Thence N00°28'41"W a distance of 50.42 feet to a point; Thence N45°28'41"W a distance of 19.72 feet to a point; Thence N00°28'41"W a distance of 51.47 feet to a point on said South right-of-way line; Thence along said South right-of-way line N89037'02"E a distance of 20.00 feet to the POINT OF BEGINNING; Said easement contains 10,439 square feet or 0.24 acres more or less and is subject to any easements and or rights -of -ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. 0056259.01 Water Line Easement 100306.doc Page 2 of 2 EXHIBIT "B" M, WATER LINE EASEMENT A PORTION OF THE LOT it AMENDED MAGIC VIEW SUBDIVISION Z SITUATED IN THE SE1/4 OF THE NEI/4 OF SECTION 17, T3N, RIE, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO aI 2006 --14oz I �5 1 O C�wVi on zduj m v�) I N89'37'02"E S -20.00' co C11 U U W J ZO Ui O p S M N U Z O N O N Ennittn to � (n I Co 00 I w C O "' N N N O N8 21.87' 21.87' Np rn N89'37'02"E N 5.00' O !� S00'22'58"E N00'26'05"W 20.00'20.00' S89'33'55"W� w S89'37'02W 21.85' 0 iv 5.00' LoLo N n N t0 3 o n In N tn� El/ N _ O O 54 "E Z� 19.719,71 ' E. MAGIC VIEW DR. N89'37'02"E 522.90' LOT 11 AMENDED MAGIC VIEW SUBDIVISION N89'37'02"E 166.88' S89'37'02"W 15.47' S8937'02'W 71.00'N00'28'41"W— N00'22'58"W S00'22'58"E 16.18' 2.50' S037'02'W250' N44'31.19"E �YQ 10.00' 9.67' ST � N00'28'41"E-y Q 22.07' tj OS-O6 BY: 40' 8 9 17 16 0 O N � O Lo _ M --S89'37'02"W 186.24' w 3 SOO.22.58"E o N89'37'02"E 30.00' 20.00' N O T W f0 Do pq p N O I rn El/ Z 17 54 "E 19.719,71 ' N45'28'41 'W 19.72' T o I '0 m 00 Im a w Go NI < N O N z o —01 S89'37'02"W 66.44' S89'37'02"W 14.00' N00'22'58"W S00'22'58"E 500 28'41 "E 3.50' S89'37'02"W 3.50' 24.44' 10.00' S44 31'19'W 9.86' 00'28'41 'W LEGEND 13.68' S89'37'02"W FOUND BRASS CAP 20.00' QO FOUND 5/8" REBAR O CALCULATED POINT - - — BOUNDARY UNE — SECTION LINE — - — ROAD CENTER LINE EASEMENT LINE ......•••••• TIE LINE CONGLOMERATE SUBDIVISION Y1NNACLE EXHIBIT "B" WATER EASEMENT Engineers, Inc. 12052 r. FasavOw M. -. B, Bok,. kNq PAC WEST PROPERTIES 03m (200) W -7M U October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT ITEM NO. REQUEST Sewer Main Easement Agreement for Conglomerate Subdivision by AP - Eagle View and C Von Wolffradt Properties I, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftched 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 pubk mee*W Shag becmw property of the City of Me*kft • ADA Cou rY RECORDAVID MVARRO lQ@IOUNT .00 f BOISE IDAHO 1001II/ x311 1 'F DEMY *N ANen RECORDED -REQUEST OF III II I�II�I'�"�IIIIIII'I'll'I�I'll City of Wdien 106165919 SEWER MAIN EASXMENT hI.R. THIS INDENTURE, made this" day ofd 2006 between AP -EAGLE VIEW, L.L.C. and C. VON WOLFFRADT PROPERTIES I, L.L.C., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sewer main right-of-way across the premises and property hereinafter particularly bounded and described. and W. WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do herebygide, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a sewer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the.purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ightof- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such bounr- thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement C056259 Meridian Sewer Main Easement 2 Owners.doc s, effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever 1 defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR - AP -EAGLE VIEW, L.L.C., a Delaware Limited Liability Company AAfton Pacific L.L.C., a Delaware Limited Liability Company, its manager lly: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member 0 GRANTOR: C. VON WOLFFRADT PROPERTIES I, L.L.C., a Delaware ;Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member STATE OF IDAHO) ss County of Ada ) On tl day of August, 2006, before me, the undersigned, a Notary Public in and for said State, perso peared John A. Krappman, known or identified to me to be the Sole Member of PacWest Properth , which is a Member of Afton Pacific, L.L.C., which is a Manager of AP - EAGLE VIEW, L.L. laware Limited Liabilityi, Company, and the Sole Member of PacWest Properties, L.L.C., whic &nber of Afton Pacific, L.L.C., which is a Manager of C. WOLFFRADT PROPERTIES , a Delaware Limited Liability Company, that executed the within instrument, and acknowledg that such limited liability companies executed the same. IN WITNESS WHEREOF, I have hereunto first above written. (SEAL) Residing at and affixed my official seal the day and year ., Water Main Easement C056259 Mezi' !r Sewer Main Easement 2 Owners.doc Y {l. State of California County of e4 G i. 0 01 MENT On Kt :-*W6, before me,.. c Date Tffle 01 U rim Doe, Newt' I personally appeared. �.._...... _ �-- FERNANDO J. PRECIADO k COMM. # 1475144 'NOTARY PUBLIC -CALIFORNIA N > ; LOS ANGELES COUNTY F • • , =My Comm.• Expires Mr. 8, 2008 Ovedto me onth basis of satisfactory idence to be the person(s) whose na istan. subscribed to the within inst,. ent and acknowledged to me that he/sem :.. xecuted the same in hislhwhheir authorized capacity ), and that by hisAMer/t signatures on the instrument the perso, or the entity"upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. MOM Piece Nab" SoM Above NMI OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached DocunWt Title or Type of Document:. Document Date: 1-36 Number of Pages l— �, Signer(s) Other Than Named Above: ►-� o� Capacity(les) Claimed by Signer Sign am@' (dual Co Top of thumb here rporate Officen�Title(8): ti. ,�• ' ` , Partner — Q.0mited ElGenerai Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing: OrfVi RN fEpt4y A •8380 De 8e1dAw� P 402 • Cte Mrartl6 G181313 - � i.� + M PraQ No. 8807 011 91;0WTi EFrp 1-400476'•1} V res a GRANTEE: CITY OF MERIDIAN r Approved By City Council STATE OF IDAHO, ) : ss. County of Ada ) \\ Of • On thin. d 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) Water Main Easement :« Viewer Main Easement 2 Owners.doc 4 C056259 Meridian L , _;,w ) n 1:0.14 16P I 0.3 1 A Sewer Main Easement over, under and across a portion of Lot 11 "Amended Magic View Subdivision" according to the official plat thereof filed in Book 52 of Plats at Pages 4445 and 4446 official records of Ada County and situated in a portion of the SEI/4 of the NE1/4 Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the SE comer of said SE1/4 of the NEIA, thence along the East line of said SEI/4 of the NEIA N00°24'30"W a distance of 749.61 feet to a point, from which a brass cap monument marking the NE corner of said Section 17 bears N00°24'30"W a distance of 1903.4 feet, thence leaving said East line and along the centerline of E. Magic View Drive S89037'02"W a distance of 390.47 feet to a point, thence leaving said centerline S00°22'58"E a distance of 30.00 feet to a point on the South right-of-way line of E. Magic View Drive and the POINT OF BEGINNING; Thence leaving said South right-of-way line S00°11'05"E a distance of 47.00 feet to a point; Thence S89°37'02"W a distance of 20.00 feet to a point; Thence N00° 11'05"W a distance of 47.00 feet to a point on said South right-of-way line; Thence along said South right-of-way line N89°37'02"E a distance of 20.00 feet to the POINT OF BEGINNING; Said easement contains 940 square feet or 0.02 acres and is subject to all existing easements and or rights -of -ways of record or implied. Attached hereto is `Exhibit B" and by this reference is made a part hereof. OR C056259 SEWER MAIN EASEMENT 082106 gdm 0 0 EXHIBIT "B" SEWER MAIN EASEMENT s rik 9 A PORTION OF THE LOT 11 AMENDED rMAGIC VIft' SUBDIVISION 4411 - SITUATED IN THE SEI/4 OF THE NEI/4 OF SEDITION 17, T3N RIE, BOISE MERIDIAN 17 16 CITY OF MERIDIAN, ADA COUNTY, IDAHO 2006 - z NO NW COR LOT 11 AMENDED MAGIC VIEW SUBDIVISION �% N89'37'02"E 318.66' d' 0 .-- N E. MAGIC VIEW DR.Ki LO 0 589'37'02"W 390.47' I CIS! ;orn w O 00 N : IN N89'37'02"E b _ o 20.00' : 0 IV - , Z I I I Qi I o z of I I I 0 zi I N w N N O O N I I SW COR LOT 12 AMENDED MAGIC VIEW I SUBDIVISION S89'37'02"W 20.00' LOT 11 AMENDED MAGIC VIEW SUBDIVISION,a E. GENTRY WAY I LEGEND FOUND BRASS CAP E1 /4 SECTION 17 OQ FOUND 5/8' REBAR ❑ CALCULATED POINT — SECTION UNE CHECKED SY. BOUNDARY UNE KNS - ROAD CENTER LINE 1lfE EASEMENT UNE )-2 07-07-06 ......... ROMBY. TIE LINE P"` CONGLOMERATE SUBDIVISION PINNACLE ALE: Ent nestle, Inc. '.�20. XH�BIT ••�••Q'A�S MENT fmit�W �.4fi.W. Wn $AQ WET P'A!O$�1T1�� t"tp_7W sur A Meridian City Council October 10, 2006 Page 5 of 40 WS IFSewerMain Easement aareement for Conalomerate Subdivision by AP -Eagle View and C. Von Wolffradt Properties I, LLC: De Weerd: Okay. Item No. 6 is our Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Mayor's Office 1. Resolution No. 06-547 Mayor's Youth Advisory Council Amendment to By -Laws: De Weerd: Under Department Reports, Item A-1, in front of you you have Resolution 06-537. Last night our youth council adopted them in their final form. They made several changes to them, just to clean up voting, officers, allowing open membership, so that everyone is welcome and are not excluded. And so this is just a clean up. As I mentioned, they adopted them last night in their official form. And so, Council, in front of you tonight I would appreciate if we could adopt them as well. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: With that I would move that we approve Resolution No. 06-537. Bird: Second. n U Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File n U City of Meridian Public Works Dept. Date: 10/5/2006 Re: Proposed Agenda Items for 10/17/06 City Council Meeting City Of Meridian. City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10/17/06 City Council agenda, on the Consent Agendas for Council's consideration: 1) Water Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I. LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I, LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sewer Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties I. LLC. Typical Sewer Main Easement. Recommended Council Action: Approve the Sewer Main Easement for Conglomerate Subdivision by AP -Eagle View and C Von Wolffradt Properties 1, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • SEWER MAIN EASEMENT • atm mbW- THIS INDENTURE, made this '* day ofd 2006 between AP -EAGLE VIEW, L.L.C. and C. VON WOLFFRADT PROPERTIES I, L.L.C., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a sewer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,'by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement. and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within'the area described in this easement that was placed there in violation of this easement. _ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement C056259 Meridian Sewer Main Easement 2 Owners.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: AP -EAGLE VIEW, L.L.C., a Delaware Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member B ohn A. Krappman, //Ole member GRANTOR: C. VON WOLFFRADT PROPERTIES I, L.L.C., a Delaware Limited Liability Company By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member %-� , d -, 4��— B . John A. Krappman, its 1 member STATE OF IDAHO ) ) ss County of Ada ) On this day of August, 2006, before me, the undersigned, a Notary Public in and for said State, person appeared John A. Krappman, known or identified to me to be the Sole Member of PacWest Properties, L.C., which is a Member of Afton Pacific, L.L.C., which is a Manager of AP - EAGLE VIEW, L.L.C., elaware Limited Liability Company, and the Sole Member of PacWest Properties, L.L.C., which i Member of Afton Pacific, L.L.C., which is a Manager of C. WOLFFRADT PROPERTIES I, C., a Delaware Limited Liability Company, that executed the within instrument, and acknowledged e that such limited liability companies executed the same. IN WITNESS WHEREOF, I have hereunto seamy hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC I Residing at Commission Expires: Water Main Easement C056259 Meridian Sewer Main Easement 2 Owners.doc 0 A i ■ ■■■ww.■■ . • �+�+�■rvrr,tn.M wLA.-rursrv,t AGRNOWLEDGMENT HF. Y^MY.•MM�.n.-.nom.-„n �v..=wo._. _... _.� _. � ._ _ _ _ - _ - _ - State of California County of ids $S. IJ On 'cSl - 111ye, before me, .►. o h'Ccca;,cao�ca �Kw Date Name and Tale of Officer (e.g., 'Jane Doe, Notary Pub 7 ' o personally appeared FERNANDO J. PREC AI D0 COMM, # 1475144 NOTARY PUBLIC - CALIFORNIA N LOS ANGELES COUNTY MY Comm. Expires Mar. 8, 2008 s UIUU WUIIUfUpUU1U1U111U11UUUIUU W UUUUIUf1UlU111U11UlUIIIUIIIIUUUUH Place Notary Seal Above ❑ mp r� roved to me on the basis of satisfactory evidence to be the person( whose name) Woe subscribed to the within instrument and acknowledged to me that he/sbea'thtry executed the same in his/la--r/their authorized capacity(iss), and that by his/her/thsir signaturef's.) on the instrument the personj, or the entity upon behalf of which the person(f) acted, executed the 'instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _ Title or Type of Document: Document Date: ,Number of Pages. Signer(s) Other Than Named Above: I-- Capacity(ies) Claimed by Signer Signer's Name: -J J t Iividual ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 9 lase Natlonel NotaryAssociatlon • 8350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 81313.2402 • www.naticnalrtotary erg Prod. No. 5907 Reorder. Cell Toll -Free 1.60o� 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ss. County of Ada • On this day of 1 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement C056259 Meridian Sewer Main Easement 2 Owners.doc EXHIBIT "A" A Sewer Main Easement over, under and across a portion of Lot 11 "Amended Magic View Subdivision" according to the official plat thereof filed in Book 52 of Plats at Pages 4445 and 4446 official records of Ada County and situated in a portion of the SETA of the NE1/4 Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the SE comer of said SE1/4 of the NEIA, thence along the East line of said SEI/4 of the 1NE1/4 N00024'30"W a distance of 749.61 feet to a point, from which a brass cap monument marking the NE comer of said Section 17 bears N00024'30"W a distance of 1903.41 feet, thence leaving said East line and along the centerline of E. Magic View Drive S89°37'02"W a distance of 390.47 feet to a point, thence leaving said centerline S00°22'58"E a distance of 30.00 feet to a point on the South right-of-way line of E. Magic View Drive and the POINT OF BEGINNING; Thence leaving said South right-of-way line S00'1 1'05'T- a distance of 47.00 feet to a point; Thence S89°37'02"W a distance of 20.00 feet to a point; Thence N00'1 1'05"W a distance of 47.00 feet to a point on said South right-of-way line; Thence along said South right-of-way line N89°37'02"E a distance of 20.00 feet to the POINT OF BEGINNING; Said easement contains 940 square feet or 0.02 acres and is subject to all existing easements and or rights -of -ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. OL catSr F 3 ocor.-o k0F oA� P1. � C056259 SEWER MAIN EASEMENT 082106 gdm EXHIBIT "B" SEWER MAIN EASEMENT 8 9 A PORTION OF THE LOT 11 AMENDED GIC VIEW SUBDIVISION SITUATED IN THE SEI/4 OF THE NEi/4 OF SEC ON 17, T3N RIE, BOISE MERIDIAN 17 16 CITY OF MERIDIAN, ADA CO , IDAHO 2006 - NO O i NW COR LOT 11 0)AMENDED MAGIC VIEW N SUBDIVISION �q E. MAGIC VIEW DR: r -i N89'37'02"E 318.66' : 0 S89'37'02" 390.47' N SW COR LOT 12 AMENDED MAGIC VIEW SUBDIVISION o� o z I 0 �—S89.37'02"W 20.00' LOT 11 AMENDED MAGIC VIEW SUBDIVISION . E1 /4 SECTION 17 - _--------------- % E. GENTRY WAY o- - - - - - - LEGEND O FOUND BRASS CAP •o .M � w o ❑ CALCULATED POINT — — SECTION LINE N N N89'37'02"E 0 00 20.00' o z — ROAD CENTER LINE DATE_ EASEMENT LINE -I 0 � I 0 """""••TIE LINE Io I� ONGLOMERATE SUBDIVISION o� o z I 0 �—S89.37'02"W 20.00' LOT 11 AMENDED MAGIC VIEW SUBDIVISION . E1 /4 SECTION 17 - _--------------- % E. GENTRY WAY o- - - - - - - LEGEND PINNACLE Engineers, Inc. 12333 K Fa,cv 8r-*BWI, 6. Solm baho 33713 (2') 887-]7W FOUND BRASS CAP OO FOUND 5/8" REBAR ❑ CALCULATED POINT — — SECTION LINE ;SHEET CHECKED BY: — — — — BOUNDARY UNE KNS — ROAD CENTER LINE DATE_ EASEMENT LINE ESMT-2 B O6BY:PAK """""••TIE LINE 7DRAWN ONGLOMERATE SUBDIVISION . EXHIBIT "B" SEw R EASEMENT NO. C056259 PAC WEST PRb PERTIES PINNACLE Engineers, Inc. 12333 K Fa,cv 8r-*BWI, 6. Solm baho 33713 (2') 887-]7W • • October 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Mayor's Office ITEM NO. 7— REQUEST Resolution — Mayor's Youth Advisory CouncilAmendment to By -Laws 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 altached 200S reso with Bylaws See attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall beco ne property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. e16 5-3 7 BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION ADOPTING AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Mayor's Youth Advisory Council of the City of Meridian and it's By -Laws were established and adopted on February 15, 2005; and WHEREAS, the youth of the City of Meridian constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS, the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; and WHEREAS, on September 27, 2006, the Mayor's Youth Advisory Council prepared and adopted Amended By -Laws, as attached Exhibit "A", to provide organization of the Mayor's Youth Advisory Council, its actions and agenda; and WHEREAS, on October 10, 2006, the City Council of the City of Meridian, upon the recommendation of the Mayor's Youth Council, approved adoption of said Amended By -Laws of the Mayor's Youth Advisory Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has adopted the Amended By -Laws of the Mayor's Youth Advisory Council attached as exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION ADOPTING THE AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho this /0` day of 6 er , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this /0 day of epG� 1.1w , 2006. APPROVED: de WEERD ATTEST: e � - ILLIAM G. BERG, JR., CIY E &L _= �A STATE OF IDAHO ) County of Ada, ) On this _�" day of U' C+0 bk&-) , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) on Notary Public for Idaho Residing at: ) JR My Commission Expires: to -- /S— I I RESOLUTION ADOPTING THE AMENDED BY-LAWS' OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 2 of 2 • MAYOR'S YOUTH COUNCIL OF THE CITY OF MERIDIAN, IDAHO BY-LAWS WHEREAS the youth of the City of Meridian, Idaho (hereinafter "the City") constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS the Mayor of the City of Meridian (hereinafter "the Mayor") desires and seeks input from the youth into the affairs and issue of the City through a Mayor's Youth Advisory Council; and WHEREAS the students of Meridian area high schools are willing to devote their time and energy into improving the !City and the community and to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth • Advisory Council; NOW THEREFORE, the Mayor and the City Council of the City of Meridian hereby establish the Mayor's Youth Advisory Council and adopt the following By -Laws. ARTICLE I. INTENT The intent in preparing and adopting these By -Laws is to provide a framework for organization of the Mayor's Youth Advisory Council, its actions and agenda. It is not the intent of the City, or the officers and members hereinafter described to create a legal entity of any sort including without limitation, a corporation, non- profit corporation, limited liability company, partnership nor any other business or quasi -public entity. ARTICLE 11. OFFICES • The principal location of the Mayor's Youth Advisory Council shall be at the Office of the Mayor, 33 E. Idaho, Meridian, Idaho 83642. The Mayor's Youth BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 1 of 8 • Advisory Council may have such other offices as the Executive Committee may designate or as the business of the Mayor's Youth Advisory Council may require from time to time. ARTICLE III. MEMBERSHIP AND MEETINGS Section 1. Monthly Meeting. The Mayor's Youth Advisory Council shall hold eighteen (18) meetings during the school year, two (2) in each of the months between September and May of the school year. The meetings shall be held the 2nd Monday and the fourth Wednesday at 7 p.m. unless otherwise noticed. Section 2. Special Meetings. Special meetings of the members, for any purpose or purposes, may be called by the Executive Committees. Section 3. Place of Meeting. The Executive Committee may designate any • place as the place of meeting called by the Executive Committee. If no designation is made, or if a special meeting be otherwise called, the place of meeting shall be the principal location of the Mayor's Youth Advisory Council. Section 4. Notice of Meeting. Written notice stating the place, day and hour of the meeting and, shall, unless otherwise prescribed by statute, be delivered not less than forty-eight (48) hours nor more than thirty (30) days before the date of the meeting, either personally, by e-mail, or by regular mail, by or at the direction of the chairperson, or the secretary, to each member of record entitled to vote at such meeting. The notice of a regular or special meeting of the Mayor's Youth Advisory Council shall specify the purpose of the meeting, including amendment to these By -Laws, or business to be transacted at such meeting and the agenda to be considered. Section 5. Quorum. At least nine members shall constitute a quorum at a meeting of the members. There must be a minimum of at least three students BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 2 of 8 0 from both Meridian and Mountain View High Schools, and a total of three students from a minimum of two additional high schools (charter, alternative, or private). If a quorum is present at the time the agenda has been approved and attendance of the members has been taken, a majority of the members comprising the quorum is required for the Mayor's Youth Advisory Council to take action upon any time set forth in the approved agenda. Should the votes be evenly split, the Mayor shall cast a deciding vote. If a quorum is lost after the meeting has been called to order and attendance taken, members present may continue to transact business until adjournment. Section 6. Membership. Membership on the Mayor's Youth Advisory Council is open to all students with a strong interest to be involved in the future of the City of Meridian. Representation and involvement is encouraged from the following high schools (Mountain View High School, Meridian Academy, Central Academy High School, Meridian Technical Charter High School, Cole Valley Christian High School, Meridian Medical Arts Charter High School, and Meridian High School). Section 7. Voting. Voting shall consist of all members present once a quorum has been determined. Members are asked to serve on a minimum of one MYAC committee, city committee or project as assigned. It is important that they miss no more than two of these meetings during the year to assure the youth has proper representation and a voice at these meetings. ARTICLE IV. EXECUTIVE COMMITTEE Section 1. General Powers and Duties. The business and affairs of the Mayor's Youth Advisory Council shall be managed by the Executive Committee. The Executive Committee shall be responsible for planning the agenda for the school • year and for each of the monthly meetings of the Mayor's Youth Advisory Council BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 3 of 8 • along with the Mayor, setting and proposing potential subcommittees, and discharging any other responsibilities assigned by the Executive Committee or determined by majority vote of a quorum of the members of the Mayor's Youth Advisory Council. Section 2. Officers: Number, Tenure and Qualifications. There shall be five (5) members among the Mayor's Youth Advisory Council who serve as officers on the Executive Committee. Officers shall be elected by secret ballot at the last meeting of the school year. The term of office for each officer shall begin thereafter serving through the next year. A minimum of two (2) schools shall be represented on the Executive Committee. The Executive Committee shall consist of a chairperson, a vice -chairperson, secretary, treasurer, and historian. Section 3. Regular Meetings. A regular meeting of the Executive Committee may be held without notice other than this bylaw, during or immediately following, and at the same place as each of the eighteen (18) monthly meetings of the members. The Executive Committee shall provide, by resolution, the time and place for holding one (1) additional regular meeting during the months of June, July or August immediately following the school;, without notice other than such resolution. Additional regular meetings shall be held at the principal office of the Mayor's Youth Advisory Council in the absence of any designation in the resolution. Section 4. Special Meetings. Special meetings of the Executive Committee may be called by or at the request of the chairperson or other officer, and shall be held at the principal office at the Mayor's Youth Advisory Council or at such other place as the Executive Committee may determine. Section 5. Notice. Notice of any additional or special meeting of the Executive Committee shall be given as outlined about in Article III, Section 4 of these by - BY -LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 4 of 8 n • laws. The notice shall specify the purpose, agenda, or business to be transacted, at the meeting. Section 6. Quorum. A majority of the number of officers fixed by these By -Laws (i.e.: three) shall constitute a quorum for the transaction of business at any meeting of the Executive Committee, but if less than such majority is present, the attending executives may adjourn the meeting. Section 7. Election and Term of Office. The officers shall be elected annually by the members at the last meeting of the school year. Each officer shall hold office until resignation or termination in the manner herein provided. Section 8. Vacancies. Any vacancy occurring on the Executive Committee because of resignation, removal, disqualification or otherwise shall be filled by . secret ballot of a majority of the remaining members of the Mayor's Youth Advisory Council. An officer so elected to fill a vacancy shall serve the unexpired term of the predecessor in office. Section 9. Powers and Duties. The powers and duties of the officers shall be as provided from time to time by resolution or directives of the members. The chairperson shall preside over and conduct all meetings of the Mayor's Youth Advisory Council and of the Executive Committee, determining agendas for the monthly meetings of the Mayor's Youth Advisory Council and the Executive Committee, act as spokesperson for the Mayor's Youth Advisory Council, act as signatory on all documents for which the Mayor's Youth Advisory Council provides authorization to sign, delegate authority to any officer or member of the Mayor's Youth Advisory Council if circumstances so warrant, and act upon any other matters and in the manner authorized by the Mayor's Youth Council. BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 5 of 8 • The vice -chairperson shall act in the place of the chairperson upon the chairperson's absence or inability to act as authorized herein, and take action as delegated by the chairperson. The administrative assistant shall prepare the minutes of each meeting of the Mayor's Youth Advisory Council and Executive Committee prior to the next monthly meeting, prepare and mail the notices of each meeting and prepare and enclose the agendas for each meeting with the notice of such meetings. The treasurer shall be responsible for all financial matters of the MYAC including the budget, financial reports, vouchers, and the books or ledgers. The historian shall act as the record keeper of all activities of the MYAC, keep • archives, and deal with media relations as chair of the standing Mayor's Public Relations Committee of the MYAC. • A member of the Executive Committee who fails or refuses to fulfill the duties associated with his/her position may be removed from the Executive Committee by a two-thirds (2/3) majority vote of the voting members of the Youth Advisory Council. Section 10. Agendas. Any member of the Mayor's Youth Advisory Council may submit a request for placement of any item on the agenda to any member of the Executive Committee for consideration at the next monthly meeting. Such request shall be placed on the agenda at the discretion of the chairperson and, if placed upon the agenda, shall be considered at', a monthly meeting determined by the Executive Committee, provided adequate and sufficient notice of the item for consideration has been given as set forth herein. BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 6 of 8 n I� 0 0 ARTICLE V. SUBCOMMITTEES Section 1. Standing Committees. The following subcommittees shall be standing committees, and their term shall be perpetual: the Executive Committee and the Mayor's Public Relations Committee of the Mayor's Youth Advisory Council. Section 2. Ad Hoc Committees. Any other subcommittees the Mayor's Youth Advisory Council determines are necessary shall be created for a limited term of the remainder of the school year and shall continue during such school year at the discretion of the Mayor's Youth Advisory Council. Such subcommittees shall be created by a majority vote of a quorum of members at any of the monthly meetings of the members. ARTICLE VI. AMENDMENTS . These By -Laws may be altered, amended, or repealed, and new By -Laws may be adopted by the Mayor's Youth Executive Council with prior written notice to the members as provided herein; provided, however, that such alternations, amendments or repeals first be authorized by a two-thirds (2/3) vote of all members of the Mayor's Youth Advisory Council, and provided further that a vote by proxy shall not be permitted. ARTICLE VII. ADOPTION AND EFFECTIVE DATE The foregoing By -Laws were regularly adopted at the meeting of the Mayor's Youth Advisory Council, and thereafter ratified and adopted by resolution at the meeting of the City Council of the City of Meridian and shall be effective thereafter. Adopted by the Mayor's Youth Advisory Council on I day of _n c, 6 / , 2006. BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMENDED 10-06 Page 7 of 8 Q 0 4) 2006-07 members of the Meridian Mayor's Youth Advisory Council: Approved and Adopted by the City Council of the City of Meridian on 0 day Of OcJ2 , 2006 by Resolution No. 0(o-5,39 BY-LAWS — MAYOR'S YOUTH ADVISORY COUNCIL AMIENDED 10-06 Page 8 of 8 0 A October 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Mayor's Office ITEM NO. 7-9 ® a REQUEST Appointment to the Meridian Development (Corporation 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: p¢v Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become properly of fhe My of Medan. E September 8, 2006 Honorable Tammy de Weerd Mayor, City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Dear Mayor de Weerd: Please accept this application for appointment as a member of the Meridian Development Corporation board of commissioners. I have attached a brief resume outlining my experience and education. As a ten-year resident of Meridian, I am aware of the challenges the city has faced as the result of its rapid growth. The pressures on traffic, schools, public services, and downtown development have created continued challenges for the city's leadership, residents, and merchants. As the chief financial officer of Oppenheimer Companies, Inc. — a developer, owner, and manager of commercial real estate in the Boise area— I have had the opportunity to also understand these challenges from a business perspective. Should I be appointed, I would hope to use this experience in my contribution to the board. Since moving to Meridian in 1996, my public service has included involvement with the United Way and service as a member of the board of directors of the Idaho Botanical Gardens. My objective in applying for this position is the opportunity to make a contribution to our city. The MDC's mission of driving development and renewal in Downtown Meridian is vital to our city's future and I would welcome the opportunity to contribute to those efforts. Thank you for your consideration and I hope to discuss this important appointment with you at your convenience. My daytime telephone number is 343-4883. Sincerely, Larry Llpschultz 3332 N. SUMMERFIELD WAY MERIDIAN, IDAHO • 83646 PHONE: 208.884.4597 FAX: 208.287.1204 Lawrence David Upschultz 3332 N. Summerfield Way, Meridian, ID 83646 Home Tel.: 208.884.4597 Office TeL 208.343.4883 E -Mail- laW lipschultz@gRRcos.com Summary Over 30 years of financial management experience with a focus on food manufacturing and commercial real estate. Development of technology plans, including business intelligence, intemet, and mobile communications. Areas of Expertise • Acquisition of manufacturing f nlities • Negotiation and structure of real estate, equipment, and working capital financing • Development and implementation of internal audit plans • Identification and implementation of applied technologies • Development of effective cash management and investment plans • Development of management reporting systems Oppenheimer Companies Inc., Fort Fairfield, Maine and Boise, Experience Idaho 1990 -Present Vice President, Finance and Information Technology ? Chief Financial Officer and member of the Board of Directors for a diverse national corporation with divisions and subsidiaries in food manufacturing, commercial real estate, foodservice marketing, and logistics. Unilever, NA, Clncago,111inois and Rochester, Minnesota. 19741990 Manager, Accounting Systems a Accounting Manager for a division of an international manufacturer of consumer food products. Education Concordia College of St. Paul Bachelor of Arts degree in Business Administration El October 6, 2006 E Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Mayor's Office ITEM NO. REQUEST Appointment to the Parks and Recreation Commission 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 IN/ COT JAf M", Contacted: Date: Phone. Emailed: Staff Initials: Mato*& presented at pub8c meeMip shag become properly of fhe My of Meridian. 0 Shelley M. Bartlett 1676 S. Gibson Way Meridian, ID 83642 208 288-5462 2 July 2006 Shelly Houston Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 Re: Parks and Recreation Volunteer Commission Dear Shelly: I would like to volunteer my time and experience 0 While my last 10 -year history does not show my experience in dealing with city issues, planning and funding, please be assured that 1 have had experience with all of these topics. Please advise a time that I may meet with Tammy to discuss this appointment. It was good to meet you at the coffeehouse last month. It is always good when one can put a face with a name. Thank you for all of your efforts. Sincerely, Shelley Bartlett Shblley M. Bartlett 1676 South Gibson Way Meridian, Idaho 83642 (208) 288-5462 CAREER HISTORY RETIRED 611099 Medical - Cancer 0 STATE OF CALIFORNIA License Pro -gram Analyst — Child Day Care Facilities Dept. of Social Services Conduct on-site inspections to licensed facilities to determine Community Care Licensing compliance with state! regulations. Analyze applicant's fiscal, 3737 Main Street, suite 700 administrative, staffing, building and child code requirements. Riverside, CA 92502 Issue civil penalties for uncorrected deficiencies. Conduct 09-92 to 6!1199 group orientations anis provide licensing information to the public. Prepare documents and testify at hearings when needed. EDUCATION California College for Health Science, CA 1993-1994 Cerritos College, Norwalk, CA 1983-1986 Southern Utah University, Cedar City, UT 1971-1972 Western College of Technical Assistants, Van Nuys, CA 1971 Los Angeles Valley College, Van Nuys, CA 1970-1971 Brigham Young University, Laie, HI 1969 DEGREE Associate in Arts - Business 1986 CERTIFICATES 1997-1999 State of California Best of the Best Award 1997 Certificate of Appreciation 1996 Sexual Harassment Training 1996 Oral Presentation Training 1996 Windows 95 Intermediate 1996 Windows 95 Beginning 1996 WordPerfect 6.1 Intermediate 1996 Conflict Management/Dealing with Difficult People 1994 Licensing Compliance Instructor 1997-1999 San Bernardino Co. Superintendent of Schools Americans with Disabilities Act Training 1997 Child Care Law Center, Santa Ana, CA Child Care Management Training Conference 1997 Mt. San Antonio College, Walnut, CA Certificate of Merit - Response & Recovery 1994 Governor's Office of Emergency Services, CA Certificate of Merit - Disaster Response Team 1994 Health and Welfare Agency, State of CA October 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Mayor's Office rrEM NO. REQUEST Appointment to the Meridian Transportation Task Force AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: MaterMs presented at public meeMp shag become prdperty of the City of Meridian. • • October 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Mayor's Office ITEM NO. 7-A-5 REQUEST Introduce Ron Coulter Mayor's Executive Assistant AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • October 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Finance Department / Purchasing ITEM NO. - REQUEST Bid Results and Award for Abatement and Demolition at New City Hall Site AGENCY COMMENTS CITY CLERK: See a!Mached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CRY 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: StaffIlnitialr. Matedak presented at pubpc meothw shall become property of the My of Meddlan. 0 • OCT - 9 2006 rty of Meridian itsI'Clerk off rr' GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT NEW MERIDIAN CITY FALL PHASE I -Abatement & Demo Bid Results CH -06-001 Date: October 10, 2006 Request for Bid Background: • Request for Bid package produced by City with input from Petra Inc. • Advertised in regional and local" publications to meet all legal requirements of notice per. Idaho Public Works Statutes. • 17 Bid .Packages distributed by City. • Six (6) qualified Contractors for Abatement and/or Demolition attended the recommended Pre -Bid Job Tour and Project Discussion on Monday September 25, 2006 on site. Several of the bidders made return visits to the site to walk the grounds and confirm the physical size and layout of the site and buildings to be removed, prior to bid time. • On Bid Day, Thursday October 5, 2006, a total of three (3). bidders responded with two (2) abatement bids and two (2) demolition bids. • All responsive bidders met the published required IDPW criteria for bidding the scope(s) of work bid, including minimum licensing limits. ABATEMENT BID RESULTS: Low Bid: Ideal Demolition, Inc. 45 working days $145,00.0.00 2nd Low: Intermountain Construction & Abatement, Ince 40 working days $146,520.00 No other bids received. DEMOLITION BID RESULTS: Low Bid: Ideal Demolition, Inc. 2nd Low: Magnum Demolition No other bids received. 9056 W. BLACKEAGLE DR. • BOISE, ID 83709 • PHONE: WWW.PETRAINC.NET RCE -1875 45 working days $ 241,000,00 75 working days $ 321,000.00 (208) 323-4500 A FAX: (208.) 323-4507 i BID FOR 0 ABATEMENT & DEMOLITION BID NUMBER CH -06-001 m, r - p-,- s ��' a"�� e^" � �� a` .,.vr �'r _as 1F� - wis i '� �iz 4'r, '� 4 am "au�,.�, n •n-a� ^may f� t' 1�liCLiEr r 'n $ ! Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope. of Work and Work Description .......................................$_ 1`45, Doo , (go Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description ................. $ , pia 00 TOTAL IF AWARDED BOTH ITEMS ..............................................$ 3®� OPTION PRICING: Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description... WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) .............................................. $ J) 16, 000, OD TOTAL IF AWARDED BOTH ITEMS AND WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) ..................................................$ 31,03, 000. OL State number of days to complete Abatement 4s State number of days to complete Demolition 45 State number of days to complete Demolition 4 (Without Brick Slavage) Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount Cash discount of _ % for payment within calendar days. (No deposits, prepayments or percentage payments will be allowed) The undersigned has caed carefully all the above figures* understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM:=TS__<e--X--,&-L.. 6 J✓l �.j i \ tp;(�V tUL y. - y PRINTED OR TYPED NAME: TITLE: o= Q—, DATE: 105710(, E BID FORM ABATEMENT & DEMOLITION BID NUMBER CH -06-001 UL 'ew£Y'kna d4� ;'.:'"4' Wrq.Frx4�nsm.tivq�y.:{ [a,yra ,+1.4 Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope of Work and Work Description .......................................$ 146,s2o.00 Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description ....................................... $ N/A TOTAL IF AWARDED BOTH ITEMS ..............................................$ N/A OPTION PRICING: Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description... WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) .............................................. $ N/A TOTAL IF AWARDED BOTH ITEMS AND WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) ..................................................$ N/A State number of days to complete Abatement Forty (40) .State number of days to complete Demolition N/A State number of days to complete Demolition N/A (Without Brick Slavage) Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes One Hundred Forty Six Thousand Five Hundred Twenty Dollars. Payment Discount Cash discount of 0.3 % for,payment within 12 calendar days. (No deposits, prepayments or percentage payments will be allowed) Certificate of Understanding The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. 7 of 22 The undersigned has chec• carefully all the above figures anFunderstan 9 ds that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM:Intermountain ,Conjstruction & Abatement, LLC By: "o< � PRINTED OR TYPED NAME: Tom N. Walter TITLE: Member DATE: October 05, 2006 8 of 22 • BID FORM • ABATEMENT S DEMOLITION BID NUMBER CH -06-001 PRICING SCHEDULE Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope of Work and Work Description ....................................... $ 0 0 & i Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description .......................................$ 32-1 ®co. — TOTAL IF AWARDED BOTH ITEMS ..............................................$ OPTION PRICING: Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description... WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) .............................................. $ 0c , '2? TOTAL IF AWARDED BOTH ITEMS AND WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) ..................................................$ We 61 r State number of days to complete Abatement W10 �6 i© State number of days to complete Demolition A7 q State number of days to complete Demolition "1 'E� (Without Brick Slavage) Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount 1"�S Cash discount of oft % for payment within calendar days. (No deposits, prepayments or percentage payments will be allowed) Certificate of Understanding- The nderstanding The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. 7 of 22 The undersigned has checked carefully all the above figures a• understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: ��'� ILS By PRINTED OR TYPED NAME: t oP eS TITLE: ,f DATE: 4-01 -isd a 8 of 22 c CL a O 10 m 0 O 0 0 • t, 0 A ` f d 1 �1 L cz) o 0 0 N i O1 f. >' M i Or 'O N 'O E C � O o CD CD m CL °' o m VCL m E m cm CDE iA m� c ' 2 °-� r H y Er y d Q ;c °mcg CL m In a E ;o = 0� o v m .0 m O 0 0 • t, cz) o 0 0 N t~i1 f. >' M i Or 'O N 'O E C CD CD m CL °' o m aoo m� y r, GENERAL CONTRACTORS & CONSTRUCTI'ON MANAGEMENT NEW MERIDIAN CITY HALL PHASE I -Abatement & Demo Bid Results CH -06-001 Date: October 10, 2006 Request for Bid Background: • Request for Bid package produced by City with input from Petra Inc. • Advertised in regional and local publications to meet all legal requirements of notice per Idaho Public Works Statutes. • 17 Bid Packages distributed by City. • Six (6) qualified Contractors for Abatement and/or Demolition attended the recommended Pre -Bid Job Tour and Project Discussion on Monday September 25, 2006 on site. Several of the bidders made return visits to the site to walk the grounds and confirm the physical size and layout of the site and buildings to be removed, prior to bid time. • On Bid Day, Thursday October 5, 2006, a total of three (3) bidders responded with two (2) abatement bids and two (2) demolition bids. • All responsive_ bidders met the published required IDPW criteria for bidding the scope(s) of work bid, including minimum licensing limits. ABATEMENT BID RESULTS: Low Bid: Ideal Demolition, Inc. 45 working days $145,000.00 2nd Low: Intermountain Construction & Abatement, Inc. 40 working days $146,520.00 No other bids received. DEMOLITION BID RESULTS: Low Bid: Ideal Demolition, Inc. 2nd Low: Magnum Demolition No other bids received. 45 working days $ 241,000,00 75 working days $ 321,000.00 9056 W. BLACKEAGLE DR. • BOISE, ID 83709 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 WWW.PETRAINC.NET RCE -1875 I New Meridian City Hall Bid Results Report October 10, 2006 Page 2. COMBINED BID RESULTS: In accordance with the bid documents the best combined bids were: Low: _ Ideal Demolition, Inc. Abatement $ 145,000-.00 Ideal Demolition, Inc. Demolition $ 241,000.00 Total $ 386,000.00 Next Low: Intermountain Const. & Abatement. Abatement: $ 146,520.00 Ideal Demolition, Inc. Demolition: S 241,000.00 Total $ 387,520.00 Next Low: Ideal Demolition, Inc. Abatement $ 145,000.00 Magnum Demolition, Inc. Demolition: $ 321,000.00 Total $ 466,000.00 Next Low: Intermountain Const. &.Abatement Abatement $ 146,520.00 Magnum Demolition, Inc. Demolition $ 321,000.00 Total $ 467,520.00 OTHER CONSIDERATIONS: In accordance with the bid documents additional incentives and considerations offered by bidders included the following: Ideal Demolition, Inc. offered an incentive discount of <$70,000> off their combined contract total if awarded both the Abatement and the Demolition scopes of work to reduce their contract from $ 386,000.00 to $ 316,000.00. Ideal Demolition,- Inc offered an incentive of an additional. discount of <$ 23,000.00> off the demolition scope of work if the City, does not choose to salvage any of _the brick as noted in the bid documents. RECOMMENDATIONS & CONCLUSIONS: Based on the results of the bid opening, and the applicable Idaho Department of Public Works statutes, the Construction Manager recommends that the City Council ratify the results of the Abatement & Demolition Request for Bid CH -06-001 and direct Staff to enter into contract negotiations with Ideal Demolition, Inc. for both the Abatement and the Demolition scopes of work for a base total contract value of $ 316,000.00 subject to fmal determination by the Council on the status of salvaging or not salvaging brick from the demolition site. I %. 0 ETR GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT NEW MERIDIAN CITY HALL PHASE I -Abatement & Demo Bid Results CH -06A01 Date: October 10, 2006 Request for Bid Background: • Request for Bid package produced by City with input from Petra Inc. • Advertised in regional and local publications to meet all legal requirements of notice per Idaho Public Works Statutes. • 17 Bid Packages distributed by City. • Six (6) qualified Contractors for Abatement and/or Demolition attended the recommended Pre -Bid Job Tour and Project Discussion on Monday September 25, 2006 on site. Several of the bidders made return visits to the site to walk the grounds and confirm the physical size and layout of the site and buildings to be removed, prior to bid time., • On Bid Day, Thursday October 5, 2006, a total of three (3) bidders responded with two (2) abatement bids and two (2) demolition bids. • All responsive bidders met the published required IDPW criteria for bidding the scope(s) of work bid, including minimum licensing limits. ABATEMENT BID RESULTS: Low Bid: Ideal Demolition, Inc. 45 working days $145,000.00 2nd Low: Intermountain Construction & Abatement, Inc. 40 working days $146,520.00 No other bids received. DEMOLITION BID RESULTS: Low Bid: Ideal Demolition, Inc. 2nd Low: Magnum Demolition No other bids received. 45 working days $ 241,000.00 75 working days $ 321,000.00 9056 W. BLACKEAGLE DR. I BOISE, ID 83709 • PHONE: (208) 323-4500 1 FAX: (208) 323-4507 WWW.PHCE- ; C.NET New Meridian City Hall Bid Results Report October 10, 2006 Page 2. COMBINED BID RESULTS: In accordance with the bid documents the best combined bids were: Low: Ideal Demolition, Inc. Abatement $ 145,000.00 Ideal Demolition, Inc. Demolition $241,000.00 Total $ 386,000.00 Next Low: Intermountain Const. & Abatement Abatement: $ 146,520.00 Ideal Demolition, Inc. Demolition: $ 241,000.00 Total $ 387,520.00 Next Low: Ideal Demolition, Inc. Abatement $ 145,000.00 Magnum Demolition, Inc. Demolition: $ 321,000.00 Total $ 466,000.00 Next Low: Intermountain Const. & Abatement Abatement $ 146,520.00 Magnum Demolition, Inc. Demolition $ 321,000.00 Total $ 467,520.00 OTHER CONSIDERATIONS: In accordance with the bid documents additional incentives and considerations offered by bidders included the following: Ideal Demolition, Inc. offered an incentive discount of <$70,000> off their combined contract total if awarded both the Abatement and the Demolition scopes of work to reduce their contract from $ 386,000.00 to $ 316,000.00. Ideal Demolition, Inc offered an incentive of an additional discount of <$ 23,000.00> off the demolition scope of work if the City does not choose to salvage any of the brick as noted in the bid documents. RECOMMENDATIONS & CONCLUSIONS: Based on the results of the bid opening and the applicable Idaho Department of Public Works statutes, the Construction Manager recommends that the City Council ratify the results of the Abatement & Demolition Request for Bid CH -06-001 and direct Staff to enter into contract negotiations with Ideal Demolition, Inc. for both the Abatement and the Demolition scopes of work for a base total contract value of $ 316,000.00 subject to final determination by the Council on the status of salvaging or not salvaging brick from the demolition site. m m 0 m z v O v y my cm m0 Nr O z 0- �Zm vm 3nac z 0 -1 -i z Z v rn3 O6) I c 03 z I* 00 v 00 v C m X m 3�y o m n �•{ 0 m z 0 CQ ` 3 O `. � m00 cr d m 3 m —0 0 —o cD 3 : -h o.sn o.T -D a°c Z CLo.o CD w" Wm � :3 XF m CD N � `D 3 N O c W A pr Cl) 0 �f to ID 404069 W N GO -N -N ww 00 000 0o coo 00 000 00 000 N N 0 0 0 Cl N 0 0 0 m z v O v y my cm m0 Nr O z 0- �Zm vm 3nac z 0 -1 -i z Z v rn3 O6) I c 03 z I* 00 v 00 v C m X m 3�y z m n �•{ 0 m z `�►. ` 3 O `. � v c m v m 3 rn O n O W m M X C r W e, N & o 1 G W CL n v v 1IM W 3 O 4 CL O � CL 0 o a (D m M Oy 90 O a =;;o. M n o, su to C. CL CD CD CD y M a C� m ., 3 °c c, C. c c ,�$ s - M OD A : CL CD CD C m a\ ` o Izili � G � In a �r � W e, Q '0 M o 1 G W CL '� 3 1IM o y 4 CL CL CL 0 a (D m M > 90 O c, o. =z C@ c r (Ji M n cp — to CD to C. 3 rt a9 y aCD a M a C M C- `< m ., '1 ti ` o � a �r � o Q '0 M • • October 6,2W6 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Public Works Department ITEM NO. -' REQUEST Agreement for Hookup to the City of Meridian Sewer / Water System Outside the City Limits for William J. Walgamott II at 2660 East Franklin Road AGENCY CITY CLERK. CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEFT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See of ached OTHER: Contacted: Date: Phone. Emailed: Staff Initials: Materials presented at public meefirW stag become property of fhe Clfy of Me kkn • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Clo=Publ ianDept Date: 10/5/26 Re: Proposed Agenda Items for 10/10/06 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/10/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Request for Services Outside City Limits for 2660 E Franklin by William Walgamott and Mary Whale. Property is currently in the County, owners would like to transfer the residence into a day care. CDHD has stated that the well and septic will not support a day care center. Owners have requested approval for connection to City Services. Recommended Council Action: Approve the Request for Services Outside City Limits for 2660 E Franklin by William Walgamott and Mary Whale and authorize the Mayor to sign and City Clerk to atiest. Thank you for your consideration. 0 Page 1 0 Lenn Grady Director City of Meridian, Public Works 660 E. Watertower Ste 200 Meridian ID 83642 (208) 890-5500 or fax (208) 898-9551 Mr. Director • William J, Walgamott II 3019 N. 28' Street Boise ID 83703 (208) 343-9658 fax (208) 429-1997 We are requesting permission to hook up to Meridian Public sewer and water. My partner Mary Whale and I have recently purchased a property located at 2660 E Franklin Rd. Our plan for the property is to convert the existing house in to a Day Care center. The State Idaho Department of Environmental Health, has informed me that the private septic and waxer systems currently on the property, will not and can not be modified to meet the needs of such a business. Therefore I am requesting consideration and approval for connection to Meridian City, water and sewer. Thank you, for considering my request. William J, Walgamott II RECEIVED OCT 0 4 2006 city oz I�ie�rieuan Fublic Works Dfiwtor 0 • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATER SYSTEM OUTSIDE THE CITY LIMJTS : 2660 East Franklin Road Meridian, ID 83642 THIS AGREEMENT is made and entered into this 8 day of September 2006 , by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and Mary Whale , as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -1 0 0 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2 0 • 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 • 0 by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: * Mary Whale * 2660 E. Franklin RD * Meridian ID. 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TEME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 • 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: Agreement. This Agreement shall be effective at such time as loth parties have executed this ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner Name:'Mary NFAale CITY OF MERIDIAN am MAYOR TAMMY DE WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK BY RESOLUTION NO. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 • 0 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 STATE OF IDAHO, ) . ss. County of Ada) on this l z 4k day of �e rnb� r , in the year 200b before me, the undersigned, a Notary Public, personally appeared, M A 9 Wl A a , known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and y ,��tificate first above written. yt� A BIRc$ (SEAL) �► • , # AUBL'VC JJ, 4 off •��.,�� OF19 STATE OF ID . ss. County of Ada ) My�- nJ\ Notary Public for Idaho Residing at: $e i s F- i DA t40 My Commission Expires: I o 1 2 6 1 2 o f (� On this day of , in the year 20___, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -8 om PAT; nas KIM RMIN ail Azi MAN=- Bo 7 SHEET L-7 L 3: T 3- FLC 0 AR *M. -------- ... co L PRIVATE L WELL lu U) UNION PACIFIC RAILROAD F OLSON BUSH OLS0t4 8 r i 429F E LANAR — --------- ZA L IND STRIAE P No. 2 MERMAN H-3 CHOOL F v CADEMY" r r im ME! i2w E FRANKLIN ROAD SHEET ,L-9 g 8 a -m• a -r M Z IX l'1 --------------�I------� I II I I I I I 8 I � I �" I • I I I q n I TjFk,—v n I I I I �g � • Met Rq I I I Iv td >d I I tv y 1 $ 1 �nK� Z^�tl ZM� d Jd I Td v ® N 9 � 4 ra A $ 4 d Jd I td V Z J-4 ❑� ❑� +iT o. r, -Vk-L NJ c0e 3 Z D �°'�ou�u IQTKATIa.UB iP 3�) QD f Tel 4 le Oct 03 2006 12:03PM E 8553 p,2 CENTRAL • 0 DISTRICT HIFALTH DEPARTMENT __ MAIN OFFICE - 707 N. ARMSTRONG PL - BOISE, ID 83704-0825 - (208) 375-5211 - FAX 327-8500 Central District Health Department promotes we/lmess in our communities Through eduradon, prevention of dbease and dtsaha* and preservation 01 the qualify of ow environment_ " 06-1516 October 2, 2006 City of Meridian Public Works Department Attn: Bruce Freckleton 660 E. Watertower Meridian, Idaho 83642 Re: The Kit Kat Klub, 4842 W Franklin Road, Meridian, Idaho Dear Mr. Freckleton: Central District Health Department is requesting that The Kit Kat Klub be allowed to connect to city services as soon as possible. The Kit Kat Klub currently has a failed septic system creating a public health threat at the property 4842 W. Franklin Road. This is the third system that has been installed at this location. The current system was installed in 1999 and we struggled to find a location for the system at that time. Due to the location of the existing well, irrigation in the area, the fact that this is an area of high ground water, and that the majority of the property is paved makes it difficult to find a, suitable location for another system. Any assistance in obtaining connection of this property to the city sewer would be greatly appreciated. Sincerely, Michael H. Reno, R.E.H. S. Supervisor Land Based Programs Serving Ila/fey, flmore, Boise, and Ada Counties Ada / Boise County Office Elmore County Office 707 N. Armstrong Pl. Boise, ID 83704 520 E. 8th 51. North Valley County Office Enviro. Health: 327-7449 Mountain Home, ID 83647 703 N. 11 8 P0. Box 1448 Family Planning: 327-7400 Enviro. Health: 5$7-9225 Family iHea It 557-4407 y Heaft09 McCall, ID 83638 Immunizations: 327-7450 WIC: Ph. 634-7194 Senior Nutrition: 327-7460 FAX: 5874409 FAX: 634-2174 WIC 327-7488 FAX. 327-8500 9 • October 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Public Works Department ITEM NO. REQUEST Agreement for Hookup to the City of Meridian Sewer / Water System Outside City Limits for Kit Kat Club at 4842 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See alf ached Contacted: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shall become properly of fhe My of Meddkm 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File • City of Meridian Public Works Dept. Date: 10/5/2006 Re: Proposed Agenda Items for 10/10/06 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/10/06 City Council agenda, on the Consent Agenda, for Council's consideration: Request for Services Outside City Limits for 4842 W Franklin Rd (Kit Kat Club) by Barry Tassler. Property is currently in the County, owner is requesting approval for connection to City services. Septic system is failing. Will also need water for sprinkler system and hydrants. Recommended Council Action: Approve the Request for Services Outside City Limits for 4842 W Franklin Rd (Kit Kat Club) by Barry Tassler and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 • Wednesday, October 04, 2006 City of Meridian Public Works Department 660 East Watertower, Ste. #200 Meridian, Idaho 83642 RE: Hookup to the City Sewer & Water Services Barry-Tassler--am hereby -requesting to have .my-carrmmecci.al. as..vuelJ.as. _ . T: residential property hooked up to the City of Meridian's Sewer / Water system. The existing property, commonly known as the Kit Kat Klub located at 4842 West Franklin Road Meridian, Idaho located at the intersection of West Franklin Road & Black Cat Road. The current septic system is failing, and all locations for drain fields are saturated. Per the Central District Health Department's recommendation, they are advising me to seek your approval to connect to your services immediately. Furthermore, I have submitted'plans with the Ada County Development Services for building permits for an addition to the current structure Which will require the building to have fire sprinklers installed, as well as two (2) fire hydrants installed at the property site. Also, per the instruction of the Central District Health Department, the facility would need to have public sewer services connected prior to utilizing the kitchen facility. Based on the above referenced items, I am asking that you approve my application for hookup to the City of Meridian's Sewer & Water System outside the City Limits. Thanking you in advance, Meridian, Idaho 83642 (208) 888-7731 Business (702)496-0509 Cellular esc r; AGREEMENT FOR HOOKUP TO THE CITY SYSTEM OUTSIDE THE THIS AGREEMENT is made and ent( 20 (X by and between CITY OF MERIDIAN, a ] Idaho, hereinafter referred to as "CITY", and referred to as "SEWER/WATER USER". • JE)4rt y l 1. RECITALS: �r)41 C� 4� 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 1 9 . 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City, of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants -and conditions set forth herein, the parties agree as follows: C 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 0 • 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Pohey/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. - DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LE IITS - -3 in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting_party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting parry may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes, which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: PROPERTY OWNER: c/o Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 0 13. ATTORNEY FEES: n Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This,provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATER SYSTEM OUTSIDE THE CITY LIMITS -5 0 • 18. TERIVIINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: Agreement. This Agreement shall be effective at such time as both parties have executed this ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN MAYOR TAMMY DE WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK BY RESOLUTION NO. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 0 • STATE OF IDAHO, ) . ss. County of Ada) On this day of OC7�0b,yU , in the year 20_( ,before me, the undersigned, a Notary Public, personally appeared, a, , i r, known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above tten. (SE MGH -MMM o ublic for Idah NOTARY PI�UC STATE OF IDAW Residing at: 2?.3 \�3. C SD xwj am_ A-eyrad kn Lys, 11' My Commission Expires: f ft -k12-6) 1 STATE OF IDAHO, ) . ss. County of Ada On this day of , in the year 20before me, . the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 0 CENTRAL •• DISTRACT WHEhLTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 Central District Health Department promotes wellness in our communities through education, prevention of disease and disability, and preservation of the quality of our environment. " Document Referral Number: 17585 ACCESSORY USE AUTHORIZATION Ada County Development Services 200 West Front Street Boise, ID 83702 Applicant / Owner....................Barry Tassler Property Address .....................4842 West Franklin Road, Meridian Legal Description ..................... SE 1/4 SE 1/4 Section 9 Township 3N Range 1W This office can approve the additions so stated in the application based on the following conditions. 1. Establishment must connect to public sewer as soon as it is available. 2. Kitchen may not be utilized until facility has made connection to public sewer. 3. Kitchen plans must be submitted to Central District Health Department for review and approval. Health Department approval subject to the owner's acknowledgment of the following statements: 1. Any construction, alteration, or extension of the existing sewage disposal system or of a new system shall not be started until a valid permit for such activity has been obtained from Central District Health Department (as required by the Rules For Individual/Subsurface Sewage Disposal Systems, May 1993). 2. In the event that the sewage disposal system fails, the owner will pursue immediate action to expediently and properly correct any malfunction so as to prevent the development of the health hazards in accordance with applicable codes, regulations, and ordinances. 3. Refer to application for applicant Health Department Approval By: Date: January 17, 2006 Ada / Boise County Office 707 N. Armstrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 �4 Josh M. Kriz Senior Environmental Serving Valley, Akre, Boise, and Ada Counties Elmore County Office 520 E. 8th St. North Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Specialist Valley County Office 703 N. 1st St P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 FAX: 634-2174 MAYOR i Ow TAMMY DE WEERD � � RoN ANDERSON COUNCIL MEMBERS JOE GORTON ASSISTANT CHIEF KErrH BjRD KEN W. BOWERS CHARLES M. ROUNTREE SHAUN WARDLE op - DEPUTYCHIEF - FIRE E PREVENON Qyty��yA� JOSEPH SILVA RURAL FIRE CGMMISSIONER$ (// GREENE IDAHORI£HARD >, DEPUTY CHIEF - DwNING TERRY LEIGHTON y�c BILL JOHNSON CLAIR BOWMANR �` r tsuRe "^"� 540 East Franklin Road -IERID-T-WFIRE DEPAR7NEN7- June 30, 2006 TO: Ada Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Kit Kat Klub 4842 W. Franklin Rd. Based on a review of the preliminary site plan & floor plan the following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. All radii into the project shall be 28' inside and 48' outside radius on all access roads. 2. The access shall have a 20' wide fire lane available at all times. 3. The most remote portion of the structure as measured around the perimeter shall be within 150' of a fire lane or paved surface capable of supporting 70,000 lbs. 4. Driveways greater than 150' in length shall be provided with an approved turn -around. 5. Post the address in 6" numbers which are visible from the street. 6. The building shall be located at least 25' off of the property line. 7. The building shall be located at least 50' from any building greater than 120 square feet in size. . 8. The building will be required to befire sprinklered. 9. The building will be required to be provided with a fire alarm. system. 10. The building will be required to comply with the state electrical code. 11. The building will be required to comply with the International Fire Code. S x ®—II 700 x adoNLd� �on,a—......._... mml��l NOOK. ;� gw �Alg gr w r g eq mml��l NOOK. ;� � Li Li ELI a�gs� oJ D 6 wrwo. ErATKLUB~ � .a • October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 • hyl[�l. . APPLICANT Franklin Centre, LLC ITEM NO. 9 REQUEST Continued Public Hearing from September 19, 2006 — Request for MI App to amend proposed DA site specific condition 6.1.5, page 5 to allow a temp construction fence along Lot 5 block 3 & a perm. Fence along Lot 5, Block 3 for Harks Canyon Creek Subdivision — 1845 Franklin 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 Previos Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 October 6, 2006 CPA 06-003 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Bailey Engineers ITEM NO. 10 REQUEST Public Hearing — Request for a CPA to modify future land use map to extend future land uses within City of Meridian south of Columbia Rd, west of Meridian Rd & east to Eagle Rd & to modify existing land use desig. On map along Amity for Southeast CPA AGENCY COMMENTS CITY CLERK: See attached P&Z Item packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments 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 October 6, 2006 CPA 06-002 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Thornton Oliver Keller ITEM NO. REQUEST Public Hearing -- Recieust for a CPA to change the future land use map designation for approximately 12.37 acres from medium density to mixed use for Ustick Comprehensive Plan Amendment -- 1515 West Ustick Road and 3195 North Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z Item packet / Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • 0 October 6, 2006 AZ 05-021 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT Ben Miller ITEM NO. !� REQUEST Ordinance — Request for Annxation and Zoning of 2.78 acres from RUT to L -O zones for Whitewater Subdivision flca Redtish Subdivision — 4120 North Under Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT.- CITY EPT:CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: _ COMMENTS See attached ordinance Contacted: p� ryi Date: Q Phone: Emailed: Staft Ini 'als: d Materials presented at public meetMp shall become properly of the City of Meridian. ADA COUNTY RECORDER"M AVID NAVARRO AMOUNT .00 BOISE IDAHO 10119106 ' DEPUTY VIcId Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF 106165911 City of Meridian CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW'/ OF THE NW I/ OF SECTION 36, 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 L -O (LIMITED OFFICE) 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: Ben Miller SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L -O (Limited Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-021 WHITEWATER SUBDIVISION formerly know as REDFISH SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this � day of ®CAW 46"�- , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this `® day of 2006. de WEERD ATTEST: REAL = WILLIAM G. BERG, 9k., CITY OLE ANNEXATION OF AZ -05-021 WHITEV� formerly know as SION Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this day of ()V Oher- , 2005, 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. OTARY PUBLIC FOR IDAHO RESIDING AT: OaAduxa y MY COMMISSION EXPIRES:(L Jl-( l ANNEXATION OF AZ -05-021 WHITEWATER SUBDIVISION formerly know as REDFISH SUBDIVISION Page 3 of 3 e EXHXBIT A Redfish Subdivision AZ -05-021, PP -05-021 Legal Description MILLER PROPERTY ANNEXATION A parcel of land located in the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho and described as follows: Beginning at a brass cap monument marking the southwest corner of said northwest quarter of Section 36 and the centerline of N. Linder Road from which a brass cap monument marking the northwest corner of said northwest quarter of Section 36 bears N 00°15'17" E a distance of 2634.71 feet; thence leaving said centerline along the South line of said northwest quarter S 89°09'05" E a distance of 273,36 feet to a 5/8 inch rebar from which the center one-quarter comer of said Section 36 bears S 89'09'05" E a distance of 2398,46 feet; thence leaving said South line along the boundary line of Baldwin Park Subdivision No. 1 as recorded in book 85, page 9516 of plats, Ada County, Idaho N 00'15'17" E a distance of 436 64 feet to a 5/8 inch rebar; thence N 86°36'03" W a distance of 225 69 to a 5/8 inch rebar; thence leaving said boundary line of Baldwin Park Subdivision No. 1 and continuing N 86036'03" W a distance of 48.07 feet to the West line of said southwest quarter and the centerline of said N. Linder Road; thence along said West line S 00°15'17" W a distance of 448.82 feet to the POINT OF BEGINNING Said parcel contains 121,018 sq, ft, or 2.78 acres more or less and is subject to any easements and/or rights -of -ways on record or implied. KL I APP Y WoOKS DEPT G EXHIBIT I)A1f MILLER PROPERTY ANNEXATION NW CORNER A PORTION OF THE SWI/4 OF THE NWI/4 OF SECTION 36, SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 NEST, BOISE MERIDIAN, TMERIDIAN, ADA COUNTY, IDAHO 2004 B"WIN PARK SUBDIVISION NO. t BOOK 85 OF PLATS, 4a.07, PACES 9516 AND 4517 225.EW S8S•36'03-E273•— 76' — I 25'I i 1 l 1 1 � 0 Y y ZOO + b aWWWWWW tV � W N � f.] W COQ I 1 _I qQ zor gI' = LEGEND ^4) 1= gl ZI _TIE UNC I I T SECIION UNE —• BOUNDARY UNE l 1 ® POUND BRASS CAP I1 I 1 FOUND 5/8' REBAR p CALCULATED PONT 1 1 I 25' 1 25.00' W 1/4 CORNER 10' WITNESS CORNER SECTION 38 — — 2+8_36_ — 38TOS-45-E 2398.46' A 6 C 1/4 CORNER S89'09'05'E 273.36' C SECTION 36 6N W APPR 'A _MhATTEO 15' WITNESS CORNER B t �� SOL LAN XS APR 0 8 2005 0 13L100 0! DEPT i 50 100 200 11335 / 'pA . I)i Po Tf 0 F �0 SCALE 1 " = 100' yfN R • �-��"� DETAIL LENME.WN PINNACLE BY. C0463'45AANNEX.dwg CREATION DATE: Engineers, Inc. CHECKED BY: 12552 W. Executive Or.. Suit. B. Boise, Idaho 01-06-2005 83713 (208) 887-7760 KNS NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- / 24 7 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SW '/ of the NW % of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 2.78 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 avaon at City Hall, City of Meridian, 33 East Idaho Avenue, Mer i'ciance shall become effective on the/d day of fit - SEAL - Mayor and City Council 6f the City -of dian P By: William G. Berg, Jr., City Cler1 -7 Nei First Readin : 10 -1®— O6 b g Ac�'bg a �� 1j4�frst��admg by suspension of the Rule as allowed pursuant to Idaho Code 50-�02 `�'ES_� NO Second Reading: -- Third Reading: -- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- [ 2 f6 7 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- / Z�t I 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 11 ° day of 62--- 2006. NJ, IW William L.M. Nary, City Attorney ORDINANCE SUMMARY — AZ -05-021 WHITEWATER SUBDIVISION formerly known as REDFISH SUBDIVISION Page 1 of 1 October 6, 2006 AZ 06-040 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT JE Development, LLC ITEM NO. 1 REQUEST Ordinance — Request for Annexation and Zonoing of 4.38 acres to an R-8 zone for Bellabrook Subdivision — 300 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: COMMENTS See attached ordinance �CLJdLdof'9. Date: `� (J Phone: of Cf tai jn C ,St& Ini 'als: �.1e�%f7 Materials presented at public meetings dKM become property of the City of Meridian. ADA COUNTY RECORD DAVID NAVARRO AMOUNT .00 BOISE IDAHO 10/19/06 'PM EY VIcWRECORDED- RAllen EQUEST III IIIIIIIIIIIIIIIIIIIIill1111l IIIIII OF 106165913 CIV of Merid(an CITY OF MERIDIAN ORDINANCE NO. 046� —,(2 e BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-040 BELLABROOK SUBDIVISION) FOR ANNEXATION OF PROPERTY SITUATED IN A PORTION OF THE NW 1/ OF THE NW 1/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: JE Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -06-040 BELLABROOK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _.149t4f day of 6>64�V "--- , 2006. /APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this < 10'—" day of _ ee-1W , 2006. de WEERD ATTES v WILLIAM G. BERG, ., C ,CL RK13BAL ANNEXATION OF AZ -06-040 BELTS IVISION Page 2 of 3 �p8�111111111kW\ STATE OF IDAHO, ) . ) ss. County of Ada ) On this 10i�' day of (10+0 ey , 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. AUW&J�A� NOTARY PUBLIC FOR IDAHO RESIDING AT: CO ld t Lf U. ID MY COMMISSION E)(PIRES: 1(3 -1 1—i ANNEXATION OF AZ -06-040 BELLABROOK SUBDIVISION Page 3 of 3 Legal Description Legal Desi riMn Bellabrook Subdivtslon -Annexation A parcel of land located in the NW / of the NW % of Section 17, Township 3 North, flange 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest comer of said NW V. of the NW % from which a brass cap monument marlang the southwest comer of the NW % of said Section 17 bears S 0°31'43' W a distance of 2858.74 feet, Thence S 0°31'43' W along the westerly boundary of said NW % of the NW % a distance of 890.87 feet to the POINT OF BEGINNING; Thence leaving said westerly boundary S 89'57'19" E a distance of 992.94 feet to a 5/8 Inch diameter Iron pin; Thence S 0'29'13' W a distance of 77.52 feet to a % Inch diameter iron pin; Thence N 89'59'37- W a distance of 587.77 feet to a 5/8 inch diameter iron pin; Thence S 0'32'24' W a distance of 310.91 feet to a % inch diameter iron pin; Thence N 89°58'07' W along a line 50.00 feet north of and parallel to the southerly boundary of said NW % of the NW % a distance of 425.18 feet to a point on the westerly boundary of said NW % of the NW Y; Thence N 0.31'43' E along said Westerly boundary a distance of 388.91 feet to the POINT OF BEGINNING. This parcel contains 4.81 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Sol ons, PC May 11, 006 Revr R0 � 'I-, -,gY MAY 19 2006 M OIAN WoFtKs oFPT.` �.At10ILMOf1S Bellabroolc Subdivision �"�w'"""rQ--A '0 Job No. 06-38 BELLABROOK ANNEXATION EXHIBIT LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 17, T3N, R 1 E, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2006 ryas #4r wa rwrern 5 e E FRANCUN RD. to n wl .beIle p BYE APPQ MAY 19 2006 .MERIDIAN PUBLIC ra I� WORKS DEPT. e+lsr. Naa IOSlJ7)5 0 100 200 400 Lin �11itio s Land Surveying and Consulting 231 E STH ST, STE.A MOMW ID 83642 (2W12=0=2j 2WZ557 rte NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- 12 b 6 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NW 1/a of the NW'/a of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.81 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of `s Mayor and City Council of the Citypferidi AL By: William G. Berg, Jr., City Clerk First Reading: Rule as allowed pursuant to Idaho C Second Reading: by suspension of the _ NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 1Z.jf 0 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- l2 f 8 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of 5 C4 2006. UJ4 l je-, William. L.M. Nary, City Atto ORDINANCE SUMMARY - AZ -06-040 BELLABROOK SUBDIVISION Page 1 r� u October 6, 2006 n u AZ 06-036 MERIDIAN CITY COUNCIL MEETING October 10, 2006iA toAPPLICANT Majestic, Inc. ITEM NO. o REQUEST Ordinance — Request for Annexation and Zoning of 10.94 acres from RUT to R-4 zones for Bitterbrush Point Subdivision — east of Meridian Road and north of Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached ordinance OTHER: Contacted: Date:® Q Phone: Emailed:wn �,(Q' n'�rlSr.1 , , -f-St Ini als: Materials presented at public meetings shall become properly of the City of Meridkn. ADA COUNTY RECOR DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 10/19/0W,31 PM DEPUTY D— Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF City of Meridlan 106165914 CITY OF MERIDIAN ORDINANCE NO. t')" Il� — /2, 6 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-036 BITTERBRUSH POINT SUBDIVISION) FOR ANNEXATION OF PROPERTY SITUATED IN A PORTION OF GOVERNMENT LOT 4, SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Majestic, Inc. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -06-036 BITTERBRUSH POINT SUBDIVISION Page 1 of 3 u E 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 ®"I day of L'9Ob4' , 2006. de WEERD ATTEST :811AL WILLIAM G. BERG, JR., C CL -E ANNEXATION OF AZ -06-036 BITTERBI'�S ,Q�N'' SUBDIVISION Page 2 of 3 0 . STATE OF IDAHO, ) : ) ss. County of Ada ) On this lb's' day of ('�('jio�,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. - Jlka �4 NOTARY PUBLIC FOR IDAHO RESIDING AT: �al (J UXA MY COMMISSION EXPIRES: ANNEXATION OF AZ -06-036 BITTERBRUSH POINT SUBDIVISION Page 3 of 3 0 • Legal Description Engineedisr North West, 423 N, Ancestor Place, Sufte 180 Boise, Idaho M9 (208) 376-5000 a fax (208) 376-5556 Project No. 05-004-01 Date: May 1, 2006 BITTERBRUSH POINT SUBDIVISION ANNEXATION AND REZONE DESCRIPTION A parcel of land located in a portion of Government Lot 4, Section 19, T. 3 N., R 1 E., B -M, Ada County. Idaho, more particularly described as follows: Commencing at the section corner common to Sections 19 and 30 of said T. 3 N., R. l E., and Sections 24 and 2S of T. 3 N., X 1 W., B.M.; Thence North 00°55'37" East, 2661.02 feet on the section line common to said Sections 19 and 24 to the 1/4 section corner common to said Sections 19 and 24; Thence revarsing direction, South 00°55'37' West, 1330.65 feet on the section line common to said Sections 19 and 24 to the northwest cortex of Government Lot 4 of said Section 19; Thence leaving said section line, South 89°5945" East, 23200 feet on the northerly boundary line of said Government Lot 4 and on the southerly boundary line of Edmonds Subdivision, as same is shown on the Plat thereof recorded in Book 33 of Plats at Page 2050 of Ada County Records to a point being 10,00 feet easterly of the centerline of the Kennedy Lateral, as described in Deed Instrument No. 7608075 of Ada County Records, said point also being the RL4L POINT OF BEGINNING; Thence South 89°59 45" East, 894.69 feet on the northerly boundary line of said Government Lot 4 and the southerlyboundary line of Edmonds Subdivision to the northeast corner of said Government Lot 4, said point also being the northwest corner of Observation Point Subdivision, as same is shown on the Plat thereof recorded in Book 84 of Plats at Page 9276 of Ada County Records; Thence South 00°46'12' West, 894.64 feet on the easterly boundary line of said Goveruunent Lot 4 and the westerly boundary line of said Observation Point Subdivision to a point being 10.00 foot north of the centerline of the said Kennedy Lateral; Thence leaving said boundary line, North 53°0572' West, 28531 feet, said line being 10.00 feet northerly of and parallel with the centerline of the said Kennedy Lateral; Thence on a line being 10.00 feet northerly of and parallel with the centerline of the Kennedy Lateral for the following courses and distances: aittmOkusb Paint Bub. Amwution.Rma"e nmeAae Page I Qr2 0 7bence North 50°2828" West, 558.77 feet to apoint ofeurve; Thence 438.42 feet on the arc of a curve to the right, said curve having a radius of 655.00 feet. a central angle of 38°21'02" and a chord distance of 430.28 feet which bears North 3101757" West (formerly described as 438.43 feet of arc, a central angle of 38°21'05" and a chord distance of430.29 feet) to the real point ofbegirWng. Said parcel contains 10,94 acres more or less PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS amabrwb POW Sub. Momrioo-R®me DM doe AR 2 of 2 z ao z � I AtlM SONONV 5 i I f1� N W j. AVS SOt10NY s y� 6 y N O S I A I 0 8 lI gB$ IN I O d N O t I O n 5 9 0 - - - - *m �4z_I ►9.005 _ - _ I ---L- sl�i � g1- •aa Nnmu3N-vww s td OMWW !D SIM - - - z O S a o � M W N N ►— w 2 O I 0- z F= m m w 1." Z Q m S�v Z Jr ui 2 Z m 4I OQE2 .Q o M o O~� oz p� 0 dFa zwa _ to ' V C= m Q~ n. no LU � c>i 0 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- 12-,6!7— PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land situated in a portion of Government Lot 4, Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 10.94 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, Idoov 1 Unis,grdinance shall become effective on the M!55 day of P a ,q s 'C✓ Mayor and City Council of the 6ty ol±M than EAL By: William G. Berg, Jr., City Clerk First Reading: /,0 04� AdoM t� °g by suspension of the Rule as allowed pursuant to Idaho Code 50- 02j'Iffff ��`' NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /" !— The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- f Z 6f 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 lg day of �C�C7�^+ , 2006. — QA 1. J William. L.M. Nary, City Attorne ORDINANCE SUMMARY - AZ -06-036 BITTERBRUSH POINT SUB Page 1 of 1 October 6, 2006 MERIDIAN CITY COUNCIL MEETING October 10, 2006 APPLICANT ITEM NO. 05 REQUEST Executive Session per Idaho State Code 67-2345 (1)(a)(f)&(c.) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone. _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of fhe City of Meridian. COMMENTS